Major Types Of Lawyers
February 3, 2010 | Leave a Comment
There are a lot of different types of lawyers out there today. For the most part all of the attorneys will fit into two main categories, the civil case lawyers and the criminal case lawyers. We will for the most part be discussing the types of civil attorneys, but we will speak about the criminal ones as well.
The first thing on the agenda for today is to define the difference between civil law and criminal law. Criminal law is defined as a set of laws that have been set forth by the governing body or government of a place to protect its people and land. The main thing being that the government enforces these laws instead of the private sector such as in civil cases. Civil law is more for those instances when an at fault party does damage to you or your property and you want damages paid to you for those things.
Now that the definitions are taken care of let us take a quick second to examine the different types of criminal attorneys. The two main categories of criminal law lawyers are the defense and the prosecution. Some common examples of this would be a public defender and a district attorney.
Now on to the civil case attorneys, there are two main categories much the same as the criminal case attorneys. The two major categories are the attorneys who deal with divorces, trusts, property disputes and wills. This civil attorney spends little time in the courtroom and more time doing paperwork. The reason that this happens is because most times the two parties involved come to an agreement long before the problem goes to court. This type of attorney also hands contract and employee disputes.
The other type of civil attorney is the personal injury attorney. A personal injury attorney will take cases that have to deal with individuals being hurt or killed by the negligence or abuse of another person or company. Personal injury attorneys make up most of the law firms in the world today.
We have only talked about the major types of attorneys out there. There are literally hundreds of little sub categories that only deal with certain cases.
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Don’t Ever Speak With The Cops
February 2, 2010 | Leave a Comment
In theory I think that we all know we shouldn’t talk to the cops. In some sense, the cops are like gigantic younger brothers and sisters. They play nice, want to be your friend, but the minute you tell them something that can get you in trouble they run off to mom and tell. But we can’t not talk to the cops. Trust me. I know. I’m a Seattle DUI lawyer and my clients talk all the time.
And I also know how hard it can be not to talk. In many instances people just don’t understand what they are doing. They think the cops are truly “investigating” and not out looking for somebody to arrest. And they let the police officers take advantage of their authority in bad ways. But I’ve got some information for you I think might help.
First things first, you are not some great persuasive mind. You can’t make the cops bend to your will, or fake them out into believing that you are completely innocent and should just be let go. The cops want to arrest you. The more you talk, the more information they get, and the worse it is for you. Just be quiet.
Along the lines of not being able to talk your way out of a problem is the you can’t outsmart the cops. At least not at this stage of the game. If they want to talk to you, they know something about you. They are trained to get information that will help their case. And, usually, you are trained in hiding that information. Staying quiet just stops this entire process.
Next, contrary to what the cops might say or try to lead you to believe, the quieter you are, the less trouble you are in. The old “why not talk if you have nothing to hide” spiel only works if keeping quiet can hurt you. It can’t. And if you have nothing to hide, you shouldn’t have to defend yourself either. Staying quiet works. And it can’t be used against you later.
In the end, the choice to remain silent is going to be up to you. It will be hard. The cops know how to pressure you to get you talk. They know how to make you feel guilty. They know how to make you scared. Eliminate that. When they start talking you tell them you’re not talking and demand to speak with a criminal attorney.
Learn more about fighting off the cops with a Seattle DUI defense attorney. Visit our site to learn everything you need to know about Seattle DUI law and what you can do to prevent a DUI charge.
Placer County Criminal Attorney Is A Need For Your Case
January 31, 2010 | Leave a Comment
It seems that as the world changes, it becomes harder and harder to live without screwing up somewhere. Out of pure ignorance you could be breaking law and not even realize it until it is too late. The need for a defense attorney is becoming more and more necessary every day. People need help to avoid being punished for the crimes accused of them, whether they are guilty or not. This is where a Placer County Criminal Attorney comes in.
If you are in northern California, a Placer County Criminal Attorney makes it so that you are properly represented in court. They will ensure that you will be defended and your rights will be honored until proven guilty.
The Placer County Criminal Attorney is also known for being an expert in handling DUI cases. The attorney can fully educate you about the laws and other pertinent information that you should know about DUI laws.
If you would be able to settle with the right Placer County Criminal Attorney, then you can lessen your chances of getting into jail, suffering probation, getting your license suspended, and even a dismaying criminal record.
