Oct 21, 2020 · A defense attorney is a specific type of attorney who defends people who have been charged with a crime. An attorney can be hired by the defendant, or appointed by the court system. After an arrest, especially if it is the first arrest, you may be hoping the charges will go away without trouble. If you are innocent, you may think that as long ...
Oct 07, 2020 · How a Criminal Defense Attorney Can Help If you believe you are in danger of being charged with a crime, you need a Criminal Defense Lawyer in Staten Island . Taking this action early will help ...
When looking for a private defense attorney, look for an attorney who specializes in criminal defense and practices in the jurisdiction (city or county) where charges are pending. A local attorney will be familiar with the judges and prosecutors in that area. Learn more in our article on what to look for in a private criminal defense attorney.
Dec 13, 2013 · On Behalf of McClenahen Law Firm | Dec 13, 2013 | Criminal Defense. Understandably, subjects of a criminal investigation are reluctant to hire a criminal defense attorney before they are charged. They think to themselves that they might be wasting money, if they are ultimately not going to be charged anyway.
In the event that the defendant receives a guilty verdict, the defense attorney will act as the representative at the sentencing hearing. This is the hearing in which the judge administers a punishment.
In some circumstances, prosecutors will grant defendants a lenient sentence in exchange for their cooperation or admission of guilt. For example, let’s say a defendant has vital information about a wanted individual. He or she might be able to provide that information in exchange for a reduced sentence.
After gathering witness and police statements, the defense attorney will turn to the evidence involved in the case. He or she will examine this evidence thoroughly, trying to figure out how it will affect the trial and the perceptions of jurors.
When it comes to researching the case, interviewing the client is only the tip of the iceberg. Defense lawyers must perform an extensive investigation. This involves speaking to police officers, witnesses, and experts.
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.
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.
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.
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.
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.
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.
These court-appointed attorneys are either public defenders who are on government salary, or they are so-called "panel attorneys," local attorneys chosen from a panel. A small fraction of criminal defendants (approximately two percent) represent themselves and are referred to as "pro se" or "pro per" defendants.
Defense counsel also provide more personal services by giving the defendant a reality check as to the possible outcomes and by helping the defendant to deal with the frustrations and fears resulting from being thrown into the criminal justice system. And of course, if no plea deal can be made, the defense lawyer represents the defendant at trial.
Because of a number of factors—political and public pressure, overcrowded jails, overloaded court calendars—deal-making has grown in importance and has become an essential element in unclogging the criminal justice system.
Within the complex criminal justice system, a defense attorney serves as the defendant's guide, protector, and confidant. (At least that's how it's supposed to be.) Defense attorneys are usually grouped in two camps: court-appointed attorneys paid by the government and private attorneys paid by the defendant. ...
What is clear is that being represented by a lawyer is almost always the best option. Nevertheless, some criminal defendants represent themselves. The decision of whether a defendant can self-represent is ultimately made by the judge, not the defendant. The judge is required to determine the defendant's competency.
The first thing that a defense lawyer does is build a wall of separation between the suspect and the detectives or other members of law enforcement. Very often, a suspect does irreparable harm to his case before ever consulting an attorney.
Some of these poor souls wanted a lawyer before charges were filed, however, public defenders can only represent indigent defendants who1) have already been charged and 2) face the possibility of incarceration. If you are the subject of a police investigation, and can afford an attorney, you are a fool not to do so.
If the court refuses to appoint new counsel and you remain adamant that your lawyer is unacceptable, you could file a complaint with the state bar organization. This complaint would cause an immediate conflict of interest between you and your attorney and would require your attorney to ask the court to appoint a replacement.
If you are dissatisfied with your lawyer, your first step should be to raise your concerns in a conversation. If the problem persists and your lawyer is a public defender, you may contact the lawyer’s supervisor. In rare cases, the supervisor may assign a different public defender. This would be done without court intervention.
In large cities, public defenders are often leaders in the defense community, with significant experience and ability. Court-appointed private attorneys who are under contract to provide services are also likely to have extensive experience.
Updated: Dec 15th, 2020. The Sixth Amendment guarantees the right to the assistance of legal counsel in all felony cases. If a person does not have the financial means to hire an attorney, courts will appoint a lawyer free of charge in all cases, including misdemeanors, that have the possibility of incarceration.
You might feel that your counsel should have made certain legal motions, like a request to exclude certain evidence (such as statements made to arresting officers or items seized during a search ). This argument is usually a long shot. Judges are reluctant to second-guess the legitimate legal strategies of counsel and are unlikely to replace attorneys if they can articulate a reasonable basis for choosing not to make the legal motions you seek.
At a hearing in which you ask for a new lawyer, the courtroom is typically closed to all but the judge, the defendant, and the appointed lawyer, and the record of the proceeding will be sealed. This means that neither the prosecutor nor the public will have access to a transcript of the proceeding. The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer.
If you're claiming your public defender is failing to communicate with you, you'll need detailed support showing a lack of communication over a substantial period. Bring documentation such as records of unreturned phone calls, canceled meetings, or missed jail or prison visits.
A good attorney may be able to get your charges reduced, your penalties lessened, or even get your case dismissed due to police errors while illegally obtaining evidence against you. By reducing your charges, they can keep a felony off your criminal record and keep you from jeopardizing your career. By reducing your possible penalties, they can keep you from jail and help you avoid losing your job. By getting your case dismissed they can save you from any negative impact that a criminal conviction could have had on your life.
The first and often most important reason to hire an experienced criminal defense attorney is that they understand how the judicial system works. The legal system can be confusing, even for people who work in it every day, but an experienced defense lawyer knows the intricate workings of the court systems and can help guide you through the process based on your individual case. In fact, the attorneys at Berry Law: Criminal Defense and Personal Injury Lawyers help demystify the process by providing a free step-by-step guide of the court proceedings for any individual criminal case during your first in-person consultation.
At Berry Law: Criminal Defense and Personal Injury Lawyers, we have experience defending clients facing criminal charges. Our team has been practicing since 1965, and we are committed to providing clients in Nebraska the best legal representation available. If you or somebody you know is facing criminal charges in the state, please contact our team at (402) 260-5767 to schedule a confidential consultation today.
Don't Hire in a Hurry#N#After the arrest, remove from your mind that you need to hire a lawyer in 5 minutes. You usually have at least a week to make a good decision. Unless you've been lazy or had your head buried in the sand hoping it would go away, be wary of the lawyer who pressures you to make the decision immediately.
Don't Only Interview Lawyers Offering a "Free Consultation"#N#Don't ever call a lawyer you're thinking of hiring and ask how much he or she charges. That lawyer will immediately think you are cheap, broke, and that you will waste his time in a consultation. On that note, don't ever ask if there's a consultation fee.
Impress Your Attorney#N#Do not go to the appointment looking like you just came from the mall. Wear pants, a decent shirt and a tie.
Talk with the Lawyer About Your Case, Not the Fee#N#The fee quote will usually come at the end. Make the lawyer like you. Don't play the victim and ask about suing the cops, or tell the lawyer you think your case is "simple."
Be Honest About Your Money Situation#N#Be honest with the lawyer. Tell her you want to hire her, if you do, and the details of your financial situation. You just told this lawyer you were plastered, picked up a hooker, stole something or shot someone. This is not a time to be coy or shy. Admit you are poor, broke, or need time to pay the fee.
Realize This May Cost More Than You Anticipated#N#You should hire a lawyer you feel comfortable with, who charges more money than you wanted to spend. You may feel good that two lawyers quoted you $30,000 for your drug trafficking case and the one you're talking to now is charging you $10,000, but that's a sign to be careful.