Legal Tips - 8 Things You Should Know If You Are Being Investigated For a Crime

Legal Tip 1. DO NOT TALK TO THE POLICE

I don't care if you are innocent or guilty, it is NEVER in your best interests to talk to the police. I have seen many Innocent clients screw themselves over by talking to the police. Your words, your demeanor and your physical characteristics can all be misconstrued, misinterpreted and used against you in numerous ways. No matter how innocent you are or how good you are with your words, it is highly unlikely you will be able to talk yourself out of being arrested.

Police officers love it when suspects talk to them. It gives them an opportunity to get a confession (or what they perceive to be one) out of the suspect. Once they get the confession, the case is usually closed and no more investigation is needed. Police officers will use all different types of tactics to obtain a confession. They have been known to tell individuals under investigation for crimes they have DNA evidence, when, in reality, no such evidence exists. They have professed to have an eye witness when no eye witness exists.

They have alleged to have had confessions from other co-defendants when none exist. These types of tactics have been used by officers for years to get a suspect to confess to a crime. Police officers can and will lie to you. There is nothing illegal about an officer lying to you. Do not believe a police officer if they make promises to you. If they promise not to arrest you if you talk to them, that doesn't mean they will not charge and/or arrest you later. The district attorney or U.S. Attorney is the only person who can make enforceable deals or agreements.

Legal Tip 2. DO NOT TALK TO ANYONE ABOUT THE FACTS OR ALLEGATIONS

Anyone you talk to (except your attorney) can be subpoenaed and forced to testify at your trial. Whether it's your best friend, girlfriend, relative or co-worker, they can be compelled to tell the Court or the Jury what you said. On many occasions, the officer will have a friend or relative of the victim call you to confront you with the allegation. This conversation is then recorded and used against you in Court. Always expect that anyone talking to you about the allegations is recording the conversation. Law enforcement is using confidential informants more often than ever. You never know who is working with the police.

Legal Tip 3. DO NOT CONSENT TO ANY SEARCH.

Never consent to a search of your home, car or person whether you are innocent or guilty of a criminal offense. In most cases, the officers are seeking your permission to search because they lack the probable cause necessary to obtain a warrant for the search.

If they threaten you with getting a search warrant, don't worry. Make them get the warrant. They may not have enough evidence against you to obtain the search warrant. The harder they press for your consent, the less likely it is they have enough to get a search warrant.

Legal Tip 4. DO NOT STEP OUTSIDE YOUR HOME

If an officer comes to your house to talk to you, you are not required by law to talk to them. In many cases, the officer will ask you to step outside your home to talk. DO NOT STEP OUTSIDE YOUR HOME! They are usually doing this so they can arrest you. As long as you stay inside your home, they cannot enter to arrest you without a warrant.

Also, do not invite the officer into your home. This will allow them to arrest you and also make notes of anything they see inside your home that is in their plain view. Do not open the door. Talk through the door. If you open the door, an officer may infer that as consent to enter your home.

Legal Tip 5. GET AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY IMMEDIATELY

Do not call your family attorney. Do not call your business attorney. You need to call an experienced criminal defense attorney. Be sure they are a member of the National Association of Criminal Defense Attorneys. Make sure they devote at least 50% of their practice to criminal law. Finally, make certain they have handled the most serious of cases and have a proven track record of success at trials involving criminal charges.

Legal Tip 6. DEMAND AN ATTORNEY.

If you are unfortunate enough to get arrested, demand an attorney. You must make sure your request for an attorney is clear and unequivocal. Statements such as "Maybe I should get an attorney?" or "Do I need an attorney?" are not strong enough. You must be strong and demand an attorney. If you do not, officers will continue to probe and try to get information they can use to convict you. Exercise your 6th Amendment right to an attorney.

Legal Tip 7. DO NOT LIE TO THE POLICE

Lying to the police can result in additional criminal charges and in some cases, can lead to your arrest. You do not have to talk to the police. You are better to say absolutely NOTHING than to lie to the police

Legal Tip 8. SAY "YES" TO A LIE DETECTOR TEST

This may seem strange considering all of the other advice. Under Wisconsin Criminal Law, while the results of a lie detector test are generally not admissible in Court, your willingness to submit to a lie detector test MAY be admissible. When asked if you would submit to a lie detector, say "Absolutely". Make it as clear as can be, but add, "so long as my attorney is present" First, it is unlikely they are going to give you the test as most police departments do not have polygraphs.

Second, your willingness to submit to a lie detector may give the officer pause about arresting you, holding you, or referring your case to the District Attorney for criminal charges. Third, if they really do plan on giving you the polygraph, they will have to wait until you get your attorney. You can discuss whether to finally submit to a lie detector test with your attorney.

Driving With a Suspended License

When you are convicted of driving under the influence or driving while intoxicated (DUI/DWI), one of the many penalties that a state may issue is a license suspension. Typically, for your first DUI conviction, you will have your license suspended for no longer than six months. For subsequent convictions, you may be stripped of your driver's license for a year or more.

Most people rely on an automobile as their primary means of transportation. A suspended license can limit a person's mobility and make it difficult to commute to work or visit family and friends. While this may seem like an unreasonable hardship, it is better to make other driving arrangements, such as taking the bus or carpooling, than to risk being pulled over without a valid license. If you are caught driving with a suspended license from a DUI/DWI, you risk being penalized even further.

Suspended License Violation Penalties

Each state has its own penalties for drivers who are caught without a valid license, but most states will extend the period of the suspension and slap the offender with a hefty fine. Under Rhode Island law, penalties for driving on a suspended license are as follows:

First offense: 3 months additional suspension + $500 fine + at least 10 days in jail
Second offense: 6 months additional suspension + $500 fine + 6 months to 1 year in jail
Third offense: Felony charge + 1 year additional suspension + $1000 fine + at least 1 year in jail

Coping with Your License Suspension

Clearly, suspended license violations are taken seriously and can add months to your original penalty, not to mention the additional hefty fines. It is best to not risk being caught without a valid license. If you have been convicted of a DUI and penalized with a license suspension, consider using one of the many other modes of transportation available to you. If you are traveling within a couple of miles, try walking or biking to your destination, or look up a convenient bus route. You may find that you are able to save hundreds and even thousands of dollars that otherwise would be spent on gas.

If you have been arrested for driving with a suspended license, you face the possibility of extended suspension, fines, and jail time. Consider consulting with a DUI defense attorney immediately to review the options that are available to you so that you can regain your license.

Why DUI Attorney Experience, Skills, and Time Are Important

It's unfortunate that some DUI, DWI, and OWI attorneys are a waste of money. Go to just about any drinking and driving forum or board and you'll hear cries foul not only for the charges, but how ineffective the lawyer was.

How much of an impact should a DUI attorney have? What of experience should you look for? What skills can help your case the most? And how can you factor in time and availability if you find a skilled and experienced attorney?

How much of an impact should your DUI lawyer have?

They're impact can be most effective in cases where you feel wronged. If the situation where you were charged with a DUI and arrested seem wrong, you have a right to fight the charges. For example, if the officer was incorporated with you, operated the sobriety test incorrectly, or never read you your rights, in some cases all charges can be thrown out. Is that a big enough impact?

In cases where you want to plead guilty, often the attorney defending you can make a deal with the prosecution for a lesser charge. This is done all the time, especially in cases where you did not hurt anyone or endanger someone under age.

What experience do you look at?

Experience is more than a resume and a strong opinion. On paper, an experienced attorney needs to have shown clear effectiveness in DUI cases. This is not your public servant court-appointed lawyer This is someone who specializes in DUI law, and has specialized for years. They need to prove they've impacted many other cases in similar situations.

How can you see "Skills"?

Skills are sometimes the hardest to judge, but when it comes to law, you'll see it in how they defend you. If you hire an attorney but feel their plan for defense is wrong, you may want to hire a different one. There is no rule that says you must stay with one attorney; in most cases, judges will allow changes in attorneys. An experienced attorney doesn't always win the case for you; some of these are lost causes. But at the least they should help lessen your penalties.

What if they have no time?

Lastly, defending a DUI, DWI, or OWI takes more than experience and skill. There is one other vital ingredient: time. There is only so much. You can hire the best attorney in town, but if they are overbooked, if they have no time to spend with you, if they choose someone else in the firm to represent you in court who has little to no experience, these are all clear problems.

As you can see, not all DUI attorneys are equal. To find the right one, you just have to put time and effort into it.

Legal Process Outsourcing - IT Has Arrived

Legal Process Outsourcing (LPO) is the newest kid on the ITes (IT-enabled services) block and it has already notched up impressive statistics. The players are scattered all around the globe-the service providers are mainly based in countries like India, the Philippines, Israel, and those in Latin America and the service-seekers are primarily the developed nations of the world.

This industry grew out of the need of law firms or corporations to obtain legal support services from another legal firm or a company that specializes in providing these services. The services typically offered by a LPO firm are reviewing legal documents, carrying out legal research work, compiling research and analysis documents, providing patents-related services, and drafting pleading documents and legal briefs.