There are lots of ways for you to find a criminal attorney in Placer County. Take a look online for Attorneys that are in your area. If you live in Northern California, look for a Placer County Criminal Attorney. Check for experience in your issue as well as reviews on the quality of the attorney.
Being accused can bring a lot of stress to you and your family. The fear of jail time can really make you fear the complexities of the law to a point you want to give up. Your attorney should recognize this and make your case provide as little stress to you as possible.
Having the right people on your side can make the biggest difference in your experience. Not only can he make the process easier, but he maybe able to help your case to a point where you avoid the worst outcomes.
Don’t go to court without a professional help from a trained and experience defense attorney. It is certain that having an attorney can have a positive outcome on your case.
Don’t go to court in Northern California without trained council on your side. Whether you win or lose, guilty or not guilty, your battle with the law will be much easier with a Sacramento defense attorney, or Placer Country criminal attorney working with you.
Finding A DWI Lawyer San Antonio
January 28, 2010 | Leave a Comment
If you find yourself facing criminal charges for a DWI, your mind is probably racing trying to figure out what to do. Instead of guessing about what course of action you should take, consult with a DWI lawyer near you about what options you have. Most of the time, the DWI will discuss your situation with you by phone without charging you anything up front.
Selecting a DWI attorney who is right for requires understanding what experience the potential lawyer has with defending DWI cases like yours. The more you are able to learn about your prospective lawyer’s history with DWI cases, the more comfortable you can be that you hired the right person for the job. Plus, by learning about your lawyer, you can be confident that you are hiring someone that will put you in the best position possible.
Hire a DUI attorney you can count on. DWI attorneys specialize in handling DWI cases. They are familiar with the complexities of taking a DWI case all the way to trial. This is something that your average criminal defense attorney may not be familiar with.
An attorney who focuses on handling DWI cases may have unique expertise in defending your DWI case. That is why it is critical to understand your prospective attorney’s past experiences in trying drunk driving cases. You will also want to discuss what fees the lawyer charges for his services. There are different fee arrangements available, and you should know which types the lawyer you are considering offers.
DWI litigation can be very complex. You want a DWI attorney that’s going to make the prosecution prove their case. They will have the knowledge, skill, and experience to challenge the evidence and raise all likely and legitimate defenses. Usually, the additional costs associated with hiring a lawyer who practices DWI defense will outweigh the risks of hiring a less experienced attorney or handling the matter on your own.
After you’re arrested for DWI, your best bet is to discuss your circumstances with a DWI legal professional. Learning what action you should take, will set your mind at ease and provide you with the best opportunity to obtain the best outcome possible.
DWI Law Firm SA has experience handling all types of criminal defense cases. In particular, DWI Law Firm SA focuses on all levels of criminal defense from DWI defense to capital murder.
NJ DWI Sentence May Be Effected By Prior Breath Test Refusal
January 27, 2010 | Leave a Comment
A question was recently answered by the New Jersey Appeals Court about what effect, if any, a prior breath test refusal may have on a subsequent DWI conviction. Can the prior refusal “count” as a violation for sentencing?
In New Jersey, there is a long-standing precedent that in circumstances like the one presented on appeal, the prior offenses are not to be considered in making a sentencing determination. Since this established precedent required that these offense not be taken into account, the lower court did not sentence the defendant as a third-time offender, but rather, only imposed a sentence appropriate for a first-timer.
The Appellate Court did not agree with the lower court’s reasoning. Instead, the New Jersey Appellate Division adopted the state’s position that the defendant should have been sentenced as a third-time offender based on the earlier offenses. This ruling constitutes a significant change from the established precedent. According to the decision, a prior refusal conviction now is not treated any differently from a prior conviction for DWI in determining sentencing for subsequent DWI convictions.
The Appeals Court found that there is no distinction made in the statute between a prior refusal and DWI conviction for the purposes of sentencing on subsequent DWI convictions. The Court came to this conclusion based on the plain language of the statute. Specifically, the Court noted that the terms offense and violation were not limited to the definitions provided under the specific section relating to the sentencing. Therefore, any DWI violation or offense, prior conviction for a DWI or merely prior conviction for a refusal, must be considered for subsequent DWI sentencing.
