US Criminal Law Attorneys

Choosing a Qualified Criminal Law Attorney

2009-08-25T23:51:00.000-07:00

If you are charged with a crime, you may be facing serious consequences such as hefty fines, jail time, probation, a tainted record, and more. Not having an experienced criminal defense lawyer with a stellar reputation by your side can cost you a lot more than just money.

If you’ve been accused of committing a crime, whether it’s a misdemeanor or felony, your top priority is to prepare for your next scheduled court date. The best way to do this is by immediately seeking the help of a qualified lawyer with extensive experience in the field of criminal defense law. One of the most important criteria when selecting an attorney for your case is “trust.” But how do you know who to trust?

Follow these legal tips to ensure you choose a good criminal defense lawyer who can aggressively defend your legal rights, negotiate with prosecutors to reduce your charges or minimize your penalties, and ensure your interests are fully protected:

DO pick an attorney that practices criminal law

Whether or not your particular case will be settled through a plea bargain or headed for trial, it is vital to choose an attorney who is knowledgeable in criminal law and is able to try your case in front of a jury. Lawyers who have no experience defending criminal cases won’t have a comprehensive understanding of the rules of evidence, will have difficulty identifying the weaknesses and strengths of your case, and will have little credibility to negotiate a good deal for you.

DO watch out for a lawyer that practices in various areas

A lawyer who practices personal injury law one day, divorce the next, and criminal defense after that lacks the experience and knowledge necessary to provide you with the commitment or specialization that your case requires. Only choose attorneys who practice criminal law exclusively.

DO steer clear of lawyers that guarantee a result

If you consult with a lawyer who promises you certain results—particularly before he’s even evaluated your case—immediately cross him/her off your list. Criminal law is complicated and every case is unique. There are no guarantees or simple answers. Any attorney who makes promises to obtain certain results in a criminal law case is not worth your trust.

DO choose a lawyer that can clearly explain your situation and your legal rights

Your lawyer should be able to simply and clearly explain the criminal charges against you, what they entail, your legal rights, what prosecution has to prove, and how evidence can be used against you in court. Your criminal law lawyer should also explain the possible consequences you may face for your charges. And remember, a lawyer should always be direct, honest, and to the point, rather than promising that you will “win your case.”

DON’T bargain shop for a criminal lawyer

While an affordable attorney is a legitimate concern, it should never be the main priority. There are too many things at stake and you need the best attorney who can ensure your rights and interests are fully protected every step of the way. Attitude, compassion, and experience are very important when it comes to choosing a criminal law lawyer.

Many lawyers will quote a flat fee, but this fee is not just for the hours they may work on your case. You are also paying for their skills, experience, and qualifications. Fees are often based on the difficulty of the case and the amount of time the lawyer and staff spend researching and preparing. Expect a larger fee if your case is expected to go to trial.

DON’T be scared to discuss lawyer fees

You have a right to know how much a criminal law lawyer will charge you before deciding to hire him or her. The lawyer should be able to tell you during the initial consultation how much the services will cost you.

DON’T choose a lawyer that can’t answer your questions or address your concerns

Does the lawyer answer all of your questions using language and terms that you can understand? Does he/she return your phone calls and spend time with you going over your case? Are you frequently updated on the circumstances surrounding your case? A good criminal law lawyer should be able to provide you with all of the above services and make you feel relaxed and at ease. If you experience a bad feeling with one lawyer, seek the assistance of another one.

Source: http://www.criminal-law-lawyer-source.com/tips/qualified_defense_lawyer.html

Meeting with a Criminal Lawyer

2009-08-18T23:41:00.000-07:00

The criminal justice system is usually a very scary thing for anyone in the crosshairs of a prosecutor, which makes it only more imperative to be represented by a good lawyer. One way to improve your chances of getting the best lawyer is to be prepared for your first meeting. Otherwise, it can be a big waste of time for both you and the lawyer. First impressions mean a lot, and being unprepared may result in the lawyer not wanting to represent you.