The LPO industry is still in its nascent stages but the profits it has garnered are phenomenal. As per data that was available on April 2010, more than 5,000 professionals were working in this field in India and Philippines and they rake up annual revenues of USD 300 million. The workforce is expected to increase to 18,000 by the year 2015 and they will contribute USD 960 million to the coffers.

The success of the LPO firms stems from the fact that they charge a fraction of what an attorney in an industrialized nation will charge for doing the documentation work. Thus law firms often outsource the work.

An interesting trend has been noticed in this arena: more and more firms are demanding confidential services. For this reason, LPO firms have mushroomed to provide specialized "back-door" and "near-shore" services.

The LPO industry is here to stay and looks all set to flourish; a belief that has been substantiated when it admirably withstood the ravages of global recession. In fact, global recession opened the floodgates for large number of litigation and bankruptcy cases. The LPO firms were only too happy to lap them up.

5 Questions to Ask Your Criminal Lawyer

Almost everyone needs the help of a criminal lawyer at some time or another. Whether for themselves, family, or friends, when the time comes its important to have the right man for the job. Below are five questions to ask your criminal lawyer to make sure he is the right attorney for you.

1. How Successful have you been handling cases like mine before?

Ever potential client should consider whether or not their Criminal Attorney has handled similar cases before. If the criminal attorney has never handled a DUI before, for example, he may not be aware of the important deadlines, relevant law, and important facts to consider when preparing your defense. Alternatively, an Attorney with substantial experience handling your type of case may be more appropriate to handle your pending matter.

2. What is this going to cost me?

You need to know the bottom cost in any big purchase. Hiring a criminal defense attorney is no different. You should want to know if hiring a lawyer is going to cost you 2K or 10K. Also, are you going to be able to afford your lawyer? If you are unable to pay your lawyer, he may withdraw from your case, and you will have to restart from ground zero. Nobody wants to do that when their life is on the line.

3. What are your credentials.

Most lawyers learn how to talk a big game. But do they have the training and experience to back it up? If you are in the market for a trial criminal attorney, you will likely want to know that your criminal lawyer has tried many cases before, went to a well known trial school, etc. Past performance is an indicator of future performance. Knowing your lawyers credentials will help you make an informed decision.

4. What are the maximum penalties I can get?

Different charges carry different penalties. For example, most people are surprised to find out that a DUI can get them a year in jail. Likewise, a third degree felony can get you 5 years in prison. Ask your Attorney what the possible consequences are so that you will be prepared to make an informed decision as to how to proceed with your case.

5. How many trials have you run?

You may not want your case to ever see the courtroom. You may rather want to work out the best disposition possible. However, you still want to have a trial lawyer preparing your case and negotiating on your behalf. That is because a State Attorney is more likely to workout a beneficial disposition with a trial lawyer whom he thinks might take the case to trial. If the State Attorney knows the criminal lawyer will not take it to trial, the criminal lawyer has no negotiating leverage on the State.

Criminal Defense Lawyer - Help Them Help You

If you are ever faced with having criminal charges filed against you, the first step through the process is getting in touch with your criminal defense lawyer.

Once in contact, it's important to know all the ways you can help your lawyer defend you. After all, it's your freedom at stake. Do what you can to aid your defender in helping you keep it. Below are a few tips to essentially help you help yourself.

Step 1: Above all other things, you must be honest with your attorney. He or she must know all there is to know regarding the case. Tell them everything you know, and their odds of being able to help you skyrocket. Remember, by holding onto the truth, you're gambling with your freedom.

Step 2: Follow any and all instructions given to you by your lawyer. If you're advised not to discuss the case, don't discuss the case. If you are advised to stay away from specific individuals, then keep your space. Your attorney is doing the best they can to help you out. Listen to what they have to say.

Step 3: Show up to any and all legal proceedings and meetings on time. Show your attorney that you're just as committed to the case as they are. By arriving when you are supposed to, you will make the proceedings go much more smoothly for everyone involved. Do whatever it takes to be prompt and ready to go. A missed proceeding could end up costing you a few years.

Step 4: Make sure to stay out of any additional trouble. Don't involve yourself in any suspicious activities or with people who may get you into further trouble with the police. Become Mr. / Mrs. Perfect; a model citizen. Consider trying to make restitution payments or arrangements to pay for any damages you admit responsibility for. Find out whether restitution is even an option.

Step 5: Show the utmost respect for the justice system and your attorney. If you're lucky enough to have your case heard by a sympathetic judge, you might be cut a little slack if you have your ducks in a row. Being rude or disrespectful will never get you anywhere.

Helping your attorney defend you simply makes sense. Having someone with your best interests to work with you is ideal in any legal setting. By helping your criminal defense lawyer, you're only helping yourself.

Are Mandatory Drunk Driving Blood Tests Unconstitutional?

In Dallas Texas a very controversial method of enforcing drunk driving had spawned about a year ago that caused many DWI attorneys to throw their arms up in the air. For all drivers suspected of driving under the influence who refuse to blow into a breathalyzer can automatically have blood drawn to determine if there was any alcohol in the blood stream.

This is done against a drivers will by an on duty judge that is able to sign and execute a warrant instituting the mandatory blood test. This type of approach has had many Texas DWI defense attorneys a bit upset stating that this violates a human beings constitutional rights and violates an unreasonable search and seizure of personal evidence. This has been a very controversial approach to determine if someone has been drunk driving in Dallas Texas. It was only done on select few nights and common drinking holidays because it required an actual judge on duty to actually sign the warrant to allow medical staff to proceed with the blood test. Many questions have been raised with this type of action. Since any blood immediately becomes trial evidence it is important by law that it be handled correctly and not compromised in any way. Compromised blood samples could sway a jury to go in either direction and trigger a less desired outcome for the driver.

You can see how this type of approach would be deemed questionable by many in the community. County prosecutors think differently about this topic. It helps them easily close cases and get convictions without a lot of challenges in the courtroom that could get a case dismissed for whatever reason. County prosecutors are feverishly scrambling to have this legislation approved in order to be executed much more frequently. One of the biggest steps to getting this done will be to have not just a judge that can order the blood test but other high ranking individuals. Having a judge on staff every night is very costly for any city or town. Is it unconstitutional to force and individual to give blood? We will have to wait and see how this type of effort pans out. With more and more states really cracking down on drunken driving laws and drivers we will be sure to see this type of approach spread amongst other cities if it gets approved in Dallas Texas.

Four Questions You Should Ask Prospective Criminal Defense Lawyers

Your initial priority after you've been accused of a crime should be to hire yourself the best criminal defense attorney you can locate. How can you find the best attorney for your situation? There are four important questions you need to ask of each potential representing lawyer.

Question 1 - How Will The Lawyer Handle The Case? - You'll need to explain the case to each legal counsel you see. Let them know what charges you are facing and give them the circumstances surrounding the arrest and charges. Once you are done, ask them how they plan to handle it. There are two things you need to watch out for with their answer:

- Ensure the lawyer understands your case clearly
- Ensure they've paid attention to all details of the case

Question 2 - What Is Their Plan Of Action? - The legal counsel you are speaking to should be telling you what kind of action they plan to take. You want to know what your criminal defense is going to be. You also want to know how they plan to proceed in defending you in a clear, concise and easy to understand manner. Even if the criminal defense attorney is good, you can feel stressed out from the entire situation when you don't understand the proceedings and what is happening.

Question 3 - What Are The Attorney Fees? - Remember that each lawyer will bill you differently. Some ways they may charge include:

- By the hour
- By phone call
- Charge for miscellaneous expenses

Make sure to get a ballpark amount so you understand about what it will cost to defend you. You need to make sure all the terms are clear including when you'll need to pay your first payment or if the lawyer requests a retainer for his/her services. While you want the best and most experienced criminal defense lawyer, you need to know what their costs are overall.

Question 4 - How Will Your Attorney Keep You Updated On Your Case? - You need to question the counsel how he/she plans to keep you updated on the case. Some lawyers will make sure you're contacted all the time while others contact you with they have information they need from you or have to share. You want the type of lawyer who will inform you of everything and how the case is progressing; it doesn't matter if there's no report at all. Make sure you stay in the loop and your lawyer keeps you there. If the only time you want to hear from your retained legal counsel is when they have something important to tell you, let them know this upfront.

While you're asking these four important questions, pay attention to how the lawyer makes you feel. Are you comfortable with their process or with them? While your case is ongoing, you'll be sharing all kinds of personal and private information; do you feel comfortable with telling them this information. You want a lawyer who won't make a judgment about you so don't settle for just any lawyer. Find one you are comfortable with all the way around.

The Big Mistakes That Can Lose Your Case Done by Your Criminal Defense Attorney

California DUI attorneys and DUI defense lawyers throughout the country often lose drunk driving cases because of their own mistakes. This article lists those mistakes to be on the lookout for when going through your DUI case.

