If you have been arrested and are facing trial, you need an effective criminal defense. In order to mount a viable defense against criminal charges and protect your rights, there are many important details that must be recognized and acted upon.
A thorough understanding of the laws that may come into play during your case is required. You should contact a criminal defense attorney if you are unclear about what laws could help or hurt your case and to find out about laws of which you may not be aware. To present a strong defense, you must not only know all relevant laws, but also know what they mean and how they may be applied in your case.
Another important aspect of any criminal defense is following the proper procedures. There may be important deadlines and your rights may be lost if they are not met. Some defenses may require advance notice and will not be allowed to go forward without providing notice. For instance, in most states, an alibi defense requires advance notice.
Criminal courts do not feel sympathy for defendants because they are not familiar with how the criminal court system works and offer no leniency for inexperience in criminal defense matters.
Criminal defense attorneys know to anticipate the prosecution's case and prepare accordingly. As a criminal defendant, you are entitled to certain information from the prosecution. Some of this information may help your case. However, in most states, you must request this information and do so in a particular form. The prosecution does not just hand over information - especially if it helps the criminal defense.
You may be able to challenge the evidence the prosecution presents. Challenges can be based on inaccuracies or such issues as how evidence was obtained, handled and stored.
Criminal cases can be very complex and have many variables. If you have been accused of a serious crime, it is in your best interests to consult with a criminal defense attorney in order to avoid mistakes that could cost you plenty.
Even if you have been arrested and charged with a crime you still have criminal rights. These rights mean you're allowed to speak with a criminal defense lawyer. I want to ensure everyone knows and fully exercises their rights. The first step is towards this goal is knowledge. I hope you never have to use these rights, but if you do, then knowing the laws will make a big difference
sourse:
http://ezinearticles.com/?What-You-Might-Not-Know-About-Your-Criminal-Case&id=2040843
Wednesday, 18 March 2009
Federal Witness Protection Program
Being involved in a criminal case where you are forced to testify against someone else can be a very frightening experience for anyone that is involved. There are many things that you may be worried about depending on what type of situation you may be caught up in. The US Federal Witness Protection Program can be one of the best ways to protect you and your family from any harm coming to you.
The Witness Protection Program is a program that was started by the federal government in order to protect any witnesses that will be an asset to the trial that is going on. This program helps to protect these witness before, during, and after the trial has been completed. The witness and their family might be in danger because of witnessing a crime and testifying against the person that did the crime. The witness protection program often comes into play when there is a trial for any type of organized crime. There are many different restrictions that are required if want to be placed into the witness protection program. If you don't agree to follow all of the guidelines that they set before you, they will not officially let you into the program. The first thing that you must agree to do is to testify at the trial of the person who is being prosecuted. If they think at any time that you will back out on testifying at the trial, then you will be immediately dropped from the witness protection program. The program is only for those who will keep to the deal that you make with the people in the program.
The next portion of the program is always the hardest for anyone to handle because it involves leaving behind your whole life including your family. Once you are in the witness protection program, you must agree to disappear of the earth. You will be forced to have no contact of any kind with any of your relatives including parents. You will also be forced to change your names and appearances. The overall goal of the program is to create a whole new life for you and your family to make sure that no one can recognize you. This is often the hardest for people because they are leaving behind their family and friends and can have no contact what so ever with anyone from their past lives. This is one of the sacrifices that you have to make to be in the witness protection program.
For more information, contact the Milwaukee Criminal Defense Lawyers of Kohler & Hart at http://kohlerandhart.com
sourse:
http://ezinearticles.com/?Federal-Witness-Protection-Program&id=1272933
The Witness Protection Program is a program that was started by the federal government in order to protect any witnesses that will be an asset to the trial that is going on. This program helps to protect these witness before, during, and after the trial has been completed. The witness and their family might be in danger because of witnessing a crime and testifying against the person that did the crime. The witness protection program often comes into play when there is a trial for any type of organized crime. There are many different restrictions that are required if want to be placed into the witness protection program. If you don't agree to follow all of the guidelines that they set before you, they will not officially let you into the program. The first thing that you must agree to do is to testify at the trial of the person who is being prosecuted. If they think at any time that you will back out on testifying at the trial, then you will be immediately dropped from the witness protection program. The program is only for those who will keep to the deal that you make with the people in the program.
The next portion of the program is always the hardest for anyone to handle because it involves leaving behind your whole life including your family. Once you are in the witness protection program, you must agree to disappear of the earth. You will be forced to have no contact of any kind with any of your relatives including parents. You will also be forced to change your names and appearances. The overall goal of the program is to create a whole new life for you and your family to make sure that no one can recognize you. This is often the hardest for people because they are leaving behind their family and friends and can have no contact what so ever with anyone from their past lives. This is one of the sacrifices that you have to make to be in the witness protection program.
For more information, contact the Milwaukee Criminal Defense Lawyers of Kohler & Hart at http://kohlerandhart.com
sourse:
http://ezinearticles.com/?Federal-Witness-Protection-Program&id=1272933
Protect Your Business From Criminal Investigations - The Worst Legal Disaster Imaginable
Most business owners and executives think that because they are good people who do their best to follow all laws and rules, they are immune from worrying about criminal business investigations and issues. However, nothing could be further from the truth. Everyday conduct and occurrences can be construed as criminal like the following:
• Forgetting to include income on a tax return
• Misstating your income or expenses on a financial statement when applying for a bank loan
• Using loan proceeds for a purpose other than that for which you applied
• Bouncing a check
• Talking to competitors
• Making a mistake on an application for a federal grant, funding or certification
Without exception, the most serious legal disaster that could befall your business is a federal criminal investigation or indictment of you, or any other manager, officer or the company itself. Individuals or the operating business entity, together or separately, can be named as a witness, suspect, or target in an investigation. Enron and Arthur Anderson are the most recently famous of such business crime cases which resulted in the collapse of the businesses themselves and imprisonment of the executives. Many national business and legal experts have concluded that the demise of those two giant companies was not caused by the illegal activity of which they were accused, but the damage to their reputations that immediately drove their investors, lenders, and customers away in a panic.
The following business practices can help protect you and your company from being wrongfully accused or convicted of a federal or state crime:
1. Adopt a Government Investigation Policy
This policy should state unequivocally that your company and its employees will cooperate with any government investigation, but only with the assistance of a qualified lawyer. This policy should be adopted at a time when there is no threat of an investigation or hint of any problem. Write the policy down and include it in all company documents, employee handbooks and materials.
