Criminal Attorneys

The Role of the Paralegal or Legal Assistant in the Criminal Justice Field

admin — Sat, 28 Aug 2010 10:21:05 +0000

Paralegal or Legal Assistant is an exciting profession in the Criminal Justice field. It is hard to imagine a law office without a paralegal. They can be described as the right hand of the lawyer. In this article I examine the role of the paralegal or legal assistant in the criminal justice field.

The legal assistant as the name suggests is there to assist the lawyer. It is vitally important to know that the paralegal cannot give legal advice or act as a lawyer. What the paralegal does must be under the supervision of a lawyer. The paralegal can do the following under the watchful eye of a lawyer:

1. The paralegal can conduct client interviews. They must identify themselves as paralegals to the client before starting the interview. In this instance, the legal assistant helps the lawyer ascertain the facts of a case by talking to the client. This saves the lawyer valuable time. The lawyer can use that time to work on strategies for the case.

2. The legal assistant can locate and interview witnesses. If you watched the movie Erin Brockovich, you saw Julia Roberts play the role of a paralegal that locates and interviews clients. In one of the scenes, she clearly states that she is not a lawyer. This underlines the point above that paralegals cannot give legal advice. It also underlines the point that they identify themselves as such.

3. Legal assistants can research and prepare legal documents. Paralegals do acquire the training and experience necessary to prepare legal documents. All the lawyer has to do is double check the work to make sure it meets the legal requirements that such document requires. Again, I don’t have to tell what a valuable timesaver this is to a lawyer.

4. The paralegal can attend court trials. In this case, they help the lawyer with the case files. This way the lawyer is not fumbling in court looking for files or evidence. The paralegal is there to keep him or her organized.

I can write more volume on the role of the legal assistant or paralegal in the criminal justice field, but you get the point. It is indeed an exciting profession. Think of all the intriguing things that can be involved in a legal case. As a paralegal, you can be in the middle of it all.

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By: Kenneth Echie

Criminal Lawyers Defend Clients in Federal and State Courts

admin — Fri, 27 Aug 2010 13:26:20 +0000

Within the legal system of the United States lawyers act as advocates and advisors. As advocates they represent clients in civil and criminal trials, presenting evidence and arguing on their behalf. As advisors they counsel clients about their legal rights and obligations. Most lawyers concentrate on either civil or criminal law. Criminal lawyers represent people who have been charged with crimes. Civil lawyers help their clients with all aspects of business and personal life not covered by criminal law.

Criminal lawyers represent clients who are faced with any of dozens of different types of crimes, from aiding and abetting to homicide to theft. Federal laws, which apply in all states, govern many crimes. But other crimes are covered by state laws, which vary from state to state. That’s why it’s important for a person charged with a crime to find a criminal lawyer in the state in which the crime is being prosecuted. Someone in Miami or Fort Lauderdale, for example, should choose a Florida criminal attorney. In San Francisco or Los Angeles, a California criminal attorney will be in the best position to defend a person accused of a crime.

Criminal attorneys may specialize in particular types of crime. White collar crimes, for example, are financial crimes that people of high social, professional, or economic status commit in relation to their professions. A typical crime involves deception but not violence. White collar crimes such as bribery, embezzlement, insider trading, public corruption, identity theft, forgery, money laundering, and fraud overlap with the area of corporate crimes. Within the broad area of fraud there is corporate fraud, healthcare fraud, mortgage fraud, insurance fraud, bankruptcy fraud, and hedge fund fraud, and government fraud, to name a few. Recent crimes investigated by the F.B.I. include adoption scams, celebrity memorabilia fraud, staged auto accidents, options backdating, computer fraud, and environmental crimes.

Anyone who has been charged with this kind of crime should contact a criminal attorney as soon as possible. Whether or not they are convicted, people accused of white collar crimes often suffer from negative publicity and the resulting loss of reputation, social status, assets, and business. The consequences of conviction are even worse, of course. People convicted of these crimes may face jail time, large fines, forfeiture of assets, home detention, supervised release, and/or restitution to victims of the crime. Criminal attorneys who specialize in white collar crimes have the experience and knowledge to protect the rights of the accused. A criminal attorney can help the accused avoid or mitigate charges by gaining a dismissal or winning if the case goes to trial.