A criminal defense lawyer will want to know who you are and how you can be contacted. The lawyer may also ask for a personal and business background. He or she will clearly want to understand your situation. Thus, you need to write down anything that you consider be relevant background information and have it available for the lawyer. Also bring along any documents that you have, like:

Any documents you received from the court showing your charges and next court appearance date
Your bail papers
If your property was searched, any paperwork the police left
Any documents you think are important to the case for the lawyer to review. If you can get a copy of the police report that will really assist the attorney

Sometimes, a lawyer may also try to facilitate the information gathering process by sending you a questionnaire to fill out in advance. If this happens, be sure to fill out the questionnaire and send it in to the lawyer's office before the meeting. Also send along copies of any available documents that may be requested in the questionnaire.

Some criminal attorneys will ask you to describe the events which occurred. Some will ask you to describe what the police are alleging that you did, before going into the events as you saw them. Criminal actions frequently involve very different events from the perspectives of the police and the defendant.

Before you get too far into a meeting or conversation, the lawyer is going to want to know about possible conflicts of interest. You should bring a list of other employees who may be witnesses or defendants. You should also bring any information that you have. If the lawyer or the lawyer's firm represents anyone on the other side of the fence, he or she will have a conflict and will usually not be able to represent you.

Prepare a list of questions to take with you to your first meeting. You have to feel comfortable with your attorney. Remember that your lawyer is working for you. You want someone who is skilled, but you also have to get along with your lawyer. In theory, no question is too silly to ask. Keep in mind, though, that you do not want to scare a lawyer out of representing you. Questions you might ask a lawyer would include:

What would the lawyer like to see in order to evaluation your case?
What might your other options be?
How many similar cases has he or she handled?
What percent of his or her practice is in the area of expertise that you need?
Does the lawyer usually represent employers or employees?
What problems does the lawyer foresee with your case?
How would the lawyer go about handling your situation? What is the process, including the different stages, arraignment, filing of motions, motions hearing, disposition conference, trial?
How long will it take to bring the matter to a conclusion?
Does the lawyer ever plea bargain? All the time? Never? Either of those answers could be a problem. Some cases likely should be plea bargained. Other cases likely should go to trial.
How would the lawyer charge for his or her services?
Will the lawyer accept a payment agreement for the services that extends beyond the representation?
Would the lawyer handle the case personally or would it be passed on to some other lawyer in the firm? If other lawyers or staff may do some of the work, could you meet them?

Source: http://criminal.lawyers.com/Criminal-Preparing-to-Meet-with-a-Lawyer.html

Understanding DUI and DWI Defenses

2009-08-11T23:37:00.000-07:00

In deciding which defenses could apply in your driving while intoxicated (DWI) case, your lawyer will look at all the evidence produced by the police and interview witnesses. Some common defenses seen in DWI cases include:

Driving Observation Defenses

The prosecutor always relies (sometimes exclusively) on the arresting police officer's testimony about how a DWI suspect was driving, including:

Very slow speeds
Uneven speeds (very fast, then very slow, for example)
Weaving from one side of a lane to the other
Crossing the center line of the highway
Running a red light
Hesitation in going through a green light

A good defense attorney will argue that there are many different explanations for these driving behaviors that don't have anything to do with being alcohol-impaired.

Behavior Observation Defenses

An officer may also testify as to a DWI suspect's appearance and behavior when questioned, including:

Slurred speech
Bloodshot eyes
Inappropriate joking or incoherent speech
Stumbling or not being able to walk very far
Pupil enlargement

Defenses to these observations that don't have anything to do with being intoxicated may include:

Lack of sleep
Allergies
Contact lenses
Stress due to personal circumstances
Medications
Foods recently ingested
Nervousness over being stopped by police
Physical impairments

Field Sobriety Test Defenses

When an officer suspects you may be too intoxicated to drive, he or she will likely ask you to perform what are called "field sobriety tests." These tests are designed to assess your physical and mental alertness, and can include:

Walking a straight line
Walking backwards
Reciting the alphabet, frontwards or backwards
Standing on one leg

Officers also sometimes rely on what's called a "nystagmus" test, in which the suspect is asked to shift eye gaze from one side to the other while the officer shines a light in his or her eyes. The theory is that the gaze of someone who is impaired by alcohol or drugs will be jerky rather than smooth.
The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries - or simply aging -that make it impossible to perform these tasks under ideal conditions.