2. Hold a Government Investigation Seminar
Conduct an annual, required in-house seminar on business criminal issues, just like safety seminars and courses, for your employees. The seminar should be conducted by a criminal lawyer to instruct employees on individual constitutional rights and how to protect those rights, to explain the workings of a government investigation, and to suggest ways to handle government investigators and law enforcement officers in the context of an accident, a worksite death, a search warrant, and other investigations.
3. Understand and Utilize Your Constitutional Rights
You, your business and your employees have a constitutional right to a lawyer's counsel before answering or cooperating in any investigation. It is known as the Sixth Amendment. You also have the right to remain silent when questioned by investigators or prosecutors to protect against self incrimination. This is the Fifth Amendment guarantee. It means that you have the right to decline to answer questions that might tend to incriminate you. Use these rights aggressively whenever the circumstance warrants them.
4. Understand that Lying to a Federal Agent or Officer is a Federal Crime
Lies to officials are generally referred to as "false statements." To be a crime, the lie does not have to be given under oath and can be oral or written. Nor does it have to be made in the context of a formal or court setting. Any statement given to a federal officer that can be said to be false, even if mistaken, meets the very low bar of the offense. Most often, the only evidence of the statement is notes or testimony of the federal agent. It is not a requirement of the offense that the government or officer be misled, deceived, or persuaded by the false statement. All that is required for the crime is that the statement have some connection, even though tenuous, to some matter within the jurisdiction of the United States. Today, in America, lying is a federal crime in just about any business context and every business person or executive must be aware of this state of affairs.
5. Contact your Criminal Business Lawyer Immediately
If your company receives a business records subpoena from a grand jury, receives a call from a government investigator or gets raided by a government law enforcement team, call an experienced expert criminal defense lawyer before you answer a single question or do any other thing.
These simple actions can go a long way toward protecting you and your company from criminal business investigations.
Marjorie Jobe is the author of Business Law Battle Plan for Entrepreneurs: Protect Your Company from Lawyers, Lawsuits and Legal Disasters and is a practicing attorney in El Paso, Texas
sourse:
http://ezinearticles.com/?Protect-Your-Business-From-Criminal-Investigations-The-Worst-Legal-Disaster-Imaginable&id=1860484
• Forgetting to include income on a tax return
• Misstating your income or expenses on a financial statement when applying for a bank loan
• Using loan proceeds for a purpose other than that for which you applied
• Bouncing a check
• Talking to competitors
• Making a mistake on an application for a federal grant, funding or certification
Without exception, the most serious legal disaster that could befall your business is a federal criminal investigation or indictment of you, or any other manager, officer or the company itself. Individuals or the operating business entity, together or separately, can be named as a witness, suspect, or target in an investigation. Enron and Arthur Anderson are the most recently famous of such business crime cases which resulted in the collapse of the businesses themselves and imprisonment of the executives. Many national business and legal experts have concluded that the demise of those two giant companies was not caused by the illegal activity of which they were accused, but the damage to their reputations that immediately drove their investors, lenders, and customers away in a panic.
The following business practices can help protect you and your company from being wrongfully accused or convicted of a federal or state crime:
1. Adopt a Government Investigation Policy
This policy should state unequivocally that your company and its employees will cooperate with any government investigation, but only with the assistance of a qualified lawyer. This policy should be adopted at a time when there is no threat of an investigation or hint of any problem. Write the policy down and include it in all company documents, employee handbooks and materials.
2. Hold a Government Investigation Seminar
Conduct an annual, required in-house seminar on business criminal issues, just like safety seminars and courses, for your employees. The seminar should be conducted by a criminal lawyer to instruct employees on individual constitutional rights and how to protect those rights, to explain the workings of a government investigation, and to suggest ways to handle government investigators and law enforcement officers in the context of an accident, a worksite death, a search warrant, and other investigations.
3. Understand and Utilize Your Constitutional Rights
You, your business and your employees have a constitutional right to a lawyer's counsel before answering or cooperating in any investigation. It is known as the Sixth Amendment. You also have the right to remain silent when questioned by investigators or prosecutors to protect against self incrimination. This is the Fifth Amendment guarantee. It means that you have the right to decline to answer questions that might tend to incriminate you. Use these rights aggressively whenever the circumstance warrants them.
4. Understand that Lying to a Federal Agent or Officer is a Federal Crime
Lies to officials are generally referred to as "false statements." To be a crime, the lie does not have to be given under oath and can be oral or written. Nor does it have to be made in the context of a formal or court setting. Any statement given to a federal officer that can be said to be false, even if mistaken, meets the very low bar of the offense. Most often, the only evidence of the statement is notes or testimony of the federal agent. It is not a requirement of the offense that the government or officer be misled, deceived, or persuaded by the false statement. All that is required for the crime is that the statement have some connection, even though tenuous, to some matter within the jurisdiction of the United States. Today, in America, lying is a federal crime in just about any business context and every business person or executive must be aware of this state of affairs.
5. Contact your Criminal Business Lawyer Immediately
If your company receives a business records subpoena from a grand jury, receives a call from a government investigator or gets raided by a government law enforcement team, call an experienced expert criminal defense lawyer before you answer a single question or do any other thing.
These simple actions can go a long way toward protecting you and your company from criminal business investigations.
Marjorie Jobe is the author of Business Law Battle Plan for Entrepreneurs: Protect Your Company from Lawyers, Lawsuits and Legal Disasters and is a practicing attorney in El Paso, Texas
sourse:
http://ezinearticles.com/?Protect-Your-Business-From-Criminal-Investigations-The-Worst-Legal-Disaster-Imaginable&id=1860484
Federal Criminal Records - Background Checks Are a Must!
Are you an employer at any level? You could just be simply employing a nanny or you could be running your own company. Either way you need to know the federal criminal records of all the different people that work for you. This will save you a lot of headache and possible money in the future. Here is why you must get background checks done on everyone you intend to hire.
The first reason that federal criminal records checks are so important is because of the possibilities of hiring a convicted felon that will steal from you. It would not be a very fun day if you went into the office to find out that everything was gone or that you were missing a ton of cash. This could make you have to file bankruptcy and you could lose your business that you worked so hard to build from the ground up.