Rapid advances in computer technology make white collar crimes more feasible. In fact, white collar crimes are on the rise in the United States. In recent years arrests for violent crimes have decreased, but arrests for fraud and embezzlement have increased. The F.B.I. estimates white collar crimes cost the country more than $300 billion each year. As Americans become more concerned about white collar crimes, judges and juries are becoming less lenient in convicting and punishing them.

By: Chris Robertson

Orange County Defense Attorney Firm

admin — Thu, 19 Aug 2010 23:38:25 +0000

Orange county criminal defense lawyers play the dominant role in the market. Criminal lawyers play the essential role in the market and huge number of clients who are involved in the activity of criminal. The responsibility of criminal defense lawyers pertains to be higher. Orange county criminal defense attorney provides excellent services to the client for reasonable prices. Criminal defense lawyers are available in more numbers and they provide service with regards to proper guidance and profession. Orange county criminal attorney will handle all kinds of criminal cases of the state clients.

Criminal defense lawyers comes under different categories and they are categorized as Orange county DUI attorney, Orange county defense attorney, Orange county Burglary Attorney, Orange county DMV lawyer, Orange county Abuse attorney, Orange county dui attorney, Orange county Felony attorney, Orange county Drug lawyer and many other kinds of criminal lawyers are available in the market. Orange county criminal defense lawyers are licensed lawyers and they provide lawyer service. Each defense lawyers follows some of their procedures and finally makes the people to be relived of the crime. Criminal lawyers defend the criminals for reasonable and affordable price consideration.

Orange county criminal lawyer are available in all over the states and they all provide the excellent services either individually or group. Criminal defense lawyers team helps to defend the clients who are arrested has criminal under court of law. The arguments and proceedings of the criminal defense lawyer will be different from individual to another. With regards to various statute and laws of the state and federal government, criminal defense lawyer will handle the case differently. Generally, orange county defense lawyer should have obtained license in the state to perform the function of defense lawyer.

As per the responsibility, the orange county defense attorney will perform the service as per arrestment of the client for the criminal activity. When the client has been arrested for any accuse, then the client will be defined under category wise. In Orange County there are huge number of defense lawyers available and each attorney compete with each other. Defense lawyers are the person who represents themselves for the criminals or accuse and they works legally and lawfully for the clients of different states. Generally, defense lawyer satisfies the requirement of the client and enables the client to come out from the site.

By: Ron Victor

Criminal Defense FAQs

admin — Tue, 17 Aug 2010 19:08:40 +0000

If you are facing criminal charges, you know that the legal system can be very confusing and stressful to try to navigate. Partnering with a skilled lawyer is the best way to relieve the anxiety associated with your situation. Below are a few frequently asked questions to assist you in better understanding the issues surrounding the charges brought against you:

What is the difference between a misdemeanor and a felony?

Misdemeanor charges have fewer consequences than felony charges and are often thought of as less serious offenses. Although misdemeanor charges are punishable for a prison term as long as one year, the fines and prison term for a misdemeanor are much less than those for a felony. Both misdemeanors and felonies appear on a criminal record, which may negatively impact your ability to be hired for a job, to be approved for housing, and other things of that nature. Disorderly conduct, public intoxication, DUI, theft, vandalism, and drug possession are all examples of crimes that result in misdemeanor charges. Felony charges usually lead to prison terms of over a year and higher fines. Felony charges range from charges of treason, murder, rape, kidnapping, and robbery.

Is it okay to talk to my family and friends about my criminal charges?

No, it is not advised to discuss any of your criminal charges with family or friends. Your attorney is the only person that you should be speaking with about important legal matters. Anything that you say about the charges brought against you can be used against you later in a court of law. From the moment you’re arrested, everything that you say from that point on can be used as evidence against you, so it is crucial that you be very careful when speaking to others. Contacting an experienced lawyer immediately is the best way to protect yourself from saying anything that might incriminate you.