Your lawyer may cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. Your lawyer may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.

Blood Alcohol Content Defenses

When you consume alcoholic drinks, the alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content ("BAC") can be measured by different tests. In all states, you're presumed to be drunk and unable to safely operate a vehicle if your BAC is .08 or greater. This measurement means that your blood contains eight/ one-hundredths percent of alcohol.

All states have lowered the BAC level defining intoxication to .08, and have "zero tolerance" laws that make it illegal for people under 21 to operate a vehicle with little or no amount of alcohol in their blood.

Many states also have more severe DWI or DUI penalties for driving with a high BAC, which is often defined as a level measuring more than .15 to .20.

Your BAC can be determined from a blood draw, which is often automatically taken if you are involved in an accident and there is a suspicion that you may have been drinking. Your blood will also be drawn if you are taken to the hospital because the police are concerned that you may have had so much to drink that you are in danger of alcohol poisoning and should be hospitalized for observation and/or treatment.

Most DWI suspects have their blood tested by blowing into a breath testing device. These devices can be faulty and not well-maintained or properly calibrated. They can register false results based on your consumption of food and other non-harmful substances other than alcohol or drugs.

Your attorney will likely subpoena police records on how the breath testing machine operates and was maintained and calibrated. Your lawyer may also want to bring in expert testimony that the particular breath testing machine the officer used is notorious for malfunctioning.

Depending on the jurisdiction, another defense to breath testing machines arises when the physical breath tests aren't preserved as evidence, allowing for independent testing later. Your attorney can argue that there's no way to know if the machine that was used was accurate, if your breath samples can't be independently tested.

Many of the defenses against DWI charges require a lawyer's expertise and experience. If you've been charged with DWI, it's important to contact a lawyer right away.

Source: http://criminal.lawyers.com/DUI-DWI/DUI-DWI-Defenses.html

Federal and State Constitutions - why understand them?

2009-08-04T23:29:00.000-07:00

The United States Constitution provides fundamental rights which cannot be denied. All law must comply with the basic fundamental rights and guarantees provided by the United States Constitution. The protections afforded under the Constitution of the United States, as well the constitutions of the various states, are provided to all persons. Any law which violates constitutional law may be overturned through the court system and thus prosecution based upon such law would be prohibited. Courts are routinely asked to determine whether the prosecution of a person would violate Constitutional law.

The following are some very important provisions of the United States Constitution with respect to criminal matters:

The Fourth Amendment prohibits unreasonable search and seizure. It states that a warrant shall be issued based upon probable cause, supported by oath or affirmation which describes the place to be searched and the person or things to be seized. There are many exceptions to the warrant requirement, such as exigent circumstances (an emergency which requires immediate action), consent, and search and seizure incident to an arrest. Some detentions ("seizures of persons") may proceed upon less than probable cause.

The Fifth Amendment provides several critical protections:

prohibition against double jeopardy (you may not be tried more than once for the same offense)

prohibition against self-incrimination (you may not be forced to testify against yourself)

prohibition against deprivation of life, liberty or property without due process of law

The Sixth Amendment provides you with:

the right to a speedy and public trial by an impartial jury

the right to be informed of the law and potential punishment faced for violation of the law

the right to confront (examine at trial) witnesses against you

the right to compel witnesses in your favor to appear and testify at trial

the right to have an attorney for your defense

The Eighth Amendment prohibits excessive bail, excessive fines and cruel and unusual punishments.