The second reason that you need to do background checks is for your safety and the safety of the people that already work for you. Imagine if you hired someone without knowing that they have a history of violence. Then, your best employee ends up in a scuffle with them or even worse ends up dead because you put them in danger. This can be avoided if you take the time to check the federal criminal records database by doing a background check.
The last reason for a background check is because you have a family that depends on you. What if you hired a nanny that was a convicted felon and you didn't know it? How would you feel if you came home from a night out and your home had been robbed of everything valuable? Even worse, they could hurt your children, which would just be a tragedy. This can be avoided if you take the time to do a background check to make sure you know who you are hiring before you hire them.
sourse:
http://ezinearticles.com/?Federal-Criminal-Records---Background-Checks-Are-a-Must!&id=2089148
The first reason that federal criminal records checks are so important is because of the possibilities of hiring a convicted felon that will steal from you. It would not be a very fun day if you went into the office to find out that everything was gone or that you were missing a ton of cash. This could make you have to file bankruptcy and you could lose your business that you worked so hard to build from the ground up.
The second reason that you need to do background checks is for your safety and the safety of the people that already work for you. Imagine if you hired someone without knowing that they have a history of violence. Then, your best employee ends up in a scuffle with them or even worse ends up dead because you put them in danger. This can be avoided if you take the time to check the federal criminal records database by doing a background check.
The last reason for a background check is because you have a family that depends on you. What if you hired a nanny that was a convicted felon and you didn't know it? How would you feel if you came home from a night out and your home had been robbed of everything valuable? Even worse, they could hurt your children, which would just be a tragedy. This can be avoided if you take the time to do a background check to make sure you know who you are hiring before you hire them.
sourse:
http://ezinearticles.com/?Federal-Criminal-Records---Background-Checks-Are-a-Must!&id=2089148
The Truth About the Setting of Attorney Fees
As a practical matter, the fees lawyers charge tend to vary greatly. It is hoped that the following will help the potential client make at least some sense of attorney fees and how they are set.
NEVER HIRE AN ATTORNEY WITHOUT A WRITTEN FEE CONTRACT You might be surprised how many criminal defense lawyers do not provide written fee contracts. This is extremely dangerous and leads to potential problems. Often times an attorney who chooses not provide a fee agreement will tell the potential client that he will "start" the case at a very low price. Nevertheless, at every stage of the case, the attorney requires more money and threatens to withdraw from the case if he is not paid the additional sums. The result is that you can wind up paying much more than had you hired the attorney who seemed more expensive to begin with. A fee contract avoids these nasty surprises. Besides, why would any attorney not provide a written fee agreement that makes the obligations of both the attorney and the client clear?
AVOID HIRING AN ATTORNEY THAT WILL ALSO POST YOUR BOND While Texas does not prohibit an attorney from posting a client's bond, many states do because of the conflict of interest that exists. The role of a bondsman is to make sure you appear in court and a bondsman has every incentive to inform the court if you are not complying with the conditions of your release. On the other hand, your attorney is supposed to be your advocate and protect you from having your bond revoked in the event you do not fully comply with your release conditions. We have also seen cases where, when a client gets behind on his legal fees, the attorney posting a client's bond threatens, and sometimes does, have the client's bond revoked as additional pressure to pay the outstanding legal fees. It should be easy to see why hiring an attorney to post your bond is rife with conflicts and should be avoided. You should hire an independent bondsman and an independent attorney.
BEWARE OF LAWYERS WITH A VOLUME PRACTICE There are many lawyers out there that have a "volume" practice who offer to do cases at cut rate prices (often these cut rate prices are to "start" the case and the attorney does not provide a fee contract). Many times, the income of these lawyers is actually substantially higher than other more qualified lawyers. Here is why. Let's assume you think about hiring Attorney Smith. You found Attorney Smith in the yellow pages where he has a full page advertisement promoting low fees or Lawyer Smith has sent you, and thousand of other who had been arrested on a particular night a letter promoting his low fees. A yellow pages ad might cost Lawyer Smith $50,000 and he might spend thousands of dollars per month on mail outs. Because Attorney Smith gets so many calls from his ads and mail outs, he has to hire additional support staff to answer the phones and "screen clients" so that is more money toward overhead. Nevertheless, Attorney Smith is able to charge low fees because he has so many clients who respond to his ads and/or mail outs that he can make up for it and pay his overhead by running a volume practice. Often you will meet Attorney Smith for the first time in the courthouse when he shouts your name in the hallway. You will rarely, if ever, be able to get Attorney Smith on the phone to answer questions. If you resist pleading guilty and request a trial, many problems will arise. After all, how can Attorney Smith spend time preparing for trial and then sitting in a trial for several days? Simply put, he can't because the house of cards he has created with the volume practice will collapse if he cannot meet the dozens of other clients who have cases set on the same day. Nevertheless, don't feel sorry for Attorney Smith because he will often make much more money than the average attorney even after accounting for his high overhead. As a rough example, let's say Attorney Smith charges $2,000 per case but handles 500 cases per year. That amounts to a gross income of $1,000,000. Now, lets say another attorney who actually returns your phone calls and has time to prepare your case and represent you at trial if that is in your best interest charges $5,000 per case but handles 50 cases per year. That only amounts to a gross income of $250,000. In sum, if you have a simple case in which you know there are no legal issues to raise and you absolutely know that you do not want a trial and you are not going to want to ask your attorney many questions, it could make financial sense to hire Attorney Smith. On the other hand, if there is any chance that you want to fight your case or you think you will have questions for your lawyer, spend the extra money now or you will have to spend even more later trying to undue what Attorney Smith did, or failed to do, for you.
BEWARE OF LAWYERS SIZING YOU UP Unfortunately, we have heard of many lawyers who attempt to determine how much money potential clients have and then charges them "as much money as they can afford." We often see this with some California attorneys who advertise "national practices" on the internet. While it is admirable for an attorney to reduce her rate for a client with a low income, it is disgraceful for a lawyer to charge a wealthy client more than she would ordinarily charge because the client can "afford it." Beware of lawyers who seem to be asking questions that are designed to determine your income or assets that have no relation to the charges against you.
LEGAL FEES IN STATE COURT WILL DEPEND ON THE TYPE OF CASE This is probably obvious. In state court, fees will almost always depend on the seriousness and complexity of the case.