With this ruling, individuals that are arrested for DWI in New Jersey need to be aware of the potential consequences. Refusal of a breath test may be used to determine which sentencing rule is used in your case. This is yet another example of why talking to a criminal defense lawyer first, is critical to making the right decision.
In New Jersey, drunk driving and refusal carry some of the nation’s toughest penalties. If you are convicted, you may lose your license, face stiff penalties and even go to jail. Call an seasoned new jersey dui lawyer today. Contact our office online today. Our New Jersey dui lawyer will do everything he can.
Hiring A Seattle DUI Attorney Five Things To Look Out For
January 20, 2010 | Leave a Comment
Facing a Seattle DUI charge can be a frightening experience. You probably haven’t been in a lot of trouble before and the entire process can be daunting. You know you need a Seattle DUI attorney, but you don’t know how to find one. You know there are good ones and bad ones out there but don’t know how to tell the difference. This article should help. Continue reading for five red flags to watch out for when hiring a DUI lawyer.
The initial red flag that should pop up for you is experience. If the DUI lawyer you are considering has no experience, or very little experience, there is a good chance they aren’t going to be able to deliver the results you deserve. In my opinion, three years is the minimum level of experience needed to adequately handle your DUI case.
Second, if someone quotes you a price for their services that is way below all the others that you’ve heard, that should be a red flag. The time and effort it takes to defend a DUI case is fairly substantial. To get the results you deserve, you need to have someone that can spend time on your case and owes you that because you’ve paid them fairly. Cheap legal services equals cheap legal results.
After that, a warning sign can arise at the meeting with the lawyer. Do they give you anything explaining the process and what you need to do moving forward? If they don’t, beware. It can mean they either don’t do a lot of criminal work, they don’t care about their clients, or they see you as a payday, not as someone that needs help.
Fourth, they try to talk you into an hourly billing arrangement. Most civil lawyers bill hourly. Most criminal lawyers bill on a flat fee basis. This allows you to control costs while getting the best help possible. It also reflects the expertise that a specific criminal attorney may be bringing to the table. Hourly fees are often a sign of big bills to come.
Finally, ask them about their case load. It is impossible for one person to have more than 15 to 20 cases at one time without sacrificing work quality of at least some of those cases. And unless you know how they work, you can’t be sure your case isn’t the one getting shorted. High volume usually equates to low service in the DUI industry.
Finding a Seattle DUI attorney doesn’t have to be a difficult process. You can find someone that you can trust and will do a good job for you. Watch out for the warning signs, though, to avoid a mess on top of a mess.
Looking to find the best deal on a Seattle DUI attorney? Then visit us to find the best advice on hiring a Seattle DUI lawyer for you.
Your Right To Silence Explained By A Seattle Criminal Lawyer
January 19, 2010 | Leave a Comment
People are arrested for crimes every day. Theft, DUI, assault, robbery, even murder. And every day, people get themselves into more and more trouble by talking to the police. For a Seattle criminal lawyer, this is the worst thing that can happen. Read below to learn why.
We all know about our constitutional rights. We were given them by the founders of the country. Some we are very familiar with, like the right to a lawyer, the right to assemble, and the right to free press. And we also generally know about the right to silence, our fifth amendment right. It is one of the most important rights we have.
If you are unaware of what your right to silence is, I’ll explain briefly. Essentially, like the name implies, we have the right to not answer people’s questions. Specifically the government’s questions. And even more specifically when answering the questions might get us in trouble. The great thing about this right is that if we stay quiet it can’t be used against us.
Many of us probably haven’t exercised this right. Many of us may never have to. But we’ve all seen it used before on TV. Classically the setting is a courtroom, and there is a person testifying about something he’s going to get in trouble for later. The guy refuses to answer the question, asserting his rights. But, did you know there is more to it than that?
You carry around your fifth amendment rights at all times, 24 hours a day, 7 days a week. And you can exercise them at any time too. Most people think you only get it after Miranda - that is not true. If the cops start hassling you for anything, just let them know that you aren’t going to be answering any of their questions.
So, the next time a cop comes up and starts hassling you, or pulls you over and investigates you for DUI, or tries to ask you questions that you know are going to get you in trouble, shut up. And if the cop persists, demand to speak to a Seattle criminal lawyer before you do anything.