If I plan on pleading guilty do I still need an attorney to represent me?

Yes. Although you may wish to plead guilty to the charges brought against you, the assistance of a lawyer could mean the difference between you spending a year in jail and only having to complete several weeks of community service. There is a wide range of punishments and penalties for crimes and a knowledgeable attorney has the experience to ensure that your punishment is minimized.

Do I have to testify in court?

No, you are not required to testify in court, however, it is your right to do so if you choose. Speaking with a lawyer will help you decide whether or not testifying is the appropriate action to help your defense.

By: Joseph Devine

How DUI Attorney Can Help You Facing DUI, DWI Or Similar Charges?

admin — Wed, 28 Jul 2010 22:18:19 +0000

A DUI Attorney Can Help Your Case

If you’ve been charged with a DUI, DWI or other drinking and driving charge, you may have a staggering amount of questions.

Depending on your state, blood alcohol content, criminal history and other considerations, drunken driving charges can carry penalties ranging from:

Probation Suspension of driving privileges Community service Jail time Thousands of dollars of fees
Having a lawyer on your side can probably help take the confusion and frustration out of the process and possibly reduce your punishment.

Do I Really Need a DUI Lawyer?

You may feel that the case against you is hopeless but you do have the right to a defense. Even if you do not pursue a trial, an attorney may help lower the penalties that come with a guilty or no-contest plea.

And consulting with an attorney prior to your arraignment may give you the confidence you may need after you DUI arrest.

An attorney may also find processing errors, lack of probable cause or other circumstances in which your case could be dismissed.

How Do I Choose the Right DUI Lawyer?

It is important to find an attorney who makes you feel comfortable. There are many variables to consider, but finding a lawyer who is qualified and experienced in DUI cases is essential if you choose to fight your drunk driving ticket.

Many attorneys offer no-obligation consultations.

Where Can I Find a DUI Attorney?

If you’ve been charged with DUI, you may feel that you have nowhere to turn. A local attorney who specialized in this law area may be your best asset in fighting your ticket.

As more and more attorneys move from traditional (and costly) advertising sources like the phone book and TV to the Web, you can now find an attorney in your area in just a few clicks.

By: Kevin Kobchaipanich

Know About Attorney in DUI Cases

admin — Sat, 24 Jul 2010 08:33:35 +0000

DUI prosecutions are motivated by issues that are not based upon constitutional fairness or equity. Like all attorneys, they are bound by ethical duties and a high standard of “fair dealing” with all litigants in our adversarial legal process. Often, the heat of battle causes these officials to become both political and competitive. When this occurs, justice does routinely suffer at the hands of a prosecutor’s vanity or ego, or outright criminal misconduct.

Lawyers must periodically stand for election. Many are first appointed to their posts by the governor of their respective state to act as the county or state attorney given the responsibility for accusing and prosecuting crimes within their jurisdiction. When it is time for re-election rolls around, an opponent seeking to replace the prosecutor may investigate the actions of the incumbent in dismissing cases, reducing cases or noteworthy cases at trial. A high profile trial can end the tenure of a successful and diligent state or county attorney. Los Angeles County, California is probably the best known place for this to occur in the United States. Hence, the pressure to “win” will always loom over the lawyer’s office. Case dispositions are public records, for mostly all criminal cases. Combing the prior files for unusual or inexplicable outcomes favoring persons charged with DWI can be a large part of an opponent’s political attack on the current office-holder. This political tension, coupled with attorneys’ inbred desire to “win”, creates a rocky slope for defense attorneys to negotiate as the case goes to trial. In the late 20th century and in the current century, numerous states have passed legislation that intends to create a crime for prosecutors within the state to reduce or dismiss a DUI-DWI charge. Kentucky and Oregon have such statutes, and many cases are needlessly tried due to the legislative edict that threatens any prosecutor who negotiates a marginal case with becoming a criminal defendant from doing so. Such legislative overreaching is an improper misuse of the legislative process, and a constitutionally a questionable practice. To say that every DUI-DWI case made by the officers of these states is a good, solid case is ludicrous and yet such laws are politically expedient.