LEGAL FEES IN FEDERAL COURT WILL BE SIGNIFICANTLY HIGHER There is a huge difference between state court and federal court. Almost all criminal defense lawyers are qualified to practice in state court. Nevertheless, very few criminal defense lawyers practice regularly in federal court. It is extremely dangerous to hire an attorney to represent you in a federal criminal case that does not appear regularly in federal court. Nevertheless, this means that there are very few lawyers to choose from if you are charged with a criminal offense in federal court. For example, in Dallas, there are probably less than 30 lawyers who appear regularly in federal court. Consequently, because of the limited supply, legal fees for criminal cases in federal court are often significantly higher than state court.
LEGAL FEES WILL VARY BASED ON THE LAWYER'S QUALIFICATIONS Again, this should seem obvious, although it is sometimes surprising what lawyers with minimal qualifications will attempt to charge a client. Some qualifications to look for is whether a lawyer is Board Certified by the Texas Board of Legal Specialization in criminal defense attorney. Texas Board of Legal Specialization Another is whether that lawyer is AV rated (the highest rating) by Martindale-Hubbell, an independent entity that rates lawyers. Martindale-Hubbell Another is whether the lawyer has been voted a "super lawyer" by other criminal defense attorneys and how many years he or she has been voted a "super lawyer." Super Lawyers
FLAT FEE OR HOURLY FEE Generally criminal defense lawyers in Texas charge a "flat fee" for their representation (although they often charge a "split" fee as described below). An attorney should give you the option of paying an hourly fee, nevertheless, an hourly fee is generally more suitable for corporations that have very deep pockets. Individuals generally prefer the "flat fee" so they know in advance how much the legal representation will cost a the end of the day.
SPLIT FEE FOR PLEAS AND TRIALS Mostly all criminal defense lawyers in Texas will split the flat fee between plea and trial. For example. they might say that the fee for a plea is $5,000 but if the case has to be "set for trial there will be an additional fee of $5,000. Moreover, research has found that, in a large majority of cases, a plea offer will get appreciably better only after the case is "set" for trial. Therefore, even in cases that will not ultimately go to trial, it is often in the client's best interest to at least "set" the case for trial. We would rather charge a fee in the middle (e.g. $7,500) and this way our advice to the client is not colored by the prospect of earning additional monies based on the advice we give and the client can make the decision as to whether or not to go to trial freed from the prospect of having to pay additional monies if he decides a trial is in his best interests.
CONTINGENT BONUSES We have encountered attorneys who attempt to charge a "performance bonus" if they can convince authorities not to indict the client, or if they win at trial, or if they get a case dismissed prior to trial. The Texas Lawyer Disciplinary Rules clearly prohibit such "bonuses" because they are "contingent" on a certain outcome. Texas Disciplinary Rules on Fees You would do well to avoid any attorney who does not follow the ethical rules of his or her profession.
EXPENSES In many cases, it will be necessary to hire a private investigator to investigate the case. In some case, it will be necessary to hire experts to assist the attorney or to testify at trial. It varies among attorneys as to whether these expenses are included in the legal fees charged. Again, however, it is important to have a written fee agreement so that it is clear who is responsible for these additional expenses.
Source: http://www.brodenmickelsen.com
Broden & Mickelsen - Criminal Defense Law Firm
Broden & Mickelsen specializes in the practice of criminal defense at both the trial and appellate level and in both state and federal courts throughout the country
sourse:
http://ezinearticles.com/?The-Truth-About-the-Setting-of-Attorney-Fees&id=1560305
NEVER HIRE AN ATTORNEY WITHOUT A WRITTEN FEE CONTRACT You might be surprised how many criminal defense lawyers do not provide written fee contracts. This is extremely dangerous and leads to potential problems. Often times an attorney who chooses not provide a fee agreement will tell the potential client that he will "start" the case at a very low price. Nevertheless, at every stage of the case, the attorney requires more money and threatens to withdraw from the case if he is not paid the additional sums. The result is that you can wind up paying much more than had you hired the attorney who seemed more expensive to begin with. A fee contract avoids these nasty surprises. Besides, why would any attorney not provide a written fee agreement that makes the obligations of both the attorney and the client clear?
AVOID HIRING AN ATTORNEY THAT WILL ALSO POST YOUR BOND While Texas does not prohibit an attorney from posting a client's bond, many states do because of the conflict of interest that exists. The role of a bondsman is to make sure you appear in court and a bondsman has every incentive to inform the court if you are not complying with the conditions of your release. On the other hand, your attorney is supposed to be your advocate and protect you from having your bond revoked in the event you do not fully comply with your release conditions. We have also seen cases where, when a client gets behind on his legal fees, the attorney posting a client's bond threatens, and sometimes does, have the client's bond revoked as additional pressure to pay the outstanding legal fees. It should be easy to see why hiring an attorney to post your bond is rife with conflicts and should be avoided. You should hire an independent bondsman and an independent attorney.
BEWARE OF LAWYERS WITH A VOLUME PRACTICE There are many lawyers out there that have a "volume" practice who offer to do cases at cut rate prices (often these cut rate prices are to "start" the case and the attorney does not provide a fee contract). Many times, the income of these lawyers is actually substantially higher than other more qualified lawyers. Here is why. Let's assume you think about hiring Attorney Smith. You found Attorney Smith in the yellow pages where he has a full page advertisement promoting low fees or Lawyer Smith has sent you, and thousand of other who had been arrested on a particular night a letter promoting his low fees. A yellow pages ad might cost Lawyer Smith $50,000 and he might spend thousands of dollars per month on mail outs. Because Attorney Smith gets so many calls from his ads and mail outs, he has to hire additional support staff to answer the phones and "screen clients" so that is more money toward overhead. Nevertheless, Attorney Smith is able to charge low fees because he has so many clients who respond to his ads and/or mail outs that he can make up for it and pay his overhead by running a volume practice. Often you will meet Attorney Smith for the first time in the courthouse when he shouts your name in the hallway. You will rarely, if ever, be able to get Attorney Smith on the phone to answer questions. If you resist pleading guilty and request a trial, many problems will arise. After all, how can Attorney Smith spend time preparing for trial and then sitting in a trial for several days? Simply put, he can't because the house of cards he has created with the volume practice will collapse if he cannot meet the dozens of other clients who have cases set on the same day. Nevertheless, don't feel sorry for Attorney Smith because he will often make much more money than the average attorney even after accounting for his high overhead. As a rough example, let's say Attorney Smith charges $2,000 per case but handles 500 cases per year. That amounts to a gross income of $1,000,000. Now, lets say another attorney who actually returns your phone calls and has time to prepare your case and represent you at trial if that is in your best interest charges $5,000 per case but handles 50 cases per year. That only amounts to a gross income of $250,000. In sum, if you have a simple case in which you know there are no legal issues to raise and you absolutely know that you do not want a trial and you are not going to want to ask your attorney many questions, it could make financial sense to hire Attorney Smith. On the other hand, if there is any chance that you want to fight your case or you think you will have questions for your lawyer, spend the extra money now or you will have to spend even more later trying to undue what Attorney Smith did, or failed to do, for you.