These are some mistakes done by California DUI lawyers that can loose your case.

1. Many DUI lawyers are too young and inexperienced to know the law and have the necessary skills to effectively represent a defendant. Many times the young attorneys fresh out of law school will immediately begin representing defendants by taking appointments from the public defender's office.

The unfortunate people who cannot afford to hire their own DUI attorney and get stuck with a new lawyer pay a steep price. While these attorneys are not given the most difficult cases such as sexual assault and murder cases, even the most basic disorderly conduct case can have difficult fact patterns and complex legal situations to work through. And DUI cases are unfortunately considered "easy" cases by too many in the justice system. So these young and inexperienced attorneys will be assigned to dui cases even though these cases can be very complex. These attorneys often get rolled by the prosecution, since they lack trial skills and the confidence to play hardball with the prosecutor.

Yet, even attorneys that have more years of experience often lack the skills needed to win. They simply have not put the time in to learn the law or the skills necessary to properly defend their clients.

2. Many experienced California DUI attorneys have an inappropriate caseload by taking on either too many criminal cases or too few criminal cases. Some attorneys will take each and every case they can get from the public defender's office and any case that walks in the door. By doing this, they simply do not have the time that is required to handle the case effectively. Their performance in each case will be less than it should be.

Other California DUI attorneys practice criminal and DUI law but only as a small percentage of their overall caseload. You may have an attorney with twenty years of experience. But will that really matter if 90% of his caseload is in the area of divorce law. This attorney will have years of experience, but not the experience you need. It is highly unlikely that they will know the law pertaining to your case as well as they should. Nor is it likely that they will they have the criminal trial experience that is required for a criminal case.

3. Unfortunately many California DUI attorneys are just too lazy or just don't care. Attorneys are notorious for waiting until the last minute to file motions and to meet other deadlines in a case. They will do just enough to get by. They will never do more than the bare minimum on a case. They have seen hundreds of cases and know how a case will be resolved just upon reading the report. There is no reason to suspect anything other than the typical plea bargain. And that is exactly what they get. They are a prosecutor's best friend, because they make his job so easy. The prosecutor can get more of what he wants because he knows this defense attorney is just too lazy to fight.

Email Hacking and Criminal Penalties

Email hacking is the act of intentionally accessing someone's email account without his or her permission. While snooping through someone else's communications may seem to be a simple violation of privacy, it is in fact a criminal offense in many states. When you access email belonging to another by cracking the password, stealing the password, or simply opening an email program that does not belong to you, you are effectively committing the crime of email hacking.

Hacking and Criminal Charges

In the state of Florida, as in many states, email hacking is classified as a third-degree felony. This is a serious offense that can lead to prison time and hefty fines, even for a first conviction. If you have accessed another person's email, you may be shocked when you discover that they have decided to press charges against you. However, it is their legal right to press charges if they wish, even if you have a current or past relationship to the person. Family, friends, exes, current partners, coworkers, and others have been charged with email hacking.

If you have accessed another individual's email for the purpose of defrauding him or her, or to obtain property (documents, photographs, files, etc.) from him or her, the charge may be elevated to a second-degree felony under Florida law.

Penalties

For a third-degree felony conviction, an email hacker can expect to face the following penalties in Florida:

Up to 5 years in prison
Up to $5,000 in fines

A charge that has been elevated to a second-degree felony may carry the following penalties if convicted:

Up to 15 years in prison
Up to $10,000 in fines

In addition to these court-ordered penalties, you will be required to register as a felon with the state. This can negatively impact your personal and professional reputation and can make it difficult for you to find or keep a job, apply to school, or secure a loan. It is therefore important to consult with a criminal defense attorney as soon as you discover that you have been charged with email hacking. An experienced criminal attorney will fight to defend your case and will ensure that your legal rights are protected throughout your proceeding.

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How a Competent DUI Attorney Functions While Representing Clients

Pete had really blown it this time and there was no going back and making the right decision in order to avoid the situation. Making the choice to have a few beers before turning in for the night had been what was sure to be a costly and ill-fated option. He dreaded calling Sally, his wife of twenty-four years to let her know that he had been picked up by the Ohio State Patrol and was currently incarcerated. He had been stopped for erratic driving and was arrested when he testing positive for operating his car in an impaired condition. To make matters even worse, Pete earned his living driving for the local transit bus company and now his commercial driving license would be in jeopardy. Yes, this was certainly a crisis situation and he would need the best Cincinnati DUI lawyer that money could buy. After speaking with his wife and asking her to make some inquiries for him, Pete was able to make contact with a group of Cincinnati DUI lawyers that came highly recommended. One of them readily agreed to represent him and promptly began gathering information regarding his arrest report and his incriminating test results for further examination. He then sat down with Pete and detailed his top concerns about a possible conviction and the resulting penalties and how he would seek to counter them. Very quickly, two main considerations rose to the top of list:

- The first priority for Pete was to keep his state sanctioned right to drive and not have to give up his license. This was imperative in his case because his job required him to be registered as a commercially licensed driver. Not having this credential might cause him to lose his job and would threaten his livelihood. The attorney assured Pete that although this was always a possibility the likelihood of it happening to him was slim due to the fact that this was his first offense of operating a car while intoxicated.

- Another consideration that was troublesome and could exact a very steep cost was the increase to the insurance rates that normally followed an arrest for operating a vehicle while under the influence of alcohol or drugs. Finances had been a struggle for this family anyway and this could be a major problem if the insurance costs climbed much higher. The attorney advised Pete that he would try to offset some of these costs by using the argument that Pete would agree to enter an alcohol awareness program where he would be counseled extensively about the dangers of drinking and driving. This program would also provide him with the tools needed to drink responsibly so this situation would never happen again. One such tool consists of a chart that lists the weight of the person who chooses to drink and then the blood alcohol level corresponding with the number of drinks consumed by that person. This gives a very accurate idea of when to stop drinking safely so a person knows that he is capable of operating a car in a proper manner. These programs have been court sanctioned and recommended highly for years.

5 Things to Look For in a Criminal Defense Attorney

Being charged with a crime can be a frightening experience. When you are facing criminal charges of any magnitude, your future can depend on the careful selection of qualified legal representation. Although your fate ultimately rests in the hands of a judge or jury, choosing the right attorney for your specific circumstances just may tilt the scales of justice in your favor.

There are many factors to consider in choosing the right attorney, and every legal situation is unique. However, when you are evaluating your candidates, a careful consideration of the following 5 factors will provide a great starting point in the decision making process.

1) Cost

Before you begin to interview defense attorneys, you should conduct a careful assessment of your financials. Determine how much money you will be able to allocate to the entire process. Be prepared to incur costs for court fees, restitution, and more. If your case goes to trial, your legal defense fee can easily double.

Depending on your particular requirements, you may need an attorney who offers flexible payment plans. You may be able to work out a monthly payment arrangement with a percentage of your fees paid in advance. Be sure to make note of forms of payment accepted as well. Most attorneys accept major credit cards, cash and checks.

2) Experience

A critical component of the evaluation process. Many attorneys begin their careers working for the State and thereby have a unique insight as to how the prosecution works. Carefully review the resumes of all your candidates and pay close attention to previous positions.

Look for experience in the area of practice that most closely pertains to your legal situation. If one of your prospects has a decade of experience practicing bankruptcy law, it won't do you much good if you are facing charges for driving while intoxicated.

3) Demeanor

While this is a factor that is often overlooked, your attorney's demeanor is critical to the maintenance of your relationship. Personality can also play an enormous roll in how a jury responds to your attorney if the case goes to trial.

Look for a confident yet personable attitude, and an ability to enunciate and communicate properly. It is imperative that your attorney exhibits patience in explaining the technicalities of the law to you at every step of the process.

4) Location

This may seem obvious, but many people seek counsel from counties other than the one in which they are facing criminal charges. Although there are circumstances where this may be advisable, generally speaking it is a better idea to choose an attorney with a primary practice in the county where you have been charged.

An attorney that is familiar with the processes and protocols in a local court system may have insights that an out-of-town lawyer may not be be aware of.

5) Track Record

While it may be tempting to look at sheer wins vs. losses in determining an attorney's ability to litigate, it is important to dig a little deeper. Every case has a unique set of circumstances that should be taken into consideration.

Look at your prospect's case results within the context of all of the available details. Does the attorney have a proven record of negotiating favorable terms for his clients or does he accept the first offer that is handed over? Look for a lawyer with the confidence to take a case to trial when appropriate.

Conclusion

When you enter into a relationship with a criminal defense attorney, you are putting your trust in the ability of that attorney to protect your constitutional rights in a court of law. With your freedom at stake, you should take every measure to ensure that you have retained the best possible legal representation.

Never be afraid to ask questions and don't be intimidate by your lack of proficiency in the law. Remember, above all, your defense attorney works for you!

