what does it mean when an attorney has to further investigate a case

In addition to using court discovery procedures to obtain evidence from the prosecution, defense attorneys have a duty to investigate their clients' cases. Effective lawyers will gather evidence of their own in preparation for trial—and even to see whether the client has a reasonable chance of winning at trial.

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How do defense attorneys investigate cases?

Jan 01, 2013 · This means that your case is still in the investigation phase. At this point, the officer assigned to the case will need to make a decision whether or not to forward the case to the prosecutors office for review. You aren't out of the woods yet. Consider hiring a criminal defense attorney to represent you during the pre-warrant investigation phase.

How do lawyers gather evidence in court?

When a lawyer or judge says, "material to the investigation," what do they mean? It essentially means relevant. I could get into a more nuanced discussion of “material” vs. “relevant” but, unless you're in law school taking an Evidence course, there's really no need. 50 views View upvotes Related Answer Bob Dekle

Why hire a criminal defense lawyer or investigator?

they investigate no further than whats handed to them by the statea police report and whatever witnesses to the crimealmost always circumstantial and not enough to justify probable cause or even suspicionand yet their are many who were frightened by d.a. prosecutorial misconduct .by always giving add ons that are not lesser includedand claim a …

Can a court give a defense attorney leeway in a criminal case?

Apr 10, 2015 · the client is insisting on pursuit of a frivolous position in the case; the attorney has a conflict of interest or cannot otherwise continue representation without violating the rules of professional conduct, and; the client terminates the attorney's services. (Learn more: How to Fire Your Attorney.) An Attorney's Voluntary Withdrawal

Why do prosecutors sometimes choose not to prosecute?

How does the DOJ decide what to investigate?

What is it called when you ask another court to review your case?

Who is more powerful judge or prosecutor?

How does an investigation work?

What are the types of investigation?

What is further proceedings?

What happens if new evidence is found after a trial?

How often are appeals successful?

What is the most popular reason that cases get dismissed?

Who is the most powerful person in a courtroom?

What is one reason prosecutors may decide to dismiss cases?

What powers do the DOJ have?

How long does a DOJ investigation last?

What is DOJ criminal investigation?

Why would I get a letter from the DOJ?

Can a defense attorney interview a witness?

It's perfectly legal for defense attorneys and their investigators to interview prosecution witnesses in most instances. (Among the instances in which it's not are those involving harassment or threats.) And even though prosecutors might not want their witnesses—including police officers and victims—to talk to the defense, they typically can't stop them (though they may "inform" them that they don't need to).

What to do if you are facing criminal charges?

If you're facing criminal charges, consult an experienced criminal defense lawyer. Only such a lawyer can protect your rights and effectively investigate your case. An attorney will also be able to tell you what you should—and shouldn't—do to help.

What is the duty of a defense attorney?

In addition to using court discovery procedures to obtain evidence from the prosecution, defense attorneys have a duty to investigate their clients' cases. Effective lawyers will gather evidence of their own in preparation for trial—and even to see whether the client has a reasonable chance of winning at trial.

Should defendants interview witnesses?

Defendants themselves should almost never interview witnesses, and particularly victims. Whatever the defendant says to the witness or victim can usually be mentioned at trial. And if the witness tells a different story at trial, the defendant might be forced to testify to controvert it.

How to interview witnesses?

The defense can gain significant benefits from trying to interview prosecution witnesses rather than relying on their statements. These include the ability to: 1 gauge witnesses' demeanor and credibility 2 ferret out details of witnesses' stories and strategize as to how to handle their testimony at trial 3 impeach witnesses who say something on the stand that's inconsistent with what they told the defense 4 establish a foundation for arguing witnesses who refuse to speak to the defense are biased against the defendant, and 5 find leads for new evidence and people to interview.

Why won't the police investigate my case?

Somebody assaulted you while you were drunk. When you go to the police, they refuse to investigate your case. There are lots of reasons police won't pursue a case. Maybe the value of your loss is too little. Maybe after an initial look, there is just no evidence to warrant further work.

Do police have a duty to investigate crimes?

Police do not have a legal duty to investigate all reported crimes. However, this doesn't mean you're helpless if the police won't investigate the crime against you. If repeated calls and reports to the police department don't encourage any action, go up the food chain. Contact the local District Attorney's office.

What are the duties of a district attorney?

A district attorney is an elected or appointed public official of a county or designated district whose duties are governed by state law. Generally, the duties of a district attorney are to manage the prosecutor's office, investigate alleged crimes in cooperation with law enforcement, and file criminal charges or bringing evidence before the Grand Jury. Specific duties may include the following: 1 To attend on the grand juries, advise them in relation to matters of law, and examine and swear witnesses before them. 2 To draw up all indictments and to prosecute all indictable offenses. 3 To prosecute and

What do police do in a criminal case?

For complex cases, the police do an initial investigation of the crime. They interview witnesses, collect evidence, and determine who should be charged with the crime.

What does the prosecuting attorney do?

The prosecuting attorney reviews the evidence to determine if there is sufficient evidence to successfully prosecute the person. If additional evidence is needed, the PA may send it back to the police for more work, or may assign its own investigator. Difficult cases always have problems with the evidence.

What happens when you go to the police?

Somebody mugged you in a dark alley after a night at the bar. Somebody assaulted you while you were drunk. When you go to the police, they refuse to investigate your case. There are lots of reasons police won't pursue a case. Maybe the value of your loss is too little.

What to do if you can't get justice?