BEWARE OF LAWYERS SIZING YOU UP Unfortunately, we have heard of many lawyers who attempt to determine how much money potential clients have and then charges them "as much money as they can afford." We often see this with some California attorneys who advertise "national practices" on the internet. While it is admirable for an attorney to reduce her rate for a client with a low income, it is disgraceful for a lawyer to charge a wealthy client more than she would ordinarily charge because the client can "afford it." Beware of lawyers who seem to be asking questions that are designed to determine your income or assets that have no relation to the charges against you.
LEGAL FEES IN STATE COURT WILL DEPEND ON THE TYPE OF CASE This is probably obvious. In state court, fees will almost always depend on the seriousness and complexity of the case.
LEGAL FEES IN FEDERAL COURT WILL BE SIGNIFICANTLY HIGHER There is a huge difference between state court and federal court. Almost all criminal defense lawyers are qualified to practice in state court. Nevertheless, very few criminal defense lawyers practice regularly in federal court. It is extremely dangerous to hire an attorney to represent you in a federal criminal case that does not appear regularly in federal court. Nevertheless, this means that there are very few lawyers to choose from if you are charged with a criminal offense in federal court. For example, in Dallas, there are probably less than 30 lawyers who appear regularly in federal court. Consequently, because of the limited supply, legal fees for criminal cases in federal court are often significantly higher than state court.
LEGAL FEES WILL VARY BASED ON THE LAWYER'S QUALIFICATIONS Again, this should seem obvious, although it is sometimes surprising what lawyers with minimal qualifications will attempt to charge a client. Some qualifications to look for is whether a lawyer is Board Certified by the Texas Board of Legal Specialization in criminal defense attorney. Texas Board of Legal Specialization Another is whether that lawyer is AV rated (the highest rating) by Martindale-Hubbell, an independent entity that rates lawyers. Martindale-Hubbell Another is whether the lawyer has been voted a "super lawyer" by other criminal defense attorneys and how many years he or she has been voted a "super lawyer." Super Lawyers
FLAT FEE OR HOURLY FEE Generally criminal defense lawyers in Texas charge a "flat fee" for their representation (although they often charge a "split" fee as described below). An attorney should give you the option of paying an hourly fee, nevertheless, an hourly fee is generally more suitable for corporations that have very deep pockets. Individuals generally prefer the "flat fee" so they know in advance how much the legal representation will cost a the end of the day.
SPLIT FEE FOR PLEAS AND TRIALS Mostly all criminal defense lawyers in Texas will split the flat fee between plea and trial. For example. they might say that the fee for a plea is $5,000 but if the case has to be "set for trial there will be an additional fee of $5,000. Moreover, research has found that, in a large majority of cases, a plea offer will get appreciably better only after the case is "set" for trial. Therefore, even in cases that will not ultimately go to trial, it is often in the client's best interest to at least "set" the case for trial. We would rather charge a fee in the middle (e.g. $7,500) and this way our advice to the client is not colored by the prospect of earning additional monies based on the advice we give and the client can make the decision as to whether or not to go to trial freed from the prospect of having to pay additional monies if he decides a trial is in his best interests.
CONTINGENT BONUSES We have encountered attorneys who attempt to charge a "performance bonus" if they can convince authorities not to indict the client, or if they win at trial, or if they get a case dismissed prior to trial. The Texas Lawyer Disciplinary Rules clearly prohibit such "bonuses" because they are "contingent" on a certain outcome. Texas Disciplinary Rules on Fees You would do well to avoid any attorney who does not follow the ethical rules of his or her profession.
EXPENSES In many cases, it will be necessary to hire a private investigator to investigate the case. In some case, it will be necessary to hire experts to assist the attorney or to testify at trial. It varies among attorneys as to whether these expenses are included in the legal fees charged. Again, however, it is important to have a written fee agreement so that it is clear who is responsible for these additional expenses.
Source: http://www.brodenmickelsen.com
Broden & Mickelsen - Criminal Defense Law Firm
Broden & Mickelsen specializes in the practice of criminal defense at both the trial and appellate level and in both state and federal courts throughout the country
sourse:
http://ezinearticles.com/?The-Truth-About-the-Setting-of-Attorney-Fees&id=1560305
Tax Evasion and Your Criminal Defense Options
The criminal penalties for illegally failing to pay taxes, or tax evasion, can be severe. Federal tax evasion is a felony that carries a prison sentence of up to five years and fines up to $100,000 for those convicted.
Legal efforts to minimize taxes may be made, such as making charitable contributions, contributions to college savings and retirement plans and taking all available deductions for dependents, medical expenses. However, it is not legal to evade taxes by failing to report or inaccurately report income.
The IRS penalizes and prosecutes any person or entity it finds has illegally avoided paying the taxes owed. Approximately 3000 IRS agents are trained to collect information and detect tax evasion. These agents may review federal tax returns, issue a summons to access further financial data and seize or freeze cash, accounts and assets to collect financial information.
If the IRS conducts an audit and finds that tax evasion has occurred, it may levy tax liens, seize property, freeze accounts and garnish wages. Any money, property or other assets a taxpayer owns may be seized to repay the tax liability.
Other Tax Crimes and Penalties
Filing a False Return - In addition to tax evasion, a person may be charged with a felony for filing a false tax return. This is also known as tax fraud. There are stiff penalties for filing a false return including up to three years in prison and fines of up to $100,000. False return can mean anything from understating your income to overstating your deductions. If may include blatant offenses, such as fabricating non-existent dependents.
Failure to File - Failure to file a tax return is a misdemeanor offense, but still carries serious penalties. A person convicted of failing to file a federal tax return can be fined up to $25,000 for each year a return was not filed and sent to prison for a year.
Speak With a Criminal Defense Lawyer
If you are accused of tax evasion or another tax crime, it is important that you speak with a criminal defense lawyer and learn about the IRS and federal tax laws that may apply. Even if you are facing criminal charges, you still have criminal rights.