After a DUI Arrest and Charge

If you were recently arrested and charged with driving under the influence, DUI, or driving while intoxicated, DWI, for the first time, you likely have a great number of questions and are somewhat worried about the process and what it will mean for your future. The first thing to know is that it is almost always in your best interest to elicit the help of an experienced DUI attorney. An attorney can help you proceed with your case and will look out for your freedoms and interests.

After being arrested and charged with DUI, you will go some or all of the following steps including:

Arraignment--during the arraignment, after reading the charge against you, the judge will ask whether you plead guilty or innocent. Your attorney will let you know before this happens whether or not it is in your best interest to plead guilty or not guilty. If you do not have an attorney already, the judge may choose to appoint you a public defender. At this time, your attorney or public defender may ask for any copies of police reports and other documents such as blood alcohol test results.
Preliminary hearing--at this hearing the judge will decide whether the evidence produced by the prosecution could convince a jury that you were driving while intoxicated.
Plea bargaining--this is negotiating a deal with the prosecutor for different terms or charges
Pre-trial motions--this is when your attorney may bring motions to have damaging evidence kept out of the trial.
Trial--the majority of driving under the influence cases are resolved before ever going to trial, but you should be prepared for trial as a possibility.

Being prepared for the process of dealing with a DUI charge can be a great asset if you are ever charged with DUI or DWI.

To find out more about the process of dealing with a DUI charge, visit the website of experienced Rhode Island DUI defense attorney James Powderly.

How to Hire a Criminal Defense Attorney

You thought you had waited long enough at your friends house after the party but the breathalyzer is telling a different story - a DUI is in your immediate future. Perhaps the jerk sitting next to you at the bar finally got under your skin and, in a moment of weakness, you lost your cool and now a have an assault charge against you. No matter how you arrived at this point, you need to hire a criminal defense attorney. This can seem like a daunting task since being arrested is very intimidating and it is important to get the best legal representation possible.

Hopefully, these tips and pointers will start you down the proper road to hiring a lawyer that will represent you well. When looking for an attorney, consider the following:

1) Make sure the attorney you hire has experience with your type of offense. Defending a felony narcotics possession is very different from defending a DUI. When interviewing an attorney, be sure to ask you much experience he or she has with your type of case.

2) Talk to your friends. It may be possible that they know somebody who has had to hire a criminal defense attorney. A referral is an excellent way to meet a good attorney as the referring person can let you know how the attorney did on all aspects of the case.

3) Any attorney you are looking to hire should offer a free initial consultation. This might be 10 minutes on the phone if you are in custody or 30 minutes if you are able to meet in person with the attorney. Do not hold back - be very upfront and honest about your situation. If you aren't providing full disclosure, it can negatively impact your case and cause extra expense. Be wary of any attorney that will not provide a free initial consultation or demands payment for this time

4) During the initial consultation, ask who will be handling your case. Many high profile criminal defense attorneys have their associates do all the work. You may be okay with this but many people want the attorney they speak with to handle their case directly. In general, the more well known the attorney is the more likely he or she will be less involved in your case.

5) Make sure the terms of the engagement are clearly spelled out. Be sure to ask what the rates are for negotiating a plea agreement and any other stages up to and including trial. Rates can vary dramatically from attorney to attorney and you can avoid a big surprise by asking about them up front. An up front retainer fee after the initial consultation is usually required. This fee may be many thousands of dollars depending upon the offense with which you are charged.

6) Most importantly, make sure you are comfortable with the attorney and the firm. You will be working with these people on a very intimate part of your life. Feeling insecure about the working relationship will do nothing to help you or your mental health. Listen to your gut. If something feels off, keep shopping for an attorney until you are sure you can be completely comfortable with him or her.

If nothing else, these tips should give you a starting point to begin looking for a lawyer to professionally and effectively represent you. If you have had an unfortunate run in with the police, take the first step and call a criminal defense attorney as soon as possible.

Lawyer's Guide to Bank & Mortgage Fraud For the White Collar Criminal Defense Attorney

White collar crimes are serious offenses in South Carolina (SC) and throughout the United States (US). A white collar bank fraud or mortgage fraud criminal conviction can have life altering consequences for those defendants convicted of the same. If a client is under investigation for, or has been indicted or otherwise charged with, the white collar crime of bank fraud or mortgage fraud, a practitioner should be familiar with the basics of bank fraud and mortgage fraud jurisprudence.

The Federal Bank Fraud Statute, 18 U.S.C. 1344, generally provides that whoever knowingly executes, or attempts to execute, a scheme or artifice to defraud a financial institution or to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

While the two subsections of 18 U.S.C. 1344 proscribe slightly different conduct, a person may commit bank fraud by violating either subsection. Courts have ruled that the two subsections of 18 U.S.C. 1344 are in the disjunctive, so that an individual may commit bank fraud under the first provision by defrauding a financial institution without making the false or fraudulent representations required by the second provision.

The criminal law elements of a violation of Section One of the Federal Bank Fraud Statute which must be contained in an indictment and must be proved by the government beyond a reasonable doubt are as follows:

(1) The defendant knowingly executed or attempted to execute a scheme or artifice to defraud;
(2) The defendant did defraud or attempt to defraud the financial institution;
(3) The defendant used a material misrepresentation or concealment of a material fact as part of the scheme or attempted scheme;
(4) The financial institution was insured or chartered by the federal government.

Federal courts have reversed bank fraud convictions for failure of the indictment to allege the element of a material misrepresentation of fact.

The criminal law elements of a bank fraud violation of Section Two of Federal Bank Fraud Statute which must be contained in an indictment and must be proved by the government beyond a reasonable doubt are as follows:

(1) The defendant knowingly executed or attempted to execute a scheme or artifice to obtain the money (or other property) owned by, or under the custody or control of, a financial institution;
(2) The defendant used materially false or fraudulent pretenses, representations, or promises in the execution or attempted execution of the scheme;
(3) The financial institution was insured or chartered by the federal government.

The Supreme Court has defined a matter as "material" if a reasonable man would attach importance to its existence or nonexistence in determining his choice of action in the transaction in question. The Second Circuit Court of Appeals has defined a material misrepresentation as one capable of influencing a bank's actions. While the issue of materiality used to be considered a legal question, federal courts have now ruled that materiality is a question which must be submitted to the jury and not decided by the judge.

With regard to the Federal Bank Fraud Statute, a "financial institution" includes an FDIC insured depository bank institution, a federally insured credit union, a federal home loan bank or a member, a Farm Credit Bank, a small business investment company, and a Federal Reserve bank.

The government is not required to prove an actual loss to the financial institution so long as there is evidence that the defendant intended to expose the institution to such a loss.

The term "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services, and the phrase has been broadly construed by the courts. It generally requires that the defendant act with the specific intent to deceive or cheat a bank for the purpose of getting financial gain for one's self or causing financial loss to the bank. The term 'scheme to defraud,' however, is not capable of precise definition. Fraud instead is measured in a particular case by determining whether the scheme demonstrated a departure from fundamental honesty, moral uprightness, or fair play and candid dealings in the general life of the community."). Depending on how a bank fraud is charged in an indictment, a scheme involving checks may or may not constitute a bank fraud. United States v. Brandon, 298 F.3d 307 (4th Cir. 2002) (stolen and forged checks constituted bank fraud); United States v. Celesia, 945 F.2d 756 (4th Cir. 1991) (check kiting scheme constituted bank fraud); United States v. Orr, 932 F.2d 330 (4th. Cir. 1991) (check cashed on insufficient funds account did not constitute bank fraud).

An attempt or conspiracy to commit bank fraud is subject to the same criminal penalties as the substantive bank fraud. 18 U.S.C. 1349 provides as follows: Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

The statute of limitations for a federal bank fraud case is 10 years.

There are a number of other federal statutes prohibiting fraud against banks or other similar financial institutions, including, but not necessarily limited to, the following: 18 U.S.C. 1004 Certification of checks; 18 U.S.C. 1005 Bank entries, reports and transactions; 18 U.S.C. 1006 Federal credit institution entries, reports and transactions; 18 U.S.C. 1007 Federal Deposit Insurance Corporation transactions; 18 U.S.C. 1013 Farm loan bonds and credit bank debentures; 18 U.S.C. 1014 Loan and credit applications, renewals, discounts and crop insurance; 18 U.S.C. 1029 Fraud and related activity in connection with access devices; and, 18 U.S.C. 1032 Concealment of assets from conservator, receiver, or liquidating agent of financial institution.

Sentencing regarding federal bank fraud violations is generally governed by the statutory factors set forth in 18 U.S.C. 3553(a), and Section 2B1.1 of the United States Sentencing Guidelines, which are now considered advisory and not mandatory. The statutory factors a federal court must consider in imposing a sentence are the nature and circumstances of the offense and the history and characteristics of the defendant, the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense, the need to afford adequate deterrence to criminal conduct, the need to protect the public from further crimes of the defendant, the need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner, the kinds of sentences available, the sentence recommended by the Sentencing Guidelines and any applicable guidelines or policy statement therein, the need to avoid sentence disparities, and the need for restitution. Generally, Section 2B1.1 of the Sentencing Guidelines, bank fraud sentences are tied to the amount of money lost, or the intended loss, pursuant to the bank fraud scheme. Usually, the more money which is lost in a bank fraud scheme, the longer the sentence of imprisonment.