Looking to find the best deal on a Seattle criminal attorney? Then visit our blog to learn what makes up the best when it comes to a Seattle criminal lawyer.
The Sacramento Defense Lawyer And Rights Of The Accused
December 23, 2009 | Leave a Comment
Many lawyers think that representing a client charged for criminal offenses is a difficult case. In any dispute, after all, whether it is in a war, a sport, or a courtroom battle, defense is always more challenging. Those on the offensive seem to have more initiative. On the other hand, those on the defensive side seem to have a limited room for maneuvers.
That rule holds true in defending people who have been made suspects for crimes. However, in the interest of justice, they still deserve to have their sides heard before the courts decide on their conviction or acquittal. They also have rights that must be respected.
The accused can acquire the service of a criminal defense attorney to represent him in the court. His defense lawyer sees to it that the jury will declare him innocent. During the proceedings, his lawyer will make sure that the process will continue to be fair especially for him, especially since he is sure to withstand the worst of a biased trial.
Just like other major cities, Sacramento has its share of urban problems. Definitely, rising crime rates is one of these. Correspondingly, the number of accused of the crimes has ballooned. Because these persons need legal assistance, the Sacramento defense attorney and his expertise are highly in demand.
People, who can no longer take the incidence of crimes, may easily raise an accusing finger at anyone for a crime that he may be innocent of. Definitely, this occurrence means the violation of the person’s civil rights. With a criminal defense attorney, one can see to it that he is exonerated from a crime that did not do.
Being called as a devil’s advocate may be unavoidable because of their job as defense lawyers. However, they stand up for justice and equal rights, which the accused must also enjoy until he the jury hands down his conviction. A Sacramento defense attorney has this in mind as faces the court with his client.
A person facing criminal charges can get the service of a public criminal defense attorney. However, he may only have one who is just out of law school and who has yet to gain experience in actual trials. If he is lucky enough, he may find one who has the expertise and the wisdom to bail him out of the charges though.
If he has enough funds, he can hire the service of a Sacramento defense attorney. This can provide the higher possibility of having the charges against him dropped. This can also offer support services while the trial lasts, which could help in gathering more information for the benefit of the accused. This may include investigations and interviews that can help win the case.
Everybody has rights and freedoms until they are proven guilty. If you are ensared with legal issues in the Sacramento California area, a Criminal Defense Attorney is what you need. There is a Sacramento Defense Lawyer available to you if you need help with your case.
Choosing The Right New Jersey Criminal Defense Attorney
December 15, 2009 | Leave a Comment
If you’re currently in the process of trying to find a lawyer, you are probably scratching your head about how to find a lawyer that is right for your situation. You’ll probably want to know how much experience the prospective attorney has in handling legal situations like yours. Finding the right NJ criminal attorney, presents a unique set of circumstances. Your freedom and life may be hanging in the balance, and you want to be sure that your hiring decision is an informed one.
One way that many people find a lawyer is to ask friends for a referral. At least this way you can have some frame of reference from which to make a decision. Unfortunately, a referral from a friend doesn’t necessarily reflect the knowledge, skill, or experience of the prospective attorney. Another option is to go to use a directory listing. The problem with this method is that you will probably have to search through hundreds of lawyers. Further, these listings typically provide very little information about the lawyer’s experience.
Finding the right lawyer for your situation is critical to maximizing your chances of a successful outcome. That is why the Supreme Court of New Jersey has commissioned the Board on Attorney Certification. The Board has created the certification process to protect people from false advertising and to increase the quality of representation of attorneys in New Jersey. The certification program was created to help you make an informed decision when you are in need of a lawyer.
The Board currently certifies attorneys in four main practice areas. One of these is criminal trial law. The purpose of the criminal trial law certification is to help consumers find NJ criminal attorneys who have a recognized level of competence in criminal defense law. Attorneys who have received this certification are able to demonstrate sufficient levels of experience, education, knowledge and skill in criminal law; have passed a rigorous examination; and have been recognized by their peers as having sufficient skills and reputation in the field of criminal defense.
When looking for a lawyer, don’t hesitate to ask whether or not they have Board certification. While this shouldn’t be the only factor playing into your decision, it is a good guideline for helping you find criminal lawyers that are experienced in handling criminal cases in New Jersey. You can also review the list of certified criminal defense lawyers at the New Jersey Board of Attorney Certification’s website. There, you will find more information about the certification process, as well as, a complete list of all certified attorneys in the various practice areas.