The Fourteenth Amendment:

prohibits all States from enacting or enforcing any law which violates the privileges and immunities of the citizens of the United States

prohibits all States from depriving a person of life, liberty or property without due process of law

mandates that all persons are entitled to equal protection of the laws.

States are also prohibited, under Article 1, Section 10 of the United States Constitution, from making any "ex post facto law." An ex post facto law is a law that applies to crimes which were committed before the enactment of the law. Thus, a person can not be prosecuted for violation of a law which was made after the person committed the crime.

In addition to the United States Constitution, each State has enacted its own State Constitution. These state constitutions may provide additional fundamental rights and guarantees.

Source: http://criminal-law.freeadvice.com/criminal-law/federal_state._constitutions.htm

What To Do If You Are Pulled Over For Suspected DUI

2009-07-28T23:22:00.000-07:00

Okay, so you have been pulled over by a police officer. The officer has already asked for your license and registration, which you are required to provide, and begins to inquire about your recent alcohol consumption. Asking how many drinks you had tonight, the officer suspects that you might be intoxicated. What do you do?

Because the Fifth Amendment protects you from self-incrimination, you have the right to refrain from answering any and all questions that the police officer asks you. This means that you do not have to tell the officer how many drinks you had. You do not have to answer the interrogating questions. If you are afraid that you might slur your words or fear your nervousness will cause your speech to stumble, you have the right to remain completely silent or cite your right to refrain from speaking. If you do not say anything, the officer can't testify later in court that you were slurring when he pulled you over. Your refusal to speak can not be held against you.

Do NOT get out of your car unless the officer asks you to do so. First of all, police officers tend to get very defensive if you jump out of the car when they pull you over. The officer doesn't know if you are armed or what your intentions are when you suddenly flee your vehicle, therefore it is not wise to give them the wrong idea. If the officer orders you to get out of the car and asks you to perform any number of field sobriety tests, you are not required to complete any of these tests.

Field sobriety tests are NOT the same as chemical testing which is discussed below. Field sobriety tests check for coordination and balance--acts people don't normally perform sober or drunk--can set you up for failure. In most states, you are not required by law to complete these tests and refusal to comply cannot be held against you. While these strange exercises are called “tests” to give them the feel of authority, they are merely subjective tests which are performed to give the police officer more “proof” that you are under the influence. No matter how well you perform these “tests” they can be manipulated and used against you in a court of law. Why incriminate yourself through ridiculous roadside stunts?

The breathalyzer is a device used by the police to determine your blood alcohol content. The accuracy of these tests is suspect. They do not always provide correct information about one's level of intoxication. All states have what is called an Implied Consent Law . The government has decided that when you obtain a driver's license, it is a privilege that comes with certain implicit obligations. By obtaining a license, you (unknowingly) have agreed to submit to chemical testing of your blood, breath, or urine, at the request of a police officer. If you refuse to comply with chemical testing, such as the Breathalyzer, you will receive automatic vehicle sanctions. Usually your license will be automatically suspended for failure to comply with chemical testing.

Currently all states, besides Nevada, automatically revoke a person’s license for refusing to submit to chemical testing. Some states have enacted harsher penalties—including jail time and revoked registration—for refusing to submit to chemical testing. In some cases, however, it may be in your best interest to refuse DUI breath tests and other chemical testing to avoid harsher penalties or inaccurate results. You may wish to speak with a qualified criminal defense attorney in your area about your state’s laws and the best way to approach chemical testing.

So you may submit to chemical testing of your blood, breath, or urine. While there are benefits and drawbacks to each method of chemical testing, breath tests tend to be the least reliable method. Blood tests tend to be the most fair and accurate tests, though these are not always offered to a suspect. If a chemical test shows that you have a blood alcohol level of 0.08 or greater, this is enough to prove that you are legally intoxicated and you may be arrested on criminal DUI/DWI/OUI charges. There are circumstances where a lower BAC may elicit a DUI arrest.