There is a South Carolina bank fraud statute which parallels the federal statute. South Carolina prohibits bank fraud, which is a Class E felony with a penalty of up to ten years imprisonment and/or up to a $10,000 fine. S.C. Code Section 34-3-110 provides as follows: (A) A person knowingly may not execute, or attempt to execute, a scheme or artifice to: (1) defraud a federally chartered or insured financial institution; or (2) obtain monies, funds, credits, assets, securities, or other property owned by or under the custody or control of a federally chartered or insured financial institution by means of false or fraudulent pretenses, representations, or promises. (B) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than five years, or both.

The criminal law elements of a bank fraud in violation of South Carolina Code Section 34-3-110 which must be contained in an indictment and must be proved by the government beyond a reasonable doubt are as follows: The defendant knowingly executes or attempt to execute a scheme or artifice to defraud; or to obtain by false or fraudulent pretenses or promises assets or other property owned by or under the control of a federally chartered or insured financial institution.

A white collar criminal defense attorney must have an understanding of the basics of the federal and South Carolina bank fraud statutes and case law precedents in order to adequately represent clients who have been charged with bank fraud violations.

© 2010 Joseph P. Griffith, Jr.

The Vital Aspects of Hiring a Criminal Defense Attorney

When you are arrested under a criminal charge, you have the right to meet speak with an attorney who can counsel you on the situation before any interrogations or questioning takes place. You should never give up this important right because anything you say to the police can be used by the prosecution in court. The law or right to counsel was created to make sure that every citizen is protected from unfair coercion by police and investigators.

In recent years, criminal court proceedings have become far more complex than they once were. Now more than ever, many types of cases could not conceivably be fought without the assistance of an attorney. It is very easy for an untrained person to be fooled into thinking that certain cases may be easy to defend, but most people will find they have very little understanding of the complex procedures and laws.

Only an attorney who is well-trained in the art of legal communication can manage the schedule of all of the trial dates, hearings, and other important events. Trying to juggle these complicated issues while also taking care of your family and having a full-time job would be a daunting and often impossible task. Having a lawyer on your side to take care of all these court dates and legal obligations will allow you to continue your normal life while only needing to be involved in the important and relevant aspects of your trial process.

Attorneys are very important to have because only a trained legal professional will know how to navigate the sensitive issues of what to say, what details to leave out, and how to conduct their explanations properly. In court, every word counts, and every word must be carefully thought out. A careless or spontaneous remark made by an untrained person could have devastating consequences for a case. Many people unknowingly provide incriminating information to the prosecution while not realizing they had no legal obligation to give that information. Lawyers know how to speak when they are in court. They can coach you on how to conduct yourself and on what information you can give without harming your case unnecessarily.

Perhaps the most valuable part of having an experienced criminal defense attorney is that they know what to expect from others in the courtroom. They know how the prosecutors will interrogate you and can tell you how to conduct yourself and how to answer the questions you are asked. They can tell you how to speak to the judge and to the jury, and this will make all the difference in determining the outcome of your case. It is for these reasons that having a criminal defense attorney is absolutely vital.

3 Tips on Locating a Reputable Attorney

It never ceases to amaze me how many criminal cases in Denver go to a plea bargain without an attorney. In the end usually I hear from a defendant just how unhappy they are with the process and the disposition of the case. Of course hiring an attorney was not an option because of the cost associated with hiring an attorney or lawyer, and usually I hear about their previous experience which wasn't a positive one. I think we have all hired an attorney or legal professional that just didn't seem to give the services they charged for, and that is exactly why I am writing this post.

Solid legal counsel is going to cost money; there is no way around that. Having excellent representation is worth more than handling negotiations with a District Attorney yourself; I have seen this first hand, over and over again. So with that being said, how do you locate that Denver attorney or Denver lawyer that is going to both fit your budget and give you the representation that you deserve?   First, start off with the consultation. It seems to me that most people will attend one consultation and then either hire that lawyer or not hire a lawyer at all.

What I have found is that attending three or maybe even four consultations is the best way to make a decision as to whether or not you will need an attorney. I have never recommended that someone not hire an attorney, but there are those rare cases where just handling the case yourself probably makes better sense. For example a simple traffic violation versus a criminal charge like domestic violence, in the case of the traffic violation, this might be a case where I would negotiate with the Denver District Attorney myself.

I know you are saying, "All this goes without saying, doesn't it?" Yes it does, but I want to make certain that I am clear. For serious charges, it is rare that a defendant does not benefit from consulting with a Denver Criminal Defense Attorney. Your Denver Criminal Defense Lawyer should be able to identify important pretrial issues and explain it to you in a way that you are never out of the loop. If you feel that your attorney is proceeding without explaining the entire process to you, then it is probably time for you to find a different attorney or stop the process and make certain you are completely informed.

This is why the consultation process was so important to begin with. It is never okay for you to just go with an attorney because you feel like they know what they are doing; make absolute certain that you know their experience is going to be a benefit to you. Seems to make sense while you read this, but how many times have you allowed an attorney in Denver to file a motion on your behalf without reading the motion? When you read the motion did you understand it?

If you did not understand the motion, did you tell the attorney to go ahead with the motion? Make sure you ask the simple questions and understand the ramifications of your case entirely, this will prevent future disappointment. It seems that whenever I hear a defendant complaining about their attorney or lawyer, they explain that the attorney never explained the sentence to them all the way or, "I never agreed to serve four years probation but that is what I received." Had they taken the time to understand their case and just throw it in the hands of their attorney they probably would have known about their sentence and they would not be surprised with the outcome.  

Be wary of entering into a retainer agreement which calls for additional payments if the case will go to trial, make certain that you nail the fees down in the beginning. I have had many experiences where attorneys have gone crazy with the retainer and it was spent in a matter of weeks. I am not suggesting that you constantly negotiate with your attorney about their fees; a good attorney is going to be expensive. I am suggesting that you not pay more than you have to. Find out what the retainer is going to cover and if that retainer is expected to take your case through trial.

It is not unusual for appellate lawyers to hear clients recite that they entered into guilty pleas after they were unable to come up with necessary funds to pay their lawyers to proceed with a trial. It is your responsibility to find out how much your case is going to cost. I can already hear your attorney giving you the most common, "Well, it really depends on whether or not we go to trial, if we go to trial would there be an appeal?" When I can't seem to get a straight answer from the attorney I move on to the next, it is not unreasonable to hear an estimate of what it will cost.

Of course a good attorney will inform you that they are uncertain because they do not want to be held accountable should your case cost more than originally anticipated which is completely reasonable. All we are looking for here is an estimate so that we can be prepared to go to trial if we need to.   In my experience, finding a good criminal defense lawyer in Denver can be difficult, here are some suggestions of resources I have found useful:  

1.)           Referrals - If you were arrested and incarcerated, then obviously what better crowd to ask for referrals. It seems inmates always know which criminal defense attorneys are worthwhile and which are not. This is not the absolute best source for referrals, but I do find more value here than asking an attorney for a referral. I don't want to be referred to an attorney just because they played golf with the attorney I asked for the referral from. However, if you do already work with an attorney or lawyer in Denver  that you trust, than this would absolutely be an excellent place to start for a solid referral.  

2.)           Courtroom Observation - Before you discount this one, stop and think. Doesn't it make sense that you would watch an attorney in the courtroom and see how they handle themselves? I have found an excellent attorney by just going to court and watching several cases.  

3.)           Directories - There are several competent law directories with excellent attorneys for all different sectors of law practice. If you are going to utilize a directory to locate your attorney then it is imperative that you interview a couple of different attorneys so that you are making an informed decision. Seems to make sense right? Again, I have heard over and over again, "We went with the first attorney we met with, he/she seemed capable". Don't get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision don't get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision.

No matter what happens you will need to deal with the consequences of the case. This is not the end all guide to hiring your Denver attorney, but a summary of some important things to consider when hiring an attorney. No matter what it is important to try and be as objective as you can and not get swallowed up with the emotions that are usually tied to a criminal case. Good advice, but usually difficult to follow. This article should not be considered legal advice and is simply a resource for those navigating their way through the many Denver Attorneys that are available.  

Criminal Attorney Guide

Las Vegas is known as America's playground. Millions of Americans come to Las Vegas every year to enjoy the casinos, the nightlife and all the glamor and excitement this vibrant city has to offer. Sometimes, however, things go wrong. If you or someone you know has been arrested or faces arrest in LV, Nevada, you need to get a good Las Vegas Criminal Attorney fast.

If it is your first time having to face the law on criminal charges, you will not know what to do. Innocent or guilty, you have the constitutional right to the attorney of your choice. Because of the vital importance of your situation, it is equally importance to obtain the services of an experienced, local attorney.