Criminal charges can lead to a permanently tarnished record, heavy fines and even years in jail. Every decision you make today could affect your life for years down the road. Don’t speak a word to the police, and choose your NJ criminal defense attorney carefully. For more information on New Jersey criminal defense law, check out our NJ criminal attorney blog.
A Brief Overview Of Criminal Law
November 27, 2009 | Leave a Comment
Criminal and penal law refers to the same type of law. Punishments under these laws can be severe and unique depending on the offense and the jurisdiction. Imprisonment, execution, parole, probation and fines are the most common forms of punishment. On occasion, the lines between civil and criminal law become blurred.
The first written code of law was produced by the Sumarians. Civil and criminal law were not separated in these early codes.
The potential for serious consequences and for failure to follow the rules makes criminal law unique, as is understood by criminal attorney Fort Lauderdale. If imprisonment is ordered, it can be solitary and span the lifetime of the individual. House arrest is another form of confinement that requires individuals to follow rules set forth by probation or parole department. Money and property can also be taken from those who are convicted.
Five categories of penalties include punishment, retribution, deterrence, incapacitation and restitution. These punishments will vary among jurisdictions..
For crimes that have an effect on entire areas and societies because of their heinous nature, public international law applies. Public International Law began following World War 2 with the Nuremburg Trials. These trials marked the beginning of individuals being held accountable even though they were acting on behalf of their government. They cannot claim sovereign immunity.
Creating a fear of punishment is how most laws are enforced. A Fort Lauderdale criminal attorney can help protect you again unjust charges.
Generally, undesirable acts are forbidden by criminal law. Actus reus, or guilty act, requires evidence that a crime was committed by an action, a threat of action or a lack of action. Actus reus requires a physical element. If someone is in charge of caring for someone else, whether by contract, blood relation living together or through an official position then actus reus applies. It also applies to situations that are dangerous as a result of one. ’s own actions. This is where the Good Samaritan Laws apply.
Some crimes, such as regulatory offenses, require no more. These crimes are called strict liability offenses. Due to the potential severity of consequences, proof of intent must be met. Proof of a guilty mind, or mens rea, is required.
For crimes that require both to be present, actus reus and mens rea must be present at the same time. They cannot occur at different times.
Nullifying actus reus can occur by proving that the harm to a person would have happened anyway. If you run a red light and injury a person, actus reus will not be nullified because their injury was a direct result of your intended action.
Mens rea, or a guilty mind, means that there was intention to violate the law. Under criminal law; intention and motive or not the same. Good intentions do not negate criminal intentions
If a defendant realizes that an act is hazardous but does it anyway, they have met the mens rea requirement. It is known as recklessness. Courts often consider if the individual should have realized the risk or not. Mens rea has been reduced in some areas of criminal law because if the individual should have known the risk, but did not, intent is erased.
The seriousness of an offense can vary due to intent. If an individual has the intent of killing or causing bodily harm that could result in death, it is murder. If someone is killed because of recklessness it could be manslaughter. It does not matter who is actually harmed by the act. If you intend to hit someone but, end up hitting someone else, your intent is then transferred to that person. This is called transferred malice.
Strict liability is a generally used in civil law. It is harm caused by a defendant regardless of intent or mens reas. Not all crimes require specific intent.
Murder is the most often targeted act under criminal law. Some jurisdictions have levels of severity for murder. First degree murder is based on intent and requires malice. Manslaughter is a killing committed in without malice being present. It is often brought about by reasonable provocation, or diminished capacity.. A killing involving reckless can be considered involuntary manslaughter in areas that have that offense.
Settled insanity is a possible defense.
Assault and battery can create criminal liability. Rape is considered a form battery
Trespassing falls under criminal law as does conversion, theft, embezzlement and robbery.
Knowing about a crime or conspiring to commit one can result in criminal charges even if the crime itself is never committed. Some examples of this are: aiding, abetting, conspiracy, and attempt.
Ensure that your case is well-defended with a criminal attorney Fort Lauderdale on your side. The right Fort Lauderdale criminal attorney will do wonders in defending any charges brought against you.