Posts Tagged ‘Criminal’

Stages of a Criminal Case part.3

Monday, May 11th, 2009

9. Trial

So after long eight stages of preparations we are at the most important but not the final stage of the whole criminal case process – the trial. The trial is the main stage of any criminal case, it is where all the preparations finally result in a solution and sentence, if the defendant is found guilty. This is where the justice is made.

The trial can be divided into six phases. At first a jury is chosen and then the whole process proceeds to opening statements, witness testimony and cross-examination. Cross-examination (which includes witness testimony) is the main part of the whole criminal case process when the evidence is presented, the witnesses testify and the attorneys present their argument. This part is usually closed with closing arguments. After that the jury is instructed in various legal rules concerning the case and the jury proceeds for a discussion and must reach a unanimous verdict if the defendant is guilty or not guilty.

Sometimes if the jury fails to reach a unanimous verdict, finds itself at a standstill and can’t decide if the defendant is guilty or not. The judge declares a mistrial, as a result of a mistrial the case can be dismissed or the trial can start again but from the stage of selecting a jury.

Even a simple trial is such an immense topic that catching all the details will be hard even within two or three articles, but we will definitely write some more detailed things about trials in future.

10. Sentencing

The sentencing stage begins usually right after the trial has reached a decision. A sentence is based not only on the decision of the court, at this stage there is a number of factors that influence the final sentence. This can include criminal history, things related to the crime – nature of the crime, impact on victims, injuries etc., personal, economic, and social circumstances, and even regret or remorse of the defendant. Sentencing is the official end of the court procedures, still the defendant has a possibility to make an appeal.

11. Appeals

Even after the sentence the convicted person can appeal to a higher court and ask to review certain aspects of the case (usually sentence or the conviction itself) for legal errors. During this stage the defendant is called appellant.

If the appeal is accepted, the higher court reviews all the procedures of the lower court without considering any new evidence. When reaching a decision the higher court accepts written briefs fro the both sides of appeal. The brief from the attorneys of the appellant usually specifies why the decision of the lower court was wrong, while the brief of prosecutors states that the decision of the court was right and gives arguments for keeping the current sentence. Usually after the first brief exchange the appellant has a right for a second brief that responds to arguments from the prosecutors’ letter. Sometimes an oral hearing on the case can be appointed.

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Famed Cowboy Criminal Defense Lawyer – Thomas C. Brooks Jr

Monday, May 11th, 2009

Thomas C. Brooks Jr. Has been awarded Criminal Defense News Top Attorney Award. This prestigous award is bestowed upon Attorneys at Law who display distinguished service in the community. Criminal Defense News would like to encourage lawyers to share their leadership and communication skills with up and coming young attorneys. In this regard, Thomas C. Brooks Jr. has been exemplary.

On almost any morning, Attorney Thomas C. Brooks Jr. could be seen hustling from courtroom to courtroom at the Criminal Courthouse in downtown Brooklyn, juggling a heavy caseload.

A flambouyant and outspoken criminal defense lawyer, impeccably dressed sporting cowboy boots, buckle and hat, Thomas C, as he is called by his clients and friends is the epitome of New York City’s New criminal defense attorney… he hates losing.

Along with a handful of other New York lawyers, Thomas C. mostly defends people facing serious criminal charges, such as drunk driving, domestic assault, theft, fraud and sexual assault. He is on the short list of attorneys who would take court-appointed cases in federal court. Thomas C. is well liked by prosecutors, judges , and other defense lawyers.

Mr. Brooks is in great demand as a political and legal commentator, and has appeared on hundreds of television and radio programs. Thomas received his law degree from the New England School of Law in Boston, Massachusetts and Served as the Editor in Chief of the New England Law Review, while in attendance. He currently resides in Brooklyn, NY.

Thomas said, as he accepted his award, “I believe the role of the criminal defense lawyer is to provide justice. …” He thanked his father, Thomas C. Brooks Sr. for his unwavering faith in his decision to become a lawyer.

