Criminal Attorneys

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

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

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