Oct 12, 2021 · The Sixth Amendment guarantees all defendants the right to the assistance of legal counsel in criminal cases. If a person cannot afford to hire an attorney, courts will appoint a lawyer at public expense, not only for felony cases but also for misdemeanors that can result in incarceration. Public Defenders vs. Court-Appointed Attorneys
May 28, 2020 · If you’re facing these charges as a result of another party alleging that you acted in a manner that went beyond the level of permission that had initially been granted, you need to hire the best defense lawyer to help you prove otherwise. 2. You’re Facing Drug Charges. Numerous illicit drugs are outlawed at both a state and federal level.
Criminal Defense Lawyers Represent Both the Guilty and the Innocent In the U.S. criminal justice system, a defendant is innocent until proven guilty. The prosecutor must prove a defendant's guilt. Defendants do not have to prove their innocence. Prosecutor's Job to Prove Legal Guilt
If you are in custody and police officers interrogate you without reading you your rights and if you answer their questions and your attorney can prove it, then your statements are likely to be suppressed. Rest assured, the experienced criminal defense attorneys at Kurtz & Blum, PLLC are keen to pounce on any violation of your rights. Just keep in mind that the sole fact you weren’t …
To cast doubt on the truthfulness and reliability of prosecution witnesses, a defense attorney can use any or all of these tactics:Demonstrate bias on the part of prosecution witnesses, who, therefore, may be lying.Expose police mistakes in gathering, maintaining, and testing physical evidence.More items...
A criminal defence attorney is responsible for putting together an effective defence and developing a winning strategy for their clients. As the accused's advocate and drafter, he must prepare, file, and argue on their behalf. Negotiating a plea bargain with the prosecution is part of a lawyer's job description.
Criminal Defence Services in Auckland I offer straight forward and honest legal advice, and will explain the Court process and various options available to you. Whether defending a charge at trial, or pleading guilty and looking for the best possible outcome at sentencing – I will ensure you receive justice.
One of California's top criminal trial lawyers, Aaron Spolin, puts it pretty simply when he explains how to win a criminal case: “You need a three-part approach: (1) file legal 'motions' to dismiss the case, (2) argue for the exclusion of evidence, and (3) explain clearly to the jury why the client is innocent.” This ...
The role of the defense lawyer is to provide the best public legal counsel and advocacy within the legal and ethical limits of the profession. the procedures followed by courts to ensure that a defendant's constitutional rights are not violated.
A defense attorney represents a defendant in court proceedings. They most often appear in criminal court when the defendant has been accused of committing a crime like a burglary or murder.
DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021
The prosecutor works to prove guilt beyond a reasonable doubt while the defense attorney attempts to create reasonable doubt so that their client is deemed innocent. If the jury says that an individual is guilty, the prosecutor and defense attorneys both help with sentencing.
Here is what it takes to win:Be relentless. A criminal trial is a crucible or defining moment that will forever change the accused's life. ... Be honest with your attorney. Criminal cases will often involve personal matters. ... Understand the gravity of the situation. ... Trust your lawyer. ... Have a support system in place.
A defense strategy is a product of a defendant and defense attorney fitting together the version of the truth that is most likely to produce a satisfactory defense outcome–a verdict of not guilty, a verdict of guilt of a lesser charge, or an acceptable plea bargain.
Common Defense Strategies in Criminal CourtNo intent to commit the crime (accident)Mistake of fact.The crime was committed out of duress or necessity.Police misconduct or a violation of your rights.Intoxication (may still result in other charges)Self-defense.Insanity (may still result in institutionalization)
However, four main offenses fall squarely under alcohol crimes. They are Driving Under the Influence (DUI), public intoxication, open container and minor in possession of alcohol.
The threshold used to determine the degree of theft charges brought against an individual varies from state to state. Some defenses that a good criminal lawyer would use in a theft case include: 1 Showing that the accused had a right of ownership to the property in question. This claim would have to be supported with evidence. 2 Showing that the accused was intoxicated at the time of the crime. This would work in some instances to prove that the accused did not have the intention to steal if they, while in their intoxicated state, believed that the property belonged to them. 3 Showing that the stolen property was returned. While it might not get the theft charges dropped, it does paint a more sympathetic picture to the prosecuting officer. It makes them more inclined to agree to a plea deal. 4 Using the defense of entrapment to show that the accused was lured into committing the crime by some other party.
Numerous illicit drugs are outlawed at both a state and federal level. Methamphetamine, cocaine, and heroin are prime examples. Associating with them at any level which includes their cultivation, distribution, trafficking or possession could see you behind bars for a long time.
Fraud and financial crimes are classified as a form of theft where an entity (or person) obtains money or property from another party and uses it illicitly for monetary gain. It usually involves some form of deceit or abuse of trust which is ultimately what sets these crimes apart from the more common forms of theft or robbery.
The law in these states fronts that if an individual consented voluntarily to a particular act that involved some level of violence, they can’t later turn around and allege that they were assaulted.