As Thomas C. Brooks Jr. climbed the courthouse steps, a defendant screamed, “Get Me, Thomas C!”

WEBSITE: http://criminaldefensenews.blogspot.com


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WEBSITE: http://criminaldefensenews.blogspot.com

11 Costly Mistakes to Avoid When Hiring a Criminal Law Attorney

Monday, May 11th, 2009

Mistake #1: Hiring an attorney without extensive experience in the field of criminal law.

Mistake #2: Hiring an attorney who is not licensed to practice law before all state and federal courts in your state, as well as before the United States Court of Appeals andthe U.S. Supreme Court.

Mistake #3: Hiring an attorney who is not a member of professional associations such as the National Association of Criminal Defense Lawyers, American Bar Association and Association of Trial Lawyers of America, as well as the trial lawyers and bar associations from your state.

Mistake #4: Hiring an attorney who isn’t honest in explaining his fees and what’s included upfront.

Mistake #5: Hiring an attorney without knowing who will represent you in court.

Mistake #6: Hiring an attorney who you don’t feel comfortable with or someone who you don’t feel confident in his abilities to assist you.

Mistake #7: Hiring an attorney you don’t trust.

Mistake #8: Hiring the lowest priced attorney.

Mistake #9: Hiring an attorney who isn’t upfront about the merits of your case.

Mistake #10: Hiring an attorney who doesn’t have an excellent reputation with his clients and the entire legal community.

Mistake #11: Hiring an attorney who doesn’t take the time to listen carefully to your needs.


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Frederick D. Paoletti, Jr. is the founding principal of Paoletti & Gusmano Attorneys at Law, a criminal defense and personal injury firm located in Bridgeport, Connecticut. For more articles related to protecting yourself during personal injury and criminal situations, please visit http://www.paolettilaw.net.

6 Crucial Questions to Ask Before You Hire a Criminal Law Lawyer

Sunday, May 10th, 2009

Question #1: How much experience do you have specifically in the field of criminal law?

Some lawyers accept just about any case that comes their way, and then they find another attorney to handle it in return for some of the money recovered. You’ll get better results with an attorney whose only focus is on criminal law.

A criminal lawyer with extensive experience will understand how to aggressively represent you in and out of state and federal court rooms. In addition, you’ll likely get an accurate estimate for the length of your case and its strong and weak points.

Question #2: What are your qualifications?

You’ll want to find a criminal law lawyer who is licensed to practice before state and federal courts within your state, as well as the United States Court of Appeals and the U.S. Supreme Court.

Question #3: What professional associations do you belong to?

Involvement with professional associations helps demonstrate a lawyer’s commitment to the legal system. Some favorable associations include the National Association of Criminal Defense Lawyers, American Bar Association and Association of Trial Lawyers of America. Also, look for attorneys who are members of the trial lawyers and bar associations from your state.

You may also want to seek out lawyers who are members of the Million Dollar Advocate Forum, an organization whose membership is limited to attorneys who have obtained settlements or judgments of $1 million or more.

Question #4: Will you handle my case or will you assign the case to an assistant?

Some law firms use senior lawyers to bring in cases and then assign the cases to assistants. You want an experienced criminal law lawyer handling your case.

Question #5: What are the fees for using your services?

Your attorney should be upfront about the merits of your case and fee. During your initial consultation, you should find out what your case will cost. A flat fee agreement will ensure there are no hidden charges.

Question #6: (Ask yourself this final question.): Do you trust the lawyer?

Find out what reputation your lawyer has with clients and the legal community. In addition, make sure your lawyer takes significant time to listen to you carefully, take notes and read your file thoroughly. Let your lawyer show you that he truly cares about the outcome of your case.

Resource Box

 

Frederick D. Paoletti, Jr. is the founding principal of Paoletti & Gusmano Attorneys at Law, a criminal defense and personal injury firm located in Bridgeport, Connecticut. For more articles related to protecting yourself during personal injury and criminal situations, please visit http://www.paolettilaw.net.