While you must submit to chemical testing, these tests are not infallible and do not necessarily mean you will be convicted of a DUI. If you are charged with a drunk driving offense, it is vital that you speak with a qualified and experienced attorney as soon as possible. In some cases a DUI attorney can have the record of your chemical testing suppressed so that it is not even presented as evidence in your case. Your DUI attorney may be able to show that your chemical test was not accurate and have the results deemed inadmissible in your case. In any case, it is wise to have a competent and experienced DUI attorney on your side. To learn more about drunk driving and DUI laws in your area, please contact a qualified DUI attorney near you.

Source: http://www.criminal-law-lawyer-source.com/tips/pulled-over.html

What is Criminal Law?

2009-07-26T23:15:00.000-07:00

Criminal Law is the name given to the branch of law that governs an individual's relationship to the state. It includes the definitions of criminal offenses, which are usually established by Congress or state legislatures. The term "criminal law" also encompasses the rights of an accused and the criminal process, including arrest, arraignment, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, evidence, motions, and posttrial remedies. The main purpose of the criminal law is to set forth the punishment for criminal offenses. In order to prove any crime, no matter how serious, the prosecutor must prove that the accused committed a guilty act with a guilty mind beyond a reasonable doubt. Please read on to find a criminal defense attorney, criminal lawyer, criminal attorney or to learn more about criminal law.

Source: http://criminal.lawyers.com/

Detention VS Arrest

2009-07-26T23:12:00.000-07:00

Law enforcement officers have the right to investigate circumstances when there are facts which, together with reasonable inferences drawn from those facts, warrant further investigation. Thus law enforcement officers may temporarily stop a person in a public place (without transporting the person to another location) for the purpose of (1) requiring the person to justify his/her presence and activity in the location and (2) to identify him/herself. The stop may be accompanied by a "patdown" search for weapons. This enables law enforcement officers, with minimal upset to public tranquility and intrusion into personal rights, determine whether they should arrest a suspect, investigate further or take no action because their initial suspicion proved groundless.

An arrest occurs when a person reasonably believes he is not free to leave due to the actions of law enforcement officers. Once an arrest has occurred and questions are asked, law enforcement officers must provide Miranda warnings (the right to remain silent, the right to an attorney, etc.). However, if no questions are asked (other than questions to determine basic biographical information such as name and address), the warnings need not be given. Be aware however, that even your address can be totally incriminating in a domestic violence case.

Source: http://criminal-law.freeadvice.com/criminal-law/detention_arrest.htm

Interviewing a Criminal Law Attorney

2009-07-25T23:04:00.000-07:00

Once you have identified a handful of lawyers who might suit your needs (perhaps they are in your neighborhood, or specialize in a certain type of case), you may be able to set up an initial consultation on the telephone so that you can ask some preliminary questions before you commit yourself to a formal, in-person interview. Ideally, the answers you get will help you screen candidates until you have only a few lawyers to interview. To help you choose a lawyer, it might also be a good idea to write down any answers you get. You can compare the answers to help you choose the lawyer(s) you would like to interview.

Some initial questions you might ask include:

Does the lawyer provide a free consultation? If the lawyer charges for an initial interview, how much does it cost? How long is the initial interview or consultation?
What type of fee arrangement does the lawyer require? Can you negotiate the fees? Additional information about legal fees and costs may help you ask additional questions on this topic.
Has the lawyer handled similar cases? What percentage of the lawyer's cases are similar to yours? When was the last time the lawyer handled a similar case?
How long has the lawyer been in practice? Where is the lawyer licensed to practice? Has the lawyer been investigated or disciplined before by state licensing authorities? If so, for what?
Can the lawyer provide references from other clients?
If the lawyer cannot handle your case, can the lawyer provide references to other lawyers?
What type of information should you bring to a meeting with the lawyer?
What is the range of possible outcomes for your case, including rough estimates of time and cost? Based on your brief description of the problem, your lawyer may be able to provide some general estimates.
Will the lawyer handle the case or will others work on it also?
What type of caseload does the lawyer currently have? What is the scope of the lawyer's existing commitments? Will the lawyer have sufficient time to devote to your case?