When one individual takes the life of another, this is regarded as a homicide regardless of the circumstances surrounding the incident. Homicide, however, isn’t always considered a crime. Examples of such incidences include state-sanctioned executions or self-defense cases that result in the death of another party.
Depending on the circumstances surrounding the crime, assault and battery cases can vary widely in terms of defense and possible outcomes. Some are relatively straightforward while others can be quite complex, especially when they have lots of moving parts.
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The key is the difference between factual guilt (what the defendant actually did) and legal guilt (what a prosecutor can prove).
Defense attorneys are ethically bound to zealously represent all clients, those whom they think will be justly found guilty as well as those whom they think are factually innocent.
In traffic, DWI, and Misdemeanor cases, the decision whether to continue a case rests with the judge. Often your case will be continued several times to give the officer more chances to make it to court. If an officer is unable to make it into court and informs the court of his absence with a reasonable excuse, the judge will typically continue the case—especially if it is your first day in court. If no one is able to reach the officer, and no one has heard from him or her, the odds of the judge denying the State’s motion to continue your case are greater. If your case has already been continued and the officer fails to show, your chance of the judge denying a continuance increases even more. If the judge denies the State’s motion to continue and the prosecutor can’t make a case without the cop, then the prosecutor may be forced to dismiss the case.
False! You have the right to remain silent and you have the right to a lawyer. A simple rule to follow in encounters with police officers is to ask the officer if you are free to leave. If he or she replies that you are, the best thing you can do is to politely decline their request for information and walk away without answering any questions. If the officer replies that you are not free to leave, politely but firmly ask for an attorney and otherwise remain silent. At your first opportunity, call the seasoned criminal defense attorneys at Kurtz & Blum, PLLC. We’re in your corner.
Supreme Court case Miranda v. Arizona and are meant to inform you of certain rights that you possess while in police custody. These rights derive from the Fifth and Sixth Amendments of the United States Constitution and apply during custodial interrogation. They include the right to remain silent and the right to an attorney. Your case may be dismissed if law enforcement did not inform you of your rights and Miranda applied–but only if, as a result of that violation, evidence is suppressed, and as a result of that suppression the State has insufficient evidence with which to continue the prosecution.
Aside from that, radar is only one of the many different ways for officers to prove you are speeding. Other methods include: pacing, aircraft spotting, and laser ranging. Pacing occurs when a law enforcement officer trails behind you for some time, checking your speed against his calibrated speedometer. Aircraft spotting is done by having a predetermined distance, where the officer in the aircraft then times how long it takes you to travel the distance. Laser ranging is most similar to radar. It uses pulses of light, and the laser gun reads the difference in time between pulses.
FALSE! Minor errors do not result in dismissal. They are not magic loopholes that get out of traffic tickets. So if there is a spelling mistake or the officer got the year of your vehicle wrong, do not expect a dismissal, at least due to that error. As a general rule, only fundamental charging errors, such as the police officer leaving out the name of an alleged victim in a larceny case, have that kind of impact. Police errors can add up, however, and at Kurtz & Blum, PLLC, we will use them to your advantage when possible. Be sure to tell your attorney about all the errors that you have discovered, just don’t make the mistake of assuming that the extra “e” that the cop put at the end of your name will guarantee that you will automatically and easily walk away from a DWI charge.
FALSE! It is true that all counties are governed by the same federal and state law but rules change from county to county and even from courtroom to courtroom. Wake County is supposed to follow the same law as every other county in North Carolina. However, each city and county can also have its own rules, ordinances and municipal codes. They can also have their own codified local rules that govern how the courts function in their judicial district. For example, in Wake County the Senior Resident Superior Court Judge sets amounts for presumptive bonds in criminal cases. As a result, a bond may be set according to completely different standards in Raleigh than it is in Durham.
Anyone who witnesses a crime with their senses can then report on what they experienced in court. Unfortunately, eyewitness testimony can be unintentionally wrong, but it is still a viable and popular form of evidence.
Entrapment occurs when law enforcement officials set up a suspect to commit a crime they might not have otherwise committed, such as pressuring them to pass drugs to a third party. If the state provided the drugs used for the operation, it is frequently considered entrapment.
At The Sills Law Firm, we have 20+ years of combined experience in the legal field, and can effectively fight the drug charges that have been brought against you. The fact of the matter is that law enforcement officials are prone to making mistakes and outright breaking the law in order to conduct a drug investigation and make an arrest.
The 4 th Amendment is constitutional protection from unlawful search and seizure of your belongings, including your home and vehicle. You have the right to refuse your consent to a search of your person, vehicle, or residence. With probable cause, the officer may still be able to search you or your vehicle, but withholding consent protects you from incriminating yourself. Additionally, you will want to exercise your right to remain silent as well.
If the drugs are lost or misplaced and are unable to be produced, the case might be thrown out.
On Tuesday, I posted something that I did not imagine would be all that controversial, You just found out you hired a sex offender. Now what? Boy howdy was I wrong.
On Tuesday, I posted something that I did not imagine would be all that controversial, You just found out you hired a sex offender. Now what? Boy howdy was I wrong.