If you can't get justice from the criminal system, turn to civil courts. Most crimes such as battery or theft have civil law counterparts. If you are lucky enough to know who the perpetrator is, and the police won't arrest him or the DA's office won't press charges, you may be able to sue for damages in civil court.

How to withdraw from a case?

If the circumstances require that the attorney withdraw from representation, the withdrawal is considered mandatory. Situations that could give rise to an attorney's mandatory withdrawal from a case include: 1 the attorney is not competent to continue the representation 2 the attorney becomes a crucial witness on a contested issue in the case 3 the attorney discovers that the client is using his services to advance a criminal enterprise 4 the client is insisting on pursuit of a frivolous position in the case 5 the attorney has a conflict of interest or cannot otherwise continue representation without violating the rules of professional conduct, and 6 the client terminates the attorney's services. (Learn more: How to Fire Your Attorney .)

What is voluntary withdrawal?

An Attorney's Voluntary Withdrawal. Where the circumstances permit, but do not require, the attorney to cease representation, the withdrawal is considered voluntary.The circumstances under which an attorney may withdraw mid-case include: there has been a breakdown in the attorney-client relationship that prevents the attorney from effectively ...

He hears what you're saying

He lets you talk most of the time, interrupting periodically with short questions.

Copying costs to start

Then, as your records come in, your lawyer MUST read each and every page of every single record.

However, in every medical malpractice case in New York, we MUST have an expert confirm you have a good case

Sending your records out to an expert and having him review it takes time.

Maybe you are nasty and obnoxious and refuse to listen to your lawyers' advice

There could be many reasons why an attorney would decline to handle your matter, even after his medical expert has confirmed you have a valid case.

The reality is no, it doesn't

But, it gets us in the courthouse door, assuming of course your lawyer wants to accept you as a client.

What is a continuance in a trial?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

How to prepare for trial?

Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: 1 review the evidence 2 investigate the facts 3 consult with witnesses 4 negotiate a plea agreement (if one is possible), and, 5 in the case of the defense, hold lawyer-client meetings.

Can a judge grant a continuance?

A judge may not arbitrarily insist that the case move forward when it's clear that a continuance is needed for a new lawyer. A judge probably won't grant a continuance if: the defendant has unreasonably delayed in getting a new attorney. the defendant has another attorney who is prepared for trial.

What is new evidence?

the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence. the defendant wasn't diligent in anticipating the evidence (for example, defense counsel failed to read forensic reports turned over by the prosecution ...

What is the most important consideration for a judge?

Perhaps the most important consideration for a judge is whether the party requesting the continuance has been diligent —in other words, whether the party put in sufficient effort. Parties must be active in reviewing evidence, interviewing witnesses, issuing subpoenas, and testing forensic evidence.

Do witnesses say something they never said before?

It's not uncommon for the prosecution's witnesses to say something at trial that they either never said before (for example, when interviewed by the police) or that contradicts statements they've made in the past. When this happens, continuances are proper if the defense can show that the defendant:

What is the 6th amendment?

The Sixth Amendment guarantees criminal defendants the right to counsel, but that right has limitations. Defendants have the right to counsel of their choosing —within reason. When a defendant wants to change their defense attorney for another, the court must consider several factors before granting a continuance to allow the new lawyer to prepare. A judge may not arbitrarily insist that the case move forward when it's clear that a continuance is needed for a new lawyer .

Do lawyers lie?

Litigation attorneys are master lie detectors. So if you're not telling them everything, or if you're lying about something, there's a good chance they'll know. Why does this matter? Because if they don't see you as credible, a judge or jury probably won't either. Your attorney also needs to trust you, as they will be making sworn statements to the court based on what you say. If they're constantly wondering if you're lying, they won't be able to represent you effectively.

How to position your case for success?

Build Your Case. You can position your case for success by having a complete picture of the nature and extent of your injuries —an official diagnosis from your doctor, for example. In a car accident case, getting a copy of the police report can be a big help.

Is it too late to sue?

It's Too Late to Sue. All personal injury cases are subject to lawsuit-filing deadlines set by the statute of limitations. Subject to a few exceptions, if you try to sue after the statutory deadline has passed, your case will get thrown out, and the attorney might face sanctions from the court.

What happens if you sue after the deadline?

Subject to a few exceptions, if you try to sue after the statutory deadline has passed, your case will get thrown out, and the attorney might face sanctions from the court.

Why do you need a copy of a police report?

In a car accident case, getting a copy of the police report can be a big help. It also helps to organize and gather any potential evidence, like your medical records, contact information of potential witnesses, and a timeline of notable events.

What are the different types of personal injury?

Personal injury is just one area of practice in the legal profession, and there are subsets, including: 1 medical malpractice 2 product liability 3 industrial accidents, and 4 toxic torts.

What is scope of representation?

From the outset of the case, the lawyer and client should determine the “scope” of the representation. They will set forth the goals of the representation. Some goals are short-term, such as closing on a piece of property, and sometimes they are long-term, as in providing ongoing advice for a corporation.

What are tactical decisions?

Tactical or strategic decisions may involve the following: 1 the choice of motions; 2 the scope of discovery; 3 which witnesses to call; 4 the substance of the direct and cross-examination.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What is the difference between a lawyer and a client?

Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

Advantages to Be Had

Reinventing The Wheel?

Waste of time?

Forcing The Issue

Get A Lawyer

• If you're facing criminal charges, consult an experienced criminal defense lawyer. Only such a lawyer can protect your rights and effectively investigate your case. An attorney will also be able to tell you what you should—and shouldn't—do to help. For example, your lawyer may ask you to provide all the information you can possibly think of regardi...

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