Any lawyer will tell you that local knowledge and connections are important. Your criminal defense attorney must be able to act fast on your behalf. For this reason, you are better off contacting a Las Vegas, Nevada Criminal Attorney first. If you have legal counsel elsewhere, they can be contacted later, if necessary.

Whatever the severity of the charges, although you are legally entitled to defend yourself or have a court appointed attorney act on your behalf, either of these options can have devastating results. Get a qualified, local attorney to help you and you stand the best chance of getting a favorable result.

A good criminal lawyer will have experience with a large spectrum of criminal charges. In Las Vegas, they often represent a unique type of client - the client who has been charged with attempting to defraud a casino. The casinos take these charges very seriously and will attempt to have even minor cases of fraud prosecuted to the full extent of the law.

Las Vegas is also a place of heightened emotions, both good and bad. If you or someone you know has been arrested for assault or assault and battery, you will need the services of a LV criminal attorney. The first thing he will do for you is post your bail. After that, he will be at your side every step of the way, to ensure that you get the best defense available.

In the State of Nevada, even a first offense can incur a stiff penalty. Your first offense could earn you up to six months in Clark County Detention Center if you are convicted. You will also face fines and court costs and be obligated to perform up to 120 hours of community service. Your defence lawyer will do everything in his power to have your case dismissed. If that is not possible, he will argue for the lowest term of incarceration he can possibly get for you.

A competent Las Vegas Criminal Attorney will have experience in criminal law ranging from traffic violations to the most serious accusations of violence. He made a pledge from the time he got his license to practice law to defend his clients to the full extent of the law. Your best defense is his only concern. If you or someone you know has gotten into trouble with the law in Las Vegas, the first thing you should do is contact a criminal attorney. Remember, it is your right as a citizen. Exercise that right and know that your case is in good hands.

How to Find a Federal Criminal Defense Attorney

The Florida Association of Criminal Defense Lawyers (FACDL) is a membership organization that aims to be the unified voice of Florida criminal defense attorneys. It promotes excellence in the practice of criminal law and works to improve the state's criminal justice system.

In addition to FACDL statewide, the organization maintains affiliate chapters in every county. The affiliates post news and events on the FACDL webpage. FACDL-Miami, for example, is one of the oldest and largest voluntary bar associations in South Florida. The organization sponsors seminars for Miami state and federal criminal defense attorneys. The chapter recently hosted a domestic violence roundtable for Miami lawyers and Ft. Lauderdale lawyers.

FACDL serves its 2000-plus members by providing seminars that help keep criminal lawyers up-to-date on important cases and address relevant topics. FACDL seminars qualify for the CLE credits required by the Florida Bar. Four to six seminars are held each year. Topics include:

* Death is Different (addresses the death penalty);
* Criminal Law Certification Review (review course for attorneys who are taking the exam or who need certification credits);
* Annual Meeting Seminar (includes many topics);
* Showcase on Sentencing (covers federal and state sentencing); and
* Breath & Tears (covers DUI).

FACDL's quarterly magazine, The Florida Defender, publishes articles by acclaimed voices from around the country. The magazine, which is available only to members, covers the latest developments that impact criminal defense attorneys. Articles are posted on the Members Only section of the website (www.facdl.org).

FACDL is also an opportunity to connect with lawyers from south of Miami up to Tallahassee to share expertise and network. FACDL committees provide additional opportunities to meet other attorneys in the field. Committees address many important issues, including the death penalty, legislative affairs, and pro bono work. A committee for young lawyers helps bring newcomers into the fold.

The new FACDL Mentor Program is another avenue for helping young lawyers with advice and assistance from seasoned attorneys. Young lawyers can seek general help or help from attorneys with expertise in specific areas such as capital offenses, criminal appeals, DUI, ethics, immigration, juvenile justice, mental health, post conviction, federal criminal defense, criminal trial, stop/search/seizure issues, and white-collar defense. Mentors can also provide new lawyers with information on starting and managing a law office.

Another service of FACDL is an online directory of Florida attorneys that can be searched either alphabetically or by city. Whether a member is looking for a Miami federal criminal defense attorney or a Ft. Lauderdale lawyer, it's easy to find on the directory. FACDL also maintains an expert witness list and a speaker's bureau, to which members can be added.

FACDL maintains two listserves: DefenderNet covers general topics and DefenderNet Federal covers federal topics. The listserves are powerful networking tools, allowing members to easily exchange information with colleagues around the state.

FACDL is a statewide organization of Florida criminal defense attorneys for Florida criminal defense attorneys. It stands for excellence and integrity in the criminal defense profession.

Our Criminal Courts - The Role of Defense Counsel

Imagine yourself as a young adult, pulled from friends and family and called upon to defend your country in a foreign land. One day, while on guard duty with your platoon, you're suddenly surrounded by a group of hostile, threatening people--a jeering, taunting mob, probably armed, and stirred to anger by faceless voices in the darkness calling on them to fire. A shot rings out--your platoon returns fire--and the next day, you're hauled into court and charged with murder. Your case is set for trial, and the only jury around is made up of the very same mob that was threatening you the night before.

The Critical Role of Defense Counsel

Defense lawyers are called upon by our system of justice for a variety of tasks. They explain to their clients what is happening, and make sure that each defendant knows his rights, and is fully aware of what is happening. As defense counsel, the lawyer is charged with protecting those rights, and ensuring that the client receives the protections afforded to every citizen by our laws. The lawyer will take over dealing with the prosecution, call and examine any witnesses in court, and do everything the law allows to keep his client from harm--or, at the least, to minimize the damage. This means challenging the prosecution's case, its conduct, and on occasion, the very laws that govern the case.

We often take these protections for granted, or scoff at them as mere "technicalities" that do little but allow criminals to escape justice. It is easy, and often tempting, to dismiss defense lawyers (and, for that matter, all lawyers) as professional hacks, whose only function is to confuse juries and confound courts. And sometimes, when defending people who are clearly guilty, it may seem that defense lawyers are a needless extravagance, who only get in the way of protecting people from the worst elements of society. But just as crimes come in a variety of shapes and sizes, criminals are often indistinguishable from the ordinary citizen, a fact that some of us only come to realize when we find ourselves seated at the defendant's table, with fingers pointing at us. It is then that we realize just how critical a vigorous and independent defense bar is to a free society--allowing ordinary citizens to challenge the actions of their own government. Viewed in this light, the bedrock of American liberty is our right to use the rules we have all agreed to live by to defend ourselves in a public setting, where the actions of the same government that seeks to condemn us must prove that we have broken the law.

Defense lawyers don't exist just to make everyone else's life difficult. And their job is a critical, if often misunderstood safeguard against tyranny. Just imagine what would happen if the government could decide whom to jail--without the messiness of subjecting their actions to the test of law. The freedom of all of us would be in the hands of government bureaucrats--people, like all others, who have their likes, dislikes, biases, and petty grievances.

A Safeguard of Liberty

In large measure, the law exists to protect us from bullies. But without the means of challenging the actions of our own government, there would be little protection for the common citizen against a bully who happened to wear a policeman's badge, or a prosecutor's suit, or who happened to enjoy the friendship of someone for whom justice means doing right by his friends. And if you should ever find yourself on the wrong end of action taken by the government, you will find that the ability to resort to the law to defend yourself will be critical. Among the first casualties of Nazi Germany and Stalinist Russia was the independence of the courts and the legal profession. Once those bulwarks against tyranny fell, there was nothing to protect common people against the unbridled assertion of governmental power--no matter how misguided, petty, or malevolent it might prove to be. But it is the rare government that will attack its own citizens directly: instead, the attacks come against marginal groups, ones that nobody would rise to defend, and who seem to everyone to be a threat to the security of the state. Unfortunately, those threats never seemed to end; and so the knocks on doors of enemies of the state continued, as the government kept finding new enemies to fight, and new threats to fear.

The example cited at the beginning is from one of the most famous confrontations in American History--told from the side of the defendant, rather than the victim. It was the Boston Massacre, which arose at a time of growing tensions between the Colonies and Great Britain. The encounter between soldiers and the angry mob led to shots--nobody knows for sure who fired the first one, although some testimony indicated that it was a terrified British soldier--and in a country without a strong defense bar, the young soldiers would likely have been swiftly taken out and hung, if not by the Law, then by the mob itself.

Thanks to a courageous Boston attorney, the defendants received a fair trial and most were acquitted on grounds of self-defense, the sentiments of the mob notwithstanding. A couple were convicted of the lesser charge of manslaughter and released--the proper verdict when emotions and provocations don't quite excuse a homicide, but make it less an outrage and more a fallible human reaction to extreme stress.

The defense lawyer was a prominent member of the state bar, who later served his country in a variety of ways--statesman, ambassador, signer of the Declaration of Independence, and the second president of the new United States.

It was John Adams...patriot and rebel, for the defense.