 


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Frederick D. Paoletti, Jr. is the founding principal of Paoletti & Gusmano Attorneys at Law, a criminal defense and personal injury firm located in Bridgeport, Connecticut. For more articles related to protecting yourself during personal injury and criminal situations, please visit http://www.paolettilaw.net.

Boise Criminal Defense Lawyer Nampa Felony Attorney Idaho

Sunday, May 10th, 2009



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www.martenslawoffice.com Martens Law Offices handles misdemeanor and felony criminal cases. If you have been charged with a crime, contact Attorney Jared B. Martens in Boise, Idaho. Call (800) 915-6448
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Personal Interviews Are Vital In Hiring Criminal Defense Lawyers

Sunday, May 10th, 2009

If you’re in trouble with the law, your knee-jerk inclination might be to hire the first criminal defense lawyer you can find in a telephone book. Depending on the severity of the crime and your personal background, the need to find a lawyer and do it fast could absolutely be present. But, going with just anyone is not the best way to hire a criminal defense lawyer. It’s important to make sure you hire someone who is not only competent, but also a person you can and will work with.

A good defense lawyer will want your case to be handled as a team effort. He or she will need to rely on input from you as much as possible. He or she will also need to be able to develop a good rapport with you to ensure the case is handled in the best possible manner to obtain a good or at least fair outcome. Inasmuch, it’s vital that you and your lawyer have not only an ability to talk with each other, but also trust each other on a basic level. This will be particularly vital not only if you’re innocent of the charges, but maybe even more so if you’re guilty.

Considering the importance of a working relationship with a criminal defense lawyer, it’s very important to make sure there’s at least a face-to-face meeting before you hire the person. What you’ll be able to find out if you do a personal interview is a whole lot. Within the first meeting with a lawyer, you should be able to:

While it’s impossible to tell everything about a potential criminal defense lawyer in a single meeting, you should be able to at least get a decent sense of what the person is about. If you feel comfortable and confident in the person, you’re on the right track. If you don’t, be wary.


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More information on criminal lawyers
criminal lawyers

http://www.criminallawyernews.com

Hiring A Minneapolis, Minnesota Assault Criminal Defense Attorney

Sunday, May 10th, 2009

Sorting Through The Many Felony Assault Lawyers MN Has To Offer Can Be Exhausting!

Are you looking for a Minneapolis, Minnesota criminal assault defense attorney to handle your case? If so, you may be feeling a little overwhelmed by all of the felony assault lawyers MN has to offer! After all, there are literally dozens of different assault attorneys in Minnesota for you to select from.

So, how are you supposed to know which one is right for you?

Simply put, it is essential to hire a Minneapolis, Minnesota criminal assault defense attorney who specializes in criminal defense and who has a great deal of experience fighting these types of cases.

Of course, you will also want to find a lawyer who has a high success rate and who you feel comfortable talking with. After all, you may be working closely with this person for a while. Therefore, you need to hire someone you can trust, someone who listens to your concerns and you feel can do a quality job of representing your case.

When searching through the felony assault lawyers MN has to offer, it is also a good idea to consider the type of charges you are facing.

There are three different categories of assault charges you might face. These include…

 

The type of charges you face will depend upon the circumstances of the crime you are being accused of committing, as well as whether or not a weapon was involved in the crime. It is also important to note that a wide variety of things may be considered a “weapon” when facing assault charges – including a vehicle, if it is used in an attempt to injure someone else.

In addition to hiring a Minneapolis, Minnesota criminal assault defense attorney to handle your case, you might also find yourself facing civil charges if you are accused of causing serious injuries to someone else. If you were to lose this case, you might find yourself paying out a significant amount of money as a result of the civil case, in addition to facing jail time and other forms of punishment for your criminal charges.