Like other jobs, relationships are built and experienced DUI lawyers can approach an ethical and principled district attorney or state’s attorney with a proposal for a reduced charges or dismissal of charges in a pending DUI case. Knowledgeable attorneys in the drunken driving defense field will know which prosecutors to trust and which ones not to trust. Being able to find a “winning” defense or a flaw in the prosecution’s case, and then to be able to use that as a negotiating tool to avoid the risk of trial is generally limited to DWI lawyers who work in this field on a daily basis. Some prosecutors would listen to the presentation once and immediately “fix” the problem by amending the accusation or information or possibly by locating an essential witness whose name was not known prior to the conversation with defense counsel. They know no loyalty and will not have moral compass. They want to win more than they care about fairness, much less their tarnished reputations in the future. Criminal defense lawyers who handle criminal law matters every day quickly learn who these people are, and never trust them with any pre-trial “disclosures”. Other prosecutors are highly honorable people who will “do the right thing” when confronted with a loser of a case, based on some latent flaw or defect in the case.

By: Ron Victor

Criminal Defense Or Personal Injury Attorney – When is it Time to Call One?

admin — Fri, 16 Jul 2010 04:41:33 +0000

There are times when accidents happen through a series of events that are no one’s fault. Acts of God, inclement weather or your own mishap of coordination can sometimes result in some injuries. Other times, someone else’s negligence or aggression are the cause of pain and personal suffering that is just plain unfair. A personal injury attorney can balance the scales and allow compensation for the victim.

Personal injuries can occur in accidents involving automobiles, a commercial establishment, and a home, at work, on a farm or during a recreational outing.

In the cases involving cars or other modes of transportation, an accident that has resulted in injury due to negligence on the part of another driver are examples of unfair injuries.

A commercial facility such as a restaurant, day care center or a retail shop has a responsibility to the public that it serves to oversee the safety in their establishment. Food should be safe to eat, walkways should be free of slippery spills and hazards, and the employees should be trustworthy. Play structures at a day care facility should be safe for young children as well as properly monitored.

An injury may occur in someone’s home due to negligence, faulty construction or even an act of aggression on the part of the homeowner. A repair person or contractor may become injured in the home of one of their customers as well.

Workplaces may not be adhering to proper safety regulations and procedures. Their laxity can result in unfair injuries.

Farms have multitudes of machinery that can be dangerous, in terms of broken bones and loss of limbs or fingers, if not properly utilized and maintained. Amusement parks and sporting events provide entertainment and recreation but they are also the settings for hazard and need to be maintained and monitored by those who are in charge. All equipment should be kept up to the highest degree of safety codes possible.

If you’ve been unfairly injured, there are time constraints pertaining to each case. It would be wise to contact a reputable personal injury attorney as soon as possible in order for proper documentation to take place. Time constraints will vary depending on the circumstances, and your attorney will know what to do and when to act in order to meet these deadlines.

In some cases, insurance companies pay benefits to accident victims. Your attorney will be able to guide you and represent you against insurance companies, who are notorious for paying out as little as possible in claims.

If you think it may be time to call a personal injury attorney to address an unfair dose of pain and suffering that has been inflicted on you, it’s best to act rapidly. Call today to make an appointment for a consultation to discuss your rights.

By: Andrew Stratton

Criminal Defense Attorneys in Florida – Fight Your Traffic Ticket in Port St Lucie

admin — Thu, 15 Jul 2010 10:15:42 +0000

If you are charged with a traffic violation in Port St. Lucie, the first step to getting the charges dismissed is to hire a qualified criminal defense attorney to defend you. While this may appear to be a daunting task, it doesn’t have to be. You could spend days agonizing over the pages upon pages of criminal defense attorneys in the yellow pages, but there is an easier way. All you need to do is get on the internet and do a general search for lawyers that handle the citation you’ve received that are available in your area. Then, you can read through their web sites, and find out all the information you need to know about their background, and how well they will be able to aid you in your fight.