Ensure that your rights are protected. If you've been charged with a crime, know your criminal rights. These include the right to an attorney
sourse:
http://ezinearticles.com/?Tax-Evasion-and-Your-Criminal-Defense-Options&id=1999517
Legal efforts to minimize taxes may be made, such as making charitable contributions, contributions to college savings and retirement plans and taking all available deductions for dependents, medical expenses. However, it is not legal to evade taxes by failing to report or inaccurately report income.
The IRS penalizes and prosecutes any person or entity it finds has illegally avoided paying the taxes owed. Approximately 3000 IRS agents are trained to collect information and detect tax evasion. These agents may review federal tax returns, issue a summons to access further financial data and seize or freeze cash, accounts and assets to collect financial information.
If the IRS conducts an audit and finds that tax evasion has occurred, it may levy tax liens, seize property, freeze accounts and garnish wages. Any money, property or other assets a taxpayer owns may be seized to repay the tax liability.
Other Tax Crimes and Penalties
Filing a False Return - In addition to tax evasion, a person may be charged with a felony for filing a false tax return. This is also known as tax fraud. There are stiff penalties for filing a false return including up to three years in prison and fines of up to $100,000. False return can mean anything from understating your income to overstating your deductions. If may include blatant offenses, such as fabricating non-existent dependents.
Failure to File - Failure to file a tax return is a misdemeanor offense, but still carries serious penalties. A person convicted of failing to file a federal tax return can be fined up to $25,000 for each year a return was not filed and sent to prison for a year.
Speak With a Criminal Defense Lawyer
If you are accused of tax evasion or another tax crime, it is important that you speak with a criminal defense lawyer and learn about the IRS and federal tax laws that may apply. Even if you are facing criminal charges, you still have criminal rights.
Ensure that your rights are protected. If you've been charged with a crime, know your criminal rights. These include the right to an attorney
sourse:
http://ezinearticles.com/?Tax-Evasion-and-Your-Criminal-Defense-Options&id=1999517
How to Identify an Expert Criminal Lawyer For Defense
A criminal lawyer is required to be specialized in handling different types of criminal cases. The work of these lawyers integrates services that are provided to the people who seek professional legal support when they are accused with some crime. However, the basic purpose of using services of criminal lawyers is to get a lawyer for ourselves whose job is to argue for us to achieve success in the courtroom. Now with the differences and sections of criminal law, there are several categories in criminal lawyers. The selection of lawyer must comply to the nature or category of the criminal case a person is accused with. Therefore, to help you in finding the best criminal lawyer, discussing the various sections and categories of criminal law is essential.
Different Sections Of Criminal Law
People who are arrested for committing crimes like murder, theft, domestic violence, sex violence, rape, abduction, hit and run etc., and other types of cases are in need of a lawyer who is well experienced in proceedings under the court of law. A criminal defense lawyer is of help to those people who are under distress due the accusations of these kind of crimes. A defense lawyer is a criminal lawyer whose services start with talking to the accused party to know about the details of the event. These criminal lawyers are generally much in demand as they are sought after mostly to fight for the accused in the court to get justice for him.
Importance Of Federal Criminal Lawyer
After they have listened to their clients and their point of view on the event, these lawyers start their research work to gather more facts, collect evidences, and prepare for the trial proceedings in the court. Until these lawyers clients or the accused person admits his/her guilt by him/her own, they do not hand their clients over. If you are charged with a federal criminal case, you need to hire a federal criminal lawyer who defends the people who have been arrested or are being investigated by the federal law enforcement authorities. The federal defense lawyers are specialized in the federal law section and represent their client during the case trial in the courtroom.
Role Of Criminal Justice Lawyers
The criminal justice lawyer is a criminal lawyer who performs following steps:
investigation of the case
producing search warrant
interrogation and preparing arrest complaint
indictment or allegation
working for bail or plea bargains
trials
The last task of the criminal lawyer is to make an appeal on behalf of the accused. The defense lawyer is allowed to make appeal to only one level of the appellate court. Visit legal info online for more information
sourse:
http://ezinearticles.com/?How-to-Identify-an-Expert-Criminal-Lawyer-For-Defense&id=1871798
Different Sections Of Criminal Law
People who are arrested for committing crimes like murder, theft, domestic violence, sex violence, rape, abduction, hit and run etc., and other types of cases are in need of a lawyer who is well experienced in proceedings under the court of law. A criminal defense lawyer is of help to those people who are under distress due the accusations of these kind of crimes. A defense lawyer is a criminal lawyer whose services start with talking to the accused party to know about the details of the event. These criminal lawyers are generally much in demand as they are sought after mostly to fight for the accused in the court to get justice for him.
Importance Of Federal Criminal Lawyer
After they have listened to their clients and their point of view on the event, these lawyers start their research work to gather more facts, collect evidences, and prepare for the trial proceedings in the court. Until these lawyers clients or the accused person admits his/her guilt by him/her own, they do not hand their clients over. If you are charged with a federal criminal case, you need to hire a federal criminal lawyer who defends the people who have been arrested or are being investigated by the federal law enforcement authorities. The federal defense lawyers are specialized in the federal law section and represent their client during the case trial in the courtroom.
Role Of Criminal Justice Lawyers
The criminal justice lawyer is a criminal lawyer who performs following steps:
investigation of the case
producing search warrant
interrogation and preparing arrest complaint
indictment or allegation
working for bail or plea bargains
trials
The last task of the criminal lawyer is to make an appeal on behalf of the accused. The defense lawyer is allowed to make appeal to only one level of the appellate court. Visit legal info online for more information
sourse:
http://ezinearticles.com/?How-to-Identify-an-Expert-Criminal-Lawyer-For-Defense&id=1871798
Criminal Trial Lawyers
Often, a criminal defense lawyer's mission is to get justice for persons accused of offense. They provide ongoing legal help and support public awareness of citizen's rights. They lead the criminal justice process and perform the role of criminal defense practice. The local criminal defense lawyers protect the rights of County citizens who are accused of crimes.
The criminal defense attorneys have developed the most original, and dynamic defense strategies in the nation to protect their client's rights. These lawyers prepare every case for trial rather than rush for an appeal. This broad preparation and exceptional courtroom reputation, actually keeps most cases from trial and produce better results.