If you are facing domestic violence charges, it is also vital for you to realize that this is considered an assault charge. As such, you may be facing the same fines and jail time as someone who is facing any other type of criminal assault charges. Since you are looking at facing potentially serious disciplinary action if you are found guilty of a felony assault, it is important that you speak with a Minneapolis, Minnesota assault criminal defense attorney before you talk to anyone else. Your freedom just might depend upon it.


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The six partners at Halberg Criminal Defense bring an unparalleled blend of criminal defense experience together in one law firm – with over 100 years of combined criminal trial experience. Visit www.halbergdefense.com to get your most honest, ethical and vigorous defense lawyer.

Criminal Defense Lawyers – What Can You Do For Me?

Sunday, May 10th, 2009

Every day at least one potential client asks me, \”What can you do for me?\”  It is natural enough.  A person has been charged with a crime; they are concerned about their future; and they are confronted with the expensive prospect of hiring a lawyer to defend them against the charges.  Before they make that expenditure they want to know what they are getting for their money.  Usually when we spend money we get something tangible in return.  Unfortunately, hiring a lawyer is different.A lawyer cannot ethically tell a client how the case is going to turn out based on an initial consultation.  Before the lawyer can even give an opinion the lawyer has to review the evidence and communicate with the prosecutor.  If the lawyer could promise a certain result the implication would be that justice is for sale.  In other words, the lawyer would be suggesting that if the client just pays a certain fee than the opinions of the prosecutor, judges and alleged victims are irrelevant.   Although there are many problems with the justice system in America, fortunately it is not simply for sale.To be sure, a lawyer can say things like, \”Assuming everything you say is true, based on my experience this is probably what is going to happen.\”  However, potential clients should be wary of statements like this.  Everyone is biased towards themselves, and all the more so when the stakes are high.  Few clients, whether they be guilty or not, relate the facts of the case in the same way as the alleged victim does.  As a result often neither the prosecutor nor the court will end up accepting the potential client\’s version of events as the whole truth.  Yet the worried potential client wants assurance that things are going to turn out o.k., and that his or her version of events will be accepted by either the prosecutor or the court.  So most often, when a lawyer says, \”assuming everything you say is true, this or that will happen,\” the client hears, \”if you hire me, then the result will be this or that.\”Well, if one should not hire a lawyer based on a predicted result, on what basis should the client hire a criminal defense lawyer?  First, qualifications such as experience; board certification; Super Lawyer ranking; Martindale-Hubbell AV ranking; quality of legal education, etc.  Also, you should meet with your potential lawyer and base your decision on personal rapport.  Ask yourself does this lawyer seem honest, ethical and competent?  Is this the kind of person I want to stand up in court on my behalf and credibly represent my interests?  These are the questions one should ask themselves rather than what is this person promising to do for me.


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Clint Broden of Broden & Mickelsen Law Firm is board certified in the area of criminal law and his practice is limited to criminal defense work. He has received an “AV” rating from Martindale Hubbell, the highest rating available. Although he handles all types of criminal cases, Clint Broden specializes in complex, criminal cases in federal court at both the trial and appellate level.