Why Calling a Lawyer Should Be the First Thing You Do If You Get Arrested

When a person is arrested, regardless of the type of crime they're charged with, calling a criminal defense attorney should be the first thing they do, for several reasons. Too often people accused think that it's best to wait to see what the charges will be before contacting an attorney. However, there are several reasons this can be a big mistake.

First of all, a criminal defense attorney can be instrumental in ensuring that you don't say something while in custody that could ultimately hurt your case. The police will try to question you about the situation. In many cases, they'll start out being friendly and casual. However, make no mistake, they are paying close attention to your answers and are looking for holes in your story. Even the most innocent of statements can be twisted in court and can ultimately hurt your case.

It's also important to have an attorney as soon as possible so that they're able to assist you at the arraignment. Without a criminal attorney present, you're less likely to get bond, or you can end up paying much more than necessary. In many cases the right attorney can get their clients released on a simple promise to appear in court. No matter what the particulars are, having an attorney there can only help your chances.

In order for your criminal defense attorney to provide the best representation in court, they'll need to investigate your case. This will include speaking to witnesses, getting information from the arresting officers and other ways of getting the whole story together. Depending on the type of case you're up against, it might be essential that your attorney is able to handle these preliminary investigations within days of your arrest. You don't want to lose important evidence simply as a result of not having called a lawyer soon enough.

Finally, keep in mind that having a lawyer your side can make the situation much less confusing and frightening. No one wants to be arrested, and most people don't fully understand the process of dealing with an arrest and arraignment. When you have qualified counsel on your side, you'll be kept in the loop as to what's going on at all times, will understand the options available to you and will know what you can expect.

Once you decide to call a criminal lawyer, be sure that you're choosing someone who has the appropriate background. They should have not only handled cases that are similar to yours, they should have done so with good results. Choose an attorney who is compassionate and non-judgmental. Remember, you're the one paying your attorney and you are their customer. Don't choose someone who will intimidate you or otherwise make the experience worse.

While being arrested can be a terrifying situation, hiring the right lawyer can give you the peace of mind that your case is being handled effectively. Having an attorney on your side from the beginning means you won't accidentally incriminate yourself, you'll get the best possible results at arraignment and any investigation that needs to be done will be handled swiftly.

DUI Attorneys - Criminal Defense For Driving Under the Influence

If you've been pulled over by the police for a DUI, you have a hard road ahead of you. Driving under the influence, or DUI, demands immediate action on your part to ensure that your license will not be suspended or revoked and you don't end up spending a lot of time in jail.

Why hire a DUI criminal defense attorney? In a number of states, including Arizona, a DUI charge generates two individual cases. The primary case is filed with the Department of Motor Vehicles, while the other case filed in criminal court. Since criminal defense lawyers have sparred in court with the same prosecutors on many occasions, they are familiar with the strategy the opposing lawyers will be using and know how to defend you.

When a DUI lawyer takes on your case, you'll be asked exactly what occurred from the moment you were pulled over. After you give your account of what happened, they'll explain what's going to happen, including what will take place if the case goes to trial. Your attorney will review the police report, interview witnesses and examine the evidence. Given that it is tough to manage and review the whole thing on their own, they often have their office paralegals assist them.

You will have to go to criminal court within ten days from the date of the arrest. You will be requested to enter a plea of 'guilty' or 'not guilty'. Odds are, your criminal defense attorney will tell you to plead 'not guilty' to the charges. This will give him time to review the details of your case so your defense can be established.

You attorney has tactics that he'll use to help you get out of a DUI. He may, for example, argue lack of probable cause for the initial stop. If this strategy works, your attorney will then submit a petition to suppress any evidence that the police officer obtained when you were pulled over.

Your lawyer may also dispute the BAC results and claim they are unreliable. BAC stands for the Blood Alcohol Content test that is used by police to see if an individual's blood alcohol level has reached or passed the maximum limit. The results could be considered faulty if your attorney can prove that the equipment has not been appropriately maintained or the test wasn't correctly administered. If you have a health condition that could affect the reliability of the BAC test, your lawyer will pursue that avenue.

Your attorney will also question the police officers and attempt to prove there are inconsistencies in their testimony compared with the police report they filed. If he can cast doubt on the credibility of the arresting officers, you could get a 'not guilty' decision.

If the arresting officers processed you properly, and things are not working in your favor, then your DUI lawyer may recommend that you accept a plea agreement. However, if you don't want to negotiate, you can choose to go to court. If you're defeated in court, you can attempt to appeal the verdict.

Keep in mind that if you're convicted of a DUI, you can expect huge fines and jail time. All of that is in addition to a huge increase in your car insurance rates, limitations on future employment opportunities, and a permanent felony record. So using the services of a criminal defense attorney is really the only logical approach to defending yourself if you get arrested for driving under the influence of alcohol.

Criminal Law Attorney - Different Types Of Criminal Attorneys

A criminal law attorney is classified on the basis of the responsibilities undertaken and sections of criminal law. The attorneys are classified as per the branches of this laws. The branches of law altogether seek ways of how to define a crime. The objectives of all the branches of law when combined include three main duties. One is to define what the crime is. The second is to identify the victim involved in the case. The third and the last one is to find out the actual executor of the committed crime. To perform all three duties, it is divided into two sections. Each of these sections of law triggers specific illegal actions. Therefore, the classes of criminal attorney are classified according to the criminal laws to take over particular procedures.

Different Sections Of Criminal Law

It is classified into two sections that follow different procedures and involve specialized criminal attorneys.

1. The first type of criminal law involves criminal procedures. This section implies the undertaking of trials in the court. A criminal trial attorney takes care of how to conduct trial periods in the courts. This procedure further defines ways in which the claims can be investigated. It also dictates procedures of collecting facts and evidences. Usually, the attorney who takes over the job of gathering evidences is a defense attorney.

2. The second is substantive criminal law. The substantive law primarily emphasizes upon the crime and appropriate punishment. A criminal defense attorney is involved in the substantive section and represents the people accused of any crime. After being hired by their clients, they begin their job. If the accused individual is not financially capable enough to afford a defense attorney, the court appoints an attorney to represent them. After being appointed, they proceed with meeting their clients first to gather details about the event from the clients' perspective. Until and unless their clients admit guilt, they do not hand their clients over and continue aiding their clients with the legal support to achieve courtroom success in the end.

Benefits Of Online Attorney Firms

Recently, these firms are following the trend of expanding their services on the internet to be easily accessible. There websites have benefited hapless people accused with the crime by helping them find out different types of attorneys at their fingertips, and that too within their range of affordability.

Criminal Law Attorneys and the Process For Criminal Cases

A commission or omission of an act in violation of a law which forbids or commands it, is considered a crime. If there is a complaint lodged against you regarding an act which was committed or omitted, you may be arrested and prosecuted under the Criminal Law system of a particular State. If you have been charged and arrested under such circumstances, always remember that you must hire the services of a good Criminal Law attorney to help you defend yourself.

Your defense attorney will make sure that all the procedures and processes leading to your arrest were followed. This is because any deviation from the required process will work in your defense and an experienced defense attorney will examine everything to make sure your rights were not violated when you were arrested.

In Arizona criminal justice, for instance, several stages are involved, including the proceedings, beginning with the commission of the crime up to the probation process. The criminal justice begins to roll when the crime is reported to the local authorities who then begin to investigate and collect the evidence. Once there is enough evidence, they will make the necessary arrest. The arrested person is then brought to the police station, fingerprinted, photographed and temporarily detained. There are cases where the arrested individual is immediately released after data was gathered and there are also cases where the person arrested is required to post a bond to ensure their appearance in court. During this time, the presence of a defense attorney will certainly be very helpful for the arrested person.

Within twenty four hours of the arrest, the person charged with an offense is required to make an appearance before the court where the judge will establish if the evidence is sufficient to support the reasonability of the charges. Since the court appearance would already involve some legal knowledge, the defense attorney will be the one who will answer for the accused. At this point, if the accused was unable to get the services of an attorney, the judge will appoint a defense attorney to defend him in court. It is, however, a sound decision if you will instead choose and hire services of an attorney who will defend you.

In certain circumstances, the Office of the State Attorney, after it has reviewed the local authorities' arrest procedure, may file formal charges against the person who was arrested. He will then be scheduled for arraignment proceedings and once again, the presence of a defense lawyer to represent him will be required. It will be during this time that the defense lawyer, upon conferring with his client, will enter a plea of not guilty or guilty.

Once a plea is entered, another process will take place and this time, if the plea entered is not guilty, may involve trial preparations where the defense attorney will begin to interview witnesses and would also have the chance to be apprised of the evidence against the accused. The criminal justice process ends when during the trial, the criminal defense attorney proved that the accused is not guilty and the court agreed with him. If found guilty, however, the judge will review the sentence guidelines or plea agreements, then determines what type of sentence he will impose on the accused. If there is a chance to appeal the decision, the defense lawyer will begin another tedious preparation to file the appeal to a higher court.