Before hiring an attorney a person is advised to consider the following questions. The most imperative decision a criminal defendant can take is to choose, the right criminal defense lawyer. People must not make a mistake of using a lawyer who is not a criminal lawyer. It is not advisable to hire a family or civil attorney to represent the defendant in a criminal case. The lawyer's qualities and character are very important. People must always look for a confident and tough lawyer who has a good reputation, with the prosecutors and panel of judges involved in the case. It is very important to hire an attorney as soon as possible. The earlier the lawyer gets involved, the better off will the defendant be, regardless of the charges that he is facing.
It is important for a client to ask what are the charges against him, and what would be the probable consequences if he were found guilty. The client can also ask the attorney what is the defense strategy, and if there are any potential defenses, and how would that apply to the defendant's case. Apart from this a person is also advised to insist on a written contract, setting forth all costs and covered services. Online sites are available, and they provide information about criminal trial lawyers, for people to consult before hiring a lawyer.
Criminal Lawyers provides detailed information on Criminal Lawyers, Criminal Defense Lawyers, Federal Criminal Lawyers, Los Angeles criminal lawyers and more. Criminal Lawyers is affiliated with Las Vegas Criminal Defense Attorneys
sourse:
http://ezinearticles.com/?Criminal-Trial-Lawyers&id=410225
The criminal defense attorneys have developed the most original, and dynamic defense strategies in the nation to protect their client's rights. These lawyers prepare every case for trial rather than rush for an appeal. This broad preparation and exceptional courtroom reputation, actually keeps most cases from trial and produce better results.
Before hiring an attorney a person is advised to consider the following questions. The most imperative decision a criminal defendant can take is to choose, the right criminal defense lawyer. People must not make a mistake of using a lawyer who is not a criminal lawyer. It is not advisable to hire a family or civil attorney to represent the defendant in a criminal case. The lawyer's qualities and character are very important. People must always look for a confident and tough lawyer who has a good reputation, with the prosecutors and panel of judges involved in the case. It is very important to hire an attorney as soon as possible. The earlier the lawyer gets involved, the better off will the defendant be, regardless of the charges that he is facing.
It is important for a client to ask what are the charges against him, and what would be the probable consequences if he were found guilty. The client can also ask the attorney what is the defense strategy, and if there are any potential defenses, and how would that apply to the defendant's case. Apart from this a person is also advised to insist on a written contract, setting forth all costs and covered services. Online sites are available, and they provide information about criminal trial lawyers, for people to consult before hiring a lawyer.
Criminal Lawyers provides detailed information on Criminal Lawyers, Criminal Defense Lawyers, Federal Criminal Lawyers, Los Angeles criminal lawyers and more. Criminal Lawyers is affiliated with Las Vegas Criminal Defense Attorneys
sourse:
http://ezinearticles.com/?Criminal-Trial-Lawyers&id=410225
Why Hire a Criminal Defense Lawyer? And How to Hire a Good One
When being faced with a criminal charge I highly recommend that you hire a criminal defense lawyer. I recommend this because the hire of a professional in this matter could be the major difference between a jail sentence and the charges being dropped. A criminal defense lawyer handles many different charges a person can receive such as drug crimes, domestic violence, juvenile crimes, parole and probation violations, white-collar crimes, traffic violations, weapons trafficking, kidnapping, murder and much more.
Consider This While Searching Through Criminal Defense Candidates.
Start off by making a criminal defense candidate list. You can create this list by browsing either through a phone book or via internet searches. Thing's you may want to look for is someone in your area. Or quite possibly you have special needs such as a language barrier, so do they have someone to accommodate to your special needs? After all communication between you and your lawyer is vital! Now that you have done this you are ready to make some phone calls to the firms and get more specific information pertaining to meet your exact needs.
Things to Ask When Deciding Best Fit to Represent You
While speaking with these firms some information that will play an important role in deciding who is best fit to represent you, would be do they have an exact area of expertise in criminal defense? How many years experience do they have? Or even more valuable information would be what kind of result have they produced with previous cases? How many people have they represented? How many times have they been to trial? Are they able to meet with you and if so when? How do they get paid, because some want full payment up front and some want an hourly this differs from firm to firm. By now you should have been able to narrow your list down to only a remaining few candidates.
Making the Final Decision
Now that your list should have only a few candidates remaining you should ask these lawyers for references. Check these references see what these people have to say about the lawyer and how they handled their individual case. Knowing how they handled cases similar to yours should be of great value to you. Make sure you are treated with common courtesy from the lawyer and the other staff at the firm. The criminal defense lawyer should have complete total knowledge of the law of the state they represent. It is also a necessity that they have had a great amount of experience with the federal criminal system also. Make sure that you have confidence in the criminal defense lawyer you choose to represent you, because after all you two make up a team now. Do not allow yourself to be forced into any action you do not agree with taking. Last but not least take your time in choosing the perfect criminal defense lawyer to represent you. The research is worth your time and hopefully in the end it turns out to be worth your money also.
Brandy Ragan writes on marketing and business issues you can learn more by visiting my blog Legal-Criminal Law at
sourse:
http://ezinearticles.com/?Why-Hire-a-Criminal-Defense-Lawyer?-And-How-to-Hire-a-Good-One&id=1740403
Consider This While Searching Through Criminal Defense Candidates.
Start off by making a criminal defense candidate list. You can create this list by browsing either through a phone book or via internet searches. Thing's you may want to look for is someone in your area. Or quite possibly you have special needs such as a language barrier, so do they have someone to accommodate to your special needs? After all communication between you and your lawyer is vital! Now that you have done this you are ready to make some phone calls to the firms and get more specific information pertaining to meet your exact needs.
Things to Ask When Deciding Best Fit to Represent You
While speaking with these firms some information that will play an important role in deciding who is best fit to represent you, would be do they have an exact area of expertise in criminal defense? How many years experience do they have? Or even more valuable information would be what kind of result have they produced with previous cases? How many people have they represented? How many times have they been to trial? Are they able to meet with you and if so when? How do they get paid, because some want full payment up front and some want an hourly this differs from firm to firm. By now you should have been able to narrow your list down to only a remaining few candidates.