The Criminal Law Handbook – Know Your Rights, Survive the System

Sunday, May 10th, 2009

“The Criminal Law Handbook: Know your rights, survive the system of Attorneys Paul Bergman & Sara J. Berman is an impressive tome of 678 pages of information on criminal law. The book aims to help you understand the rules confused and procedures relating to criminal offenses and to show how the system works, because the police, lawyers and judges do what they do and more importantly what can be done to limit the damage. I think it achieves that goal very well. Most part of the book is written in a question-and-answer understandable to explain the criminal justice system, both within and outside the court. They range from the first police interview through trial in jail and probation.
Nolo Remember that focuses on making the law accessible to all, and books published by Nolo doing an outstanding job of doing just that. Therefore, this book is not a manual of criminal law as would be in law school, but a general guide for the non-lawyer or layman. For a guide like this is very good and includes a range of information.
The twenty-seven chapters consist of:
Chapter one: to speak with police. Chapter provides information on police interrogation of persons who have not taken into custody and interrogation of detainees.
Chapter two: search and seizure. Some of the topics covered here are search warrants, the doctrine of public view, stop and search, searches of cars, and research.
Chapter Three: Arrest: When it does, what it means. This chapter discusses the general principles of detention, arrest, arrests without warrants, the use of force during arrests and detentions of citizens.
Chapter Four: the identification of eyewitnesses: Psychology and procedures. Topics include procedures for identification of eyewitnesses, the psychology of eyewitness identification, alignments, showups, photo ID, and the proposals to remove the identification.
Chapter Five: Reservations and deposit: and out of prison. The booking process, the organization of bail and be released on his own are covered here.
Chapter Six: The suspect asked. This chapter focuses on crime and criminal procedures and criminal responsibility, a grand jury, and diversion.
Chapter Seven: Criminal Defense Lawyers. You need a lawyer, public defenders, private defense lawyers, and self-representation are discussed in this chapter.
Chapter Eight: Understanding the relationship between lawyer and client in a criminal case. Topics include confidentiality, client-centered decision making, communication between lawyer and client, among others.
Chapter Nine: A Walk Through the Criminal Court. The court, in classroom, players lounge, court and explain the behavior.
Hearings in the tenth chapter. Timing and self-representation at the hearings look here.
Chapter XI: Developing the strategy of defense. Just what the title of the chapter, the fundamentals of defense strategy.
Chapter XII: Crimespeak: understanding the language of criminal law. Basic principles on things such as murder and manslaughter, rape, robbery, theft, hate crimes, the Patriot Act and more.
Common defenses Chapter XIII: Defensespeak: criminal charges. Topics such as partial defense, self-defense, alibi, and madness are covered here, among others.
Chapter XIV: Discovery: the exchange of information with the prosecution. Discovery is an important part of any legal or civil case and this chapter provides the basis for criminal matters.
Chapter Fifteen: investigate the facts. Interviews and testimonies are a few things here.
Chapter XVI: The preliminary hearing. What are your rights, and strategies of both sides are presented here.
Chapter Seventeen: Test of fundamental rights of defense. Topics covered include: due process, the burden of proof, the right to remain silent, the right to address the problem of witnesses, Right to Jury Trial, Right to a lawyer, and others.
Chapter XVIII: the ground rules evidence in criminal proceedings. There are procedures to follow in the presentation of evidence and this chapter provides guidelines for doing things right.
Chapter XIX: proposals and their role in criminal proceedings. Learn what they are and what they are in this chapter.
Chapter XX: offers reason: The majority of criminal cases must stand. Fundamentals of plea deals, the pros and cons, the process and the strategy of negotiating plea deals are discussed in this chapter.
Chapter Twenty-One: the process of experimentation. Good chapters on various aspects of a process of electing a judge or jury deliberations and verdict.
Chapter Twenty: Sentencing: How to punish the guilty by the court. The fundamentals of the procedures and sentencing options and a bit ‘on the death penalty.
Chapter Twenty. Appeals: An appeal by a High Court. Losing the process does not necessarily mean it’s over. This chapter includes resources and cars.
Chapter Twenty: How the Criminal Justice System Works: A Walk Through Two Drunk Driving cases. The sample used for drunk driving.
Chapter Twenty: Juvenile Courts and procedures. Separate chapter explains how things work in juvenile courts.
Chapter Twenty: Regulation of prisoners. The information on prisons and prisoners ‘rights’, remedies, words and forgiveness.
Chapter Twenty. Research the law. What and where research, including a glossary.
Again, this book is a large volume of information. It is well organized and has cost many bars and examples. If you have a question about criminal law, more than likely that this book will have an answer. The authors suggest that the law varies from state to state, and I would recommend that in addition to this book, anyone who has dealings with the criminal justice system in their look at the statutes of the jurisdiction should ensure they have the law that is applicable to their case. That’s why I like the last chapter provides guidance in this area. The authors also note that the book is not intended as a detailed guide to self-representation. This is a comprehensive overview of the whole system, but not all, and this because you can not put everything on our complex system in a book.
This is an excellent tour of the criminal justice system and one of the best resources around the layperson who wants or needs to navigate the complex maze of rules and laws that shape our system. I recommend it highly to anyone wanting to know everything about the law.