If you are able to narrow down your choices, you should be able to make an appointment with a lawyer to discuss the case in detail. During the initial interview you will likely be asked about the specifics of your case. In order to prepare for the meeting, you should gather all the information (documents, contact information) pertinent too your situation. You will want to bring those materials, along with a set of questions about the legal relationship you may have to the meeting.

7 Things to Consider When Hiring a Criminal Attorney

2009-07-24T23:21:00.000-07:00

If you are facing criminal charges, it is imperative that you consult an experienced criminal defense attorney immediately. Having a skilled, aggressive criminal defense lawyer on your side may be the difference between a prison sentence and a reduced or dismissed criminal charge. When searching for the right criminal lawyer, it is important to take into account the following considerations:

1Criminal Conviction Can Affect Your Future
A criminal conviction, even if it seems minor, can haunt you for the rest of your life. Having a criminal record may affect your future social, educational and career opportunities. That is why it is crucial to hire an experienced criminal law attorney who will thoroughly investigate your case and aggressively fight to get your charges reduced, if not dropped altogether.

2Don't Waste Time, Time Is Freedom
If you have been charged with a crime, don't waste time by waiting around to see what happens. In most cases, the sooner an attorney gets involved in a criminal investigation, the better the results will be for the defendant. An experienced criminal defense attorney will evaluate every detail and every shred of evidence to find out exactly what happened. The longer you wait, the higher the chance of the evidence becoming contaminated or altered or key witnesses forgetting exactly what happened.

3You Need an Attorney that Specializes in Handling Cases Involving your Charge
It is important to hire an attorney that specializes in defending the rights of individuals charged with your specific crime. For instance, if you are arrested for drunk driving, it is important to hire a qualified, experienced DUI attorney who understands the laws associated with driving under the influence and will be able to identify any loop holes that will help get your charges reduced or dismissed.

4You Need an Attorney that is Familiar with Local Court Customs and Procedures
It is critical to hire a criminal defense attorney who is familiar with the local court customs and procedures where you were arrested. Local defense attorneys will also be familiar with local prosecutors and will have a better chance at negotiating a deal to reduce your charges or lessen your sentence.

5Open Communication is Key
It is important to have open communication with your criminal defense attorney, beginning with the initial consultation, so you have a clear, realistic understanding of the situation and your possible punishment. When choosing your attorney, make sure you feel comfortable with him or her before making a commitment to move forward.

6A criminal Defense Attorney Can Save You Money
A criminal conviction can cost a lot of money in fines, penalties and restitution. That is why it is important to have a qualified criminal defense attorney on your side who may be able to get your charges and fines reduced.

7Even If You Are Guilty, A Criminal Defense Attorney Can Still Help You
Even if you did commit the crime and all the evidence points to you, it is imperative to contact a criminal law lawyer who will serve as your advocate. After thoroughly investigating the details of your case and negotiating with the prosecutor, it is highly likely that a criminal attorney will be able to get your charges reduced and your sentence lessened.

Source: http://www.criminal-law-lawyer-source.com/

What Do Criminal Law Attorneys Do?

2009-07-22T22:57:00.000-07:00

Unlike civil law, which involves private law suits between two or more private entities, Criminal Law Attorneys represent clients who are being prosecuted by the state or federal government for an act that has been classified as a crime. With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea) and the intent to do social harm. Crimes are classified as misdemeanors--less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana, and felonies--more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder.

In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. But, the prosecutor in a criminal law case has to prove to the judge or jury "beyond a reasonable doubt" that the defendant is guilty of the crime charged.

Source: http://www.lawinfo.com/fuseaction/Client.lawarea/categoryid/12