Fight for your driving record

Too many people take for granted that once they are cited for speeding they must simply pay the fine, and have points put on their driving record. However, in the U.S. court system, everyone is innocent until proven guilty, so depending on how badly you want to avoid being charged with a traffic crime, you should always at least consider attempting to fight your charges. If nothing else, you can at least check out some of the available criminal defense attorneys in Florida. Most law firms offer a free initial consultation, so you can check out your options without wasting any money.

What happens next?

Unless you’re willing to simply roll over and accept the charges that are against you for your traffic violation, then you need to try to fight your traffic ticket in Port St. Lucie. There is no guarantee that you will win your case, however, as long as you choose a qualified lawyer and ensure that you both fully understand your charges and all of your options, you will at least have a chance. And if nothing else, you may still end up paying the fine, but at least you tried to fight to keep your record clean.

By: Alain Rivas

Los Angeles Cerebral Palsy Attorneys

admin — Tue, 06 Jul 2010 01:36:33 +0000

Cerebral Palsy is a broad term that describes a group of neurological disorders, causing a permanent state of uncoordinated movement and posturing. It is the result of an episode that causes a lack of oxygen to the brain. Birth injuries that may result in cerebral palsy are a failure of hospital staff to order, a C-Section birth in a timely manner. CP is also the result of excessive use, of a vacuum extractor, failure to treat seizures following birth, and improper delivery. Victims of cerebral palsy require specialized care and therapy and will need assistance throughout their lives, depending on the severity of the disorder.

Medical malpractice lawyers handle cerebral palsy lawsuits, caused by negligent doctor error and mistakes. Every mistake does not necessarily constitute a medical malpractice case. Doctors, hospitals, and other healthcare providers, are obliged to follow certain standards of medical care in treating their patients. When they fail to do so, and cause injury or even death, there may be a potential medical malpractice claim. An attorney, who specializes in this area of law, reviews the medical records to determine if, in fact, a case for medical malpractice exists. Attorneys ensure that the child will be taken care of in the long term, and the child’s parents are compensated for their emotional suffering.

Each state has its own Statute of Limitations, which means there is a time limit on bringing a malpractice claim. Keeping in mind these variations, it is obvious that sentences will differ from state to state. It is important to first determine how and when the negligence was caused. This step involves detailed scrutiny of private health care providers or public institutions that have worked with the patient. Attorneys practice on a contingency fee. Law firms in Los Angeles can be contacted directly or through referrals on websites.

By: Kent Pinkerton

Tips For Selecting a Criminal Lawyer

admin — Thu, 03 Jun 2010 17:24:55 +0000

San Antonio criminal defense lawyers are available to provide legal representation services, but how do you know which one is the best choice for your particular situation? The Internet has made the process of selecting the attorney that best meets your needs much easier.

After you have narrowed what legal field you need services from, you should compile a list of lawyers that specifically mention providing the representation you seek on their website. For example, if you have a DWI charge you will want to search for attorneys that stress DWI defense on their homepage. Another key factor in your decision making should be experience. You will definitely want to read the lawyer’s bio to see how many years they have been working in criminal law. If you do not see any experience in numerical terms, the attorney might be relatively new to practicing law. If you are not sure, and would still like to find out more about the lawyer, call and ask for more information. Moreover, experience as a former prosecutor is invaluable in terms of helping attorneys understanding both sides of the litigation process and thus being even better prepared for what argument the prosecution will make given the charges at hand.

Another tip for choosing an attorney is to read closely at their advertised availability. Some San Antonio criminal attorneys can be reached 24 hours a day which is especially helpful to those that have been arrested or charged late at night. It is helpful to read any lawyer reviews. If you search for a San Antonio criminal attorney you can usually find some sort of critique either on Google’s new map location feature or traditional search. One last tip is to meet with the lawyer and see if you feel comfortable with his or her demeanor and credentials towards your current case. Fortunately, San Antonio is home to many upstanding lawyers who will vigorously defend your rights and interests. Still, you do need to put in some research to decide whether the South Texas lawyer you choose has the qualifications to provide excellent representation against your charges.

By: Johnathan Davidson