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Criminal Law HandbookLaw Book Reviews

What it Takes to be a Slick Philadelphia Criminal Defense Lawyer

Sunday, May 10th, 2009

The 6th Amendment to the Constitution of the United States guarantees a criminal defendant the right to have the assistance of legal Counsel for his defense, or a criminal defense lawyer. A criminal defense lawyer is an expert in defending individuals or companies that are charged with any variety of crime.
A Philadelphia criminal defense lawyer deals mostly with ensuring that the apprehension of his or her client, the searching of a client’s person and property, and arrest are all in accordance and within the bounds of the client’s 4th Amendment rights. A criminal defense lawyer also advises his or her client on any statements the client should or should not make, under their 5th Amendment rights, and represents his or her client’s best interests in a criminal trial.
It is the policy in the United States that all criminal defendants are entitled to be presumed innocent until proven guilty beyond a reasonable doubt of each point of the alleged crime. It is the duty of a criminal defense lawyer to make sure that the judge and the jury in a criminal case question every element of the accusation against his or her client, and introduce the possibility of doubt. It is not the responsibility of a Philadelphia criminal defense lawyer to prove that any client is innocent, only that the client’s guilt is doubtful.
Because most serious crimes in the U.S. are tried before a jury of twelve individuals and all twelve must be unanimous in a verdict to convict or acquit the defendant, a criminal defense lawyer will make every effort to convince the jury of the questionable reliability of accusations and witnesses against the defendant. Philadelphia criminal defense lawyers pursue their client’s cause aggressively through every stage of a criminal prosecution.
Many criminal defense lawyers are employed by the government and are referred to as “Public Defenders.” These criminal defense lawyers are often fresh out of law school and are looking to get a lot of courtroom experience before embarking on other careers, but some Philadelphia criminal defense lawyers are experienced experts who make criminal defense their permanent avocation.
Even though Philadelphia criminal defense lawyers usually become extremely wealthy few people choose to become criminal defense lawyers because of the high stress nature of the job, claims on conscience, and the potential responsibility for a client spending years in prison, or even being executed. It takes a certain type of person to be a successful Philadelphia criminal defense lawyer for a long period of time, and to actually enjoy it.


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Trust a Philadelphia criminal defense lawyer (http://www.nefflawoffices.com/) with over 20 years experience. The author Art Gib is a freelance writer.

How do I become a white collar criminal defense attorney?

Sunday, May 10th, 2009

I know I have to go to Law School which I am applying to this fall and pass the bar but what’s next? What do firms look for in a white collar criminal defense attorney? Do I have to work in some other law specialties before I go in to it?

Criminal Psychology – Hans Gross
AT the National Conference of Criminal Law and Criminology, held in Chicago, at Northwestern University, in June, 1909, … More >>
Ninfa Domínguez: una mujer entre delincuentes. (abogada de la defensa)(TT: Ninfa Domínguez: a woman among criminals) (TA: defense attorney): An article from: Contenido
This digital document is an article from Contenido, published by Editorial Contenido, S.A. de C.V. on April 1, 1997. The… More >>
Case of a Lifetime: A Criminal Defense Lawyer’s Story
A recent study estimates that thousands of innocent people are wrongfully imprisoned each year in the United States. Som… More >>
The Little French Lawyer
And wear discretion with it, Or cast it off, let that direct your arm, ‘Tis madness else, not valour, and more base Than… More >>
96 Classic Philo Vance Old Time Radio Broadcasts on DVD (over 42 Hours 15 Minutes running time)
This unique old time radio DVD collectible features 96 digitized reels of classic Philo Vance radio broadcasts and over … More >>