DUI Defense Criminal Attorney

If you've been arrested for driving under the influence, you need a DUI defense criminal attorney to defend yourself against the charges. You can attempt to represent yourself or work with an attorney who does not specialize in DUI defense, but that is a recipe for disaster. Qualified DUI defense attorneys specialize in handling only DUI cases so they stay involved in the field of DUI law. Other attorneys may only defend DUI cases occasionally and miss out on important information that could be instrumental to your case. Working with a DUI defense criminal attorney is the best way to start your case off on the right foot and your best chance of winning your case in court. If you want to present a solid defense, hiring a DUI defense criminal attorney is the best way to go.

Consulting with a DUI Defense Criminal Attorney

When you consult with your DUI defense criminal attorney, it should be immediately after your arrest while everything is still fresh in your mind. You will need to tell your attorney your side of the story so you can work together to plan your defense. Your attorney will work with you to get this ready for any pre-trial hearings or conferences that occur prior to your actual trial date. If you don't work with a DUI defense criminal attorney right from the beginning, you'll lose out on the opportunity to consult with a legal professional when all of the facts from the day of your arrest are still clear. Over time, you may forget important details so it is extremely important that you make the phone call to a DUI defense criminal attorney as soon as possible.

Preparing Your Case with a DUI Defense Criminal Attorney

While you are waiting for your trial, your DUI defense criminal attorney will be gathering information that can be used during the trial proceedings. Your attorney may get your blood samples and have them sent to another lab for independent testing. This can help determine if testing errors occurred or if the testing was valid in the first place. Expert witnesses may also be contacted to appear during your trial. These witnesses can be used to back up or refute testimony depending on the source. Expert witnesses are often used to refute chemical testing results and show why the results were invalid or inaccurate. Your attorney will also help you to prepare yourself for your upcoming trial. If it's the first time you've ever faced criminal charges, you won't know what to expect, so your DUI defense criminal attorney will outline the process and answer any questions you may have about the upcoming trial.

The DUI Defense Criminal Attorney at DMV Hearings

In most states, your driving privileges will be suspended immediately upon being arrested for driving under the influence. Some states give you the opportunity to appeal the suspension by submitting a written appeal within a very specific time period. Once your appeal is received, you may be assigned a hearing on the matter. Having a DUI defense criminal attorney speak on your behalf at the hearing can help you to get your driving privileges back. Since having no driving privileges means you have no way to get to work or school, this is very important for being able to continue with your normal activities. If you're not represented by a qualified DUI defense criminal attorney, you risk losing your freedom and the opportunity to live a normal life.

The DUI Defense Criminal Attorney in Criminal Sentencing Proceedings

If for some reason you end up being convicted of a driving under the influence offense, you will need a DUI defense criminal attorney to speak on your behalf prior to sentencing. If you don't make a plea on your behalf, the courts may not consider all of the circumstances at hand. Your attorney can let the court know of leniency in sentencing should be shown because you are disabled, have a serious illness, need to work to support your family, or need to care for children or elderly relatives. This opportunity to have an attorney speak on your behalf is very important, so you should be sure that you have a DUI defense criminal attorney on your side during your trial.

Successfully defending yourself against a charge of driving under the influence may be one of the most important things you ever do. Give yourself the best chance of winning by hiring a qualified DUI defense criminal attorney to represent you during your administrative and criminal proceedings.

Do I Need to Hire a Criminal Defense Attorney?

You have just been arrested because a complaint was lodged against you and the court has ordered your arrest in order for you to answer the charges made against you. During your arrest, you were apprised of your rights including that of the right to get the services of an attorney. Even though such circumstance is quite traumatic for the person arrested, you must keep your cool and immediately get the services of a good criminal defense attorney.

You must remember that under the law, you are still presumed innocent until proven guilty beyond reasonable doubt in court. Notwithstanding the charges made or the evidence that support those charges, you are still given the chance to dispute all of it and prove your innocence. It is therefore a good idea to call a criminal lawyer to advise you, evaluate the evidence and to defend you in court when the time comes.

An experienced criminal defense attorney can immediately seek your audience even during your detention. The law may vary from State to State but as a general rule, it guarantees your freedom to confer with an attorney, no matter what the charge is. Your lawyer's presence is also required during the interview process after your arrest. The law requires this because you might say something which might be used against you by the prosecution. Your lawyer can advise you whether or not to answer the questions being asked by the investigators. He can also apprise you of the consequence in case you choose to answer the questions posed by the persons doing the interview or interrogation.

If the court will allow you to do so, an experienced criminal defense attorney would see to it that you will gain temporary liberty by posting the necessary bail. He will also confer with you extensively to prepare for your defense. Since all circumstances are important for your attorney, you must try to narrate everything, including the events that happened when you were arrested, because he will be the one who will evaluate everything to make sure that you will be proved innocent.

Your defense attorney will also make sure that you will be furnished a copy of the complaint and all the evidence that support the charges made. He will also collate the evidence which will dispute the charges made against you and will even go to the extent of getting investigators to check on the plausibility of the evidence which support the complaint.

He can also advise you on which course of action to take upon evaluating the charges and evidence. In a worst case situation, he can negotiate with the prosecution for the charges against you to be reduced. Before he does this, however, he will consult you on the matter because you must first give your consent to whatever course of action he will take.

Top Reasons to Use a Power of Attorney Template

As parents it is our job to make sure that our children are properly taken care of at all times. When we are with them this is generally an issue. When both parents in the family work, the children often end up in the care of others such as a day care center or another family member. As long as they remain healthy this arrangement seems to work fairly well. However in the event of a medical emergency, complications can arise if you do not have a power of attorney in place to allow the caregiver to give permission to seek medical care. You can use a simple power of attorney template to create your own document that will be accepted by any hospital or doctor's office.

A power of attorney is required in cases like this because in the eyes of the law children are not old enough to make these types of decisions and to make sure that the child's parents have consented to the caregiver making these types of decisions. While a medical facility will give your child the necessary emergent care need if the situation is life threatening or the injury can result in further irrevocable damage, they will not go any further unless a parent is present or the person who has brought them in to seek medical care has the written permission of at least one if not both parents.,

At the other end of the spectrum many elderly people will fill out a power of attorney appointing one of their children or someone they can trust to make certain decisions on their behalf. Many older patients who are suffering the first stages of Alzheimer's disease will fill one out as soon as they recognize the symptoms or are diagnosed so that their appointed guardian will be in place as the disease progresses and they begin to become less able to make their own decisions regarding their care and properties.

There are many different reasons why a person or even a business may need a power of attorney, even real estate investors use them to give their realtor the power to buy and sell property on their behalf. If you need to create one of these very important legal documents you can download a power of attorney template from many different web sites on the Internet. As with any legal document you need to make sure that they one you choose will meet with any local and state laws that apply and that both consenting parties involved sign the document to make it legally binding.

Drug Crime Offenses and Charges

If you've been charged with drug crimes, or have come under investigation for them, hiring a criminal lawyer should be the first thing you do. Many people discount how important it is to have effective legal representation - often at the expense of their freedom. With the money and resources that are available to the prosecution, it's essential that you have the right person on your side.

There are situations where your best option is taking a plea bargain, and there are times when it's best to take your case to trial. Be aware that public defenders or less experienced attorneys are more likely to want to get your case taken care of as quickly as possible and are likely to push you into taking a plea bargain. A devoted and experienced attorney, on the other hand, will be in a better position to weigh the pros and cons of your options and help you make the right choice.

It's also important to realize that drug charges can be confusing. Often when a person is charged with drug related offenses, there will be many different charges against them. Understanding the difference between possession, possession with intent and drug trafficking shouldn't be up to you. Choose a criminal lawyer who understands the nuances involved in the various charges and who can help to reduce them, have them dismissed or win a case in front of a jury.

In some cases, a judge will be willing to consider alternatives to prosecution and imprisonment, such as a drug rehabilitation program. You might be eligible for a program that can keep you out of jail and keep a conviction off your record. When you choose a lawyer who's skilled at drug criminal defense, they'll know every option that's available and can help you to find a way to get out of a sticky situation.

Another thing to keep in mind is that being an effective criminal lawyer requires a deep understanding of human nature. Whether your attorney is trying to sway a judge, the jury or the prosecution, a skilled lawyer will know the best ways in which to present evidence and how to make a strong case for your criminal defense. They'll also know how to handle delicate situations that are sometimes uncomfortable for everyone involved.

Finally, it's important to realize that you need to have an attorney on your side with whom you feel comfortable discussing your case. Too often the accused will end up with an attorney who judges them, doesn't listen to the specifics of their case, or otherwise makes them feel less than confident in and comfortable with their criminal defense. It's essential that you're sharing all relevant information with your attorney, so be sure you choose someone you feel comfortable confiding in.

The bottom line when it comes to choosing an attorney is that you need to have experience on your side. Choose an attorney who's dealt with similar cases in the past, and has had positive results.