Criminal Defense Lawyers

Sunday, May 10th, 2009

Criminal, or Penal, Law, refers to the body of rules that govern punishments for a number of legal offenses, usually enforced by the government. Each state has its own set of procedures to deal with the offenses committed, but for all states, punishment is occurring for a person’s failure to comply with a set of rules or laws. These punishments can range from very simple, such as a small fine, to quite severe, such as execution.
During a trial of this type of Law, a criminal lawyer has the task of defending his or her client. It is almost never recommended that an accused person should try to represent him or herself in a criminal case. Criminal law can be difficult to understand and it takes years to become an expert. When defending yourself, you want someone who understands the situation you are in, knows what options are available, and knows the best way to proceed. Hiring a criminal lawyer is the most effective way to find this type of person.
When hiring a criminal defense lawyer, there are a number of aspects about the lawyer that one should examine. One of the most important aspects is experience, not just as a defense lawyer, but experience with the specific type of case that is being dealt with. Experience spread over a number of years is also important, not just in number of cases seen. Having been successful over a long period shows that the lawyer can adapt to changing moods and views that society goes through, and that he or she has seen a wider variety of outcomes, therefore possessing more knowledge of how to resolve a case. A long winning record is ideal, as this will make the proceedings go much more smoothly. The lawyer will be able to bring ideas and viewpoints that less experienced lawyers may not have seen or heard of yet.
If one is able to find a defense lawyer with this type of experience, it is most likely that he or she will have two other very important attributes, confidence and respect. A lawyer who is confident in the courtroom and in his or her abilities will be able to present ideas more effectively. One who has earned the respect of the community and judges will also be more effective. He or she will be able to negotiate easier, win crucial motions, and get more favorable rulings.
In addition to the courtroom side of things, a good criminal defense lawyer should also be one that cares about the client and makes an effort to understand the situation. A lawyer who is interested in the well being of his or her clients and spends the time to get to know them will be fighting harder in the courtroom than one who does not do this. These lawyers will understand what the various outcomes of a case may mean for the client. Large fines, jail time, or even just a small criminal charge can have enormous repercussions for some people, particularly those that require a license to perform their job. It is important to realize this and to fight hard to reduce those effects as much as possible.
There is no substitute for experience, and ideally, one should try to find the best lawyer available that one can afford. One who has experience and knowledge, but still possesses a passion for what they do, with a genuine concern for the client and his or her well being. Criminal cases can have devastating effects on a person’s life, and a good criminal defense lawyer is a valuable tool that should not be wasted.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.


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A Criminal Defense attorney and lawyer in Rochester MN at a local law firm can provide legal assistance related to criminal law.

Eleven Attributes Of A Good Criminal Defense Attorney

Sunday, May 10th, 2009

People often ask me how to determine if a Criminal Defense Lawyer is good or not. Having practiced as a San Francisco criminal defense attorney throughout California for thirteen years I have developed some opinions about this, which are laid out in the eleven rules below. These attributes can help make the difference between a good, bad or mediocre result. Remember that good criminal defense lawyering is as much an art as a technical skill. There is no substitute for experience. On the other hand it is unfortunately true that some veteran lawyers are tired of practicing law or have been doing it the wrong way for so long, they can’t change their ways. These rules apply to all criminal cases, whether drunk driving, driving under the influence, drugs, fraud, assault, battery, domestic violence or others. Of course they are no different whether you are looking for a San Francisco criminal lawyer, an Oakland lawyer, Hayward lawyer or a lawyer from another part of the country. The rules apply everywhere.
1. The lawyer must care about the result and the client’s well being:
This may seem obvious but it is important for lawyers to remember how important a case is to the person charged with a crime. Criminal charges can bring intense stress in all areas of a person’s life, including professional, financial and family life. This rule applies whether it is a simple DUI matter or a serious fraud or homicide allegation.
2. Get to know the client and his or her life situation and background:
I cannot tell you the number of times that the unique facts of a persons life, or stresses which they are under, strike a note of sympathy with judges when negotiating the outcome of a case, or at sentencing. More importantly these facts can make a big difference with a jury should a person accused with a crime chose to testify in his or her own defense.
3. Work quickly to try to get the person out of jail:
Needless to say, if a person is in jail and hires a criminal lawyer, they are expecting the lawyer to make every effort to gain their release from jail. There are several things that can be done by the criminal defense attorney to make this happen, including motions to set or reduce bail, motions for release on their own recognizance, or, in the case of a San Francisco criminal lawyer or San Francisco criminal defense attorney, a request for supervised release. For some people that own property, a motion to post real estate in lieu of cash is a good way to avoid paying a ten percent premium to a bail bondsman.
4. Consider the effects of a criminal case on a person’s profession, or future profession:
Many convictions can result in the loss of business or professional licenses. Any trade that requires a state license, including hairdressers, nurses, landscapers, and many others, will be in jeopardy if you face criminal charges. Knowing what you are able to accept as part of a plea bargain, or if you are able to plea bargain at all, is critical to making the right choice in your case. Any criminal defense attorney, whether a San Francisco criminal lawyer, Oakland lawyer, Hayward lawyer or other, should be aware of this.
5. Remember confidentiality:
It is important for a criminal lawyer to understand the privacy of the client. This is especially so when dealing with family members of the person charged with a crime. Family may mean well when asking questions, but unless the client authorizes the attorney to talk about it, anything said about the case should remain private and confidential.
6. Consider any immigration consequences:
Anyone who is not a citizen must be especially careful when facing criminal charges. Any conviction or even an admission without entry of a judgment, can result in deportation, exclusion from re-admission or denial of citizenship. This is unfortunately a highly misunderstood area of the law by many criminal lawyers. Understanding these rules is critical whether you are dealing with a San Francisco DUI attorney, San Francisco criminal lawyer, San Francisco criminal defense attorney, Oakland DUI lawyer, Hayward or any attorney from elsewhere in the country.
7. Communication with the client:
Part of why a person hires a criminal lawyer is to understand what is happening in the case as it goes along. A criminal defense attorney must talk about it with the client on a regular basis.
8. Investigation:
In most cases the client should allow the criminal defense attorney to hire an investigator to interview witnesses. If the police did it to gather evidence against you, why wouldn’t you want to do it in your own defense. It costs money but it would be “penny wise and pound foolish” to skimp on this part of your defense – that is, unless you agree with the police version of the facts.
9. Legal research and motions:
Any San Francisco criminal defense attorney must be sure to understand the “elements” of an offense, that is, what the prosecutor has to try to prove in order to get a conviction. Many times the prosecution cannot do it, but you wouldn’t know it unless you looked at the precise elements. Also many searches resulting in police finding drugs or other contraband are illegal and should be challenged by the criminal lawyer.
10. Negotiation:
The way in which a criminal defense attorney negotiates a case can make the difference in a good or bad result. Bear in mind that not all cases can or should resolve by negotiation. Sometimes your best option is to fight the case all the way to jury trial.
11. Trial
Only about five to ten percent of cases go all the way to jury trial. However for the case that we think we can win, jury trial is usually the best option. On the down side, it is more expensive. That is because it should take intensive preparation for the lawyer. It can be stressful and time consuming for you, the client. But when you win, you walk out the door with no conviction on your record. If the judge and prosecutor refuse to offer you a reasonable alternative, and if you have a workable case, jury trial can be the only smart option. Before a jury is where the true lawyer shines as an advocate. Too many a San Francisco criminal defense attorney and San Francisco DUI attorney has not done enough jury trials, fears going to trial, or has had no success before juries. This is true for attorneys in most locations. Trial should not be rushed into heedlessly. Some cases should not go to trial. But trial should always be an option that you discuss with your lawyer, and your lawyer should appear knowledgeable about the ups and downs of jury trial.


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David Wise is a criminal defense specialist that enjoys writing about topics that assist readers. For more information on this topic, please visit http://www.wisedefense.com