Making the Final Decision
Now that your list should have only a few candidates remaining you should ask these lawyers for references. Check these references see what these people have to say about the lawyer and how they handled their individual case. Knowing how they handled cases similar to yours should be of great value to you. Make sure you are treated with common courtesy from the lawyer and the other staff at the firm. The criminal defense lawyer should have complete total knowledge of the law of the state they represent. It is also a necessity that they have had a great amount of experience with the federal criminal system also. Make sure that you have confidence in the criminal defense lawyer you choose to represent you, because after all you two make up a team now. Do not allow yourself to be forced into any action you do not agree with taking. Last but not least take your time in choosing the perfect criminal defense lawyer to represent you. The research is worth your time and hopefully in the end it turns out to be worth your money also.
Brandy Ragan writes on marketing and business issues you can learn more by visiting my blog Legal-Criminal Law at
sourse:
http://ezinearticles.com/?Why-Hire-a-Criminal-Defense-Lawyer?-And-How-to-Hire-a-Good-One&id=1740403
Non-Profit Criminal Defense Attorneys
Non-profit organizations of criminal defense lawyers mission is to ensure justice and deal with people accused of offense. They provide ongoing legal education and support public attention towards citizen rights. They help with the legal process and perform the role of criminal defense practitioners.
Defense criminal attorneys are competent, insured, concerned and pre-screened for suitability and experience on any legal matter. There are reputable criminal defense attorneys who answer all legal questions and make sure that the defendant receives his due, throughout their case. These criminal defense attorneys are licensed to defend all types of charges, including drug possession, drunk driving and domestic violence. Defense criminal attorneys are committed to the case from the beginning and they negotiate charges and hire investigators.
There are non-profit professional associations of attorneys who practice criminal defense, in many countries. They provide free consultation and their fees are minimal. The consultations provided are in criminal law, including driving under the influence, drug offenses, assault, homicide, murder and other crimes.
There are many cases of innocent people who spend time in prison, for something they didn't do. This is essentially the driving force behind the criminal defense law firms in the country. The local criminal defense lawyers protect the rights of citizens who are accused of crime.
These criminal defense attorneys have developed original, insistent and dynamic defense strategies, to protect their clients. These lawyers prepare every case for a trial, rather than rushing for an appeal. This preparation and exceptional courtroom reputation keeps most cases from trial and produce better results.
There are non-profit defense criminal attorney law firms that practice within the multiple facets of the law, but also focus and practice criminal defense. They handle most of state and federal crimes, specializing in the defense of sexual offense and drug charges.
Criminal Defense Attorneys provides detailed information on Criminal Defense Attorneys, Federal Criminal Defense Attorneys, Las Vegas Criminal Defense Attorneys, Los Angeles Criminal Defense Attorneys and more. Criminal Defense Attorneys is affiliated with Federal Criminal Lawyers
sourse:
http://ezinearticles.com/?Non-Profit-Criminal-Defense-Attorneys&id=410226
Defense criminal attorneys are competent, insured, concerned and pre-screened for suitability and experience on any legal matter. There are reputable criminal defense attorneys who answer all legal questions and make sure that the defendant receives his due, throughout their case. These criminal defense attorneys are licensed to defend all types of charges, including drug possession, drunk driving and domestic violence. Defense criminal attorneys are committed to the case from the beginning and they negotiate charges and hire investigators.
There are non-profit professional associations of attorneys who practice criminal defense, in many countries. They provide free consultation and their fees are minimal. The consultations provided are in criminal law, including driving under the influence, drug offenses, assault, homicide, murder and other crimes.
There are many cases of innocent people who spend time in prison, for something they didn't do. This is essentially the driving force behind the criminal defense law firms in the country. The local criminal defense lawyers protect the rights of citizens who are accused of crime.
These criminal defense attorneys have developed original, insistent and dynamic defense strategies, to protect their clients. These lawyers prepare every case for a trial, rather than rushing for an appeal. This preparation and exceptional courtroom reputation keeps most cases from trial and produce better results.
There are non-profit defense criminal attorney law firms that practice within the multiple facets of the law, but also focus and practice criminal defense. They handle most of state and federal crimes, specializing in the defense of sexual offense and drug charges.
Criminal Defense Attorneys provides detailed information on Criminal Defense Attorneys, Federal Criminal Defense Attorneys, Las Vegas Criminal Defense Attorneys, Los Angeles Criminal Defense Attorneys and more. Criminal Defense Attorneys is affiliated with Federal Criminal Lawyers
sourse:
http://ezinearticles.com/?Non-Profit-Criminal-Defense-Attorneys&id=410226
Criminal Defense Attorney
Nobody wants to be a criminal. Everyone knows it better that being a criminal will disturb one’s personal life. A person is terminated from the job. The society will start looking at him with questionable eyes. US laws against crime are very strict. The punishment of any type of crime is very severe. The fines of all the crimes are unaffordable.
A person indulges in any anti law activity just because of the prevailing circumstances. Either he deliberately does the crime or does the crime due to mistake.
A person kills anybody in an anger or dispute.
Once a person was going somewhere with his friend in a train. On the way a dispute among them occurs. In anger one of them kills the other person. He didn’t do the crime deliberately. In the similar way there was a person who was very poor, don’t have money for the treatment of his mother and also to fulfill the basic needs of the family. In order to meet all these requirements he shakes hand with the criminal.
Crimes in US are categories as under:
1. Federal Crimes
2. State Crimes
Federal crimes:
1. The drugs related crimes like-growing of marijuana and selling of drugs
2. Medical related crimes
3. Fraud in credit card, insurance, bankruptcy e.t.c.
4. Immigration and
5. Smuggling e.t.c.
State crimes:
1. Drug crimes- sale and possession.
2. Theft crime.
3. Alcohol and license crime-Driving or boating under the influence of alcohol or driving without the license.
4. Sex crimes– prostitution, child abuse e.t.c.
5. Violent crimes –kidnapping, robbery, assault, bribery, corruption e.t.c.
Crimes are held due to mental tension, depressions or under stress. If you are in the shackles of any of the crimes the first step you must do is to hire a defense attorney so that you may come out of the situation. There are so many criminal defense attorneys in United States from whom you can take help. But the condition is that you should have perfect and clear knowledge about an attorney who is going to assist you in the case. Your attorney must investigate about your case personally. Attorney must be fully aware of your case. Things will go positive if he always keeps in touch with you and informs you about the weak and strong points of your case. You also work according to the guidelines given by the attorney. Only then the best outcome can be achieved. The cases of the criminals are represented in state court and in federal courts. The cases in both the courts are serious matter. The winning of your case depends 100% on the attorney you hired.
During investigation by the state or the federal government you must refer to your attorney before giving any statement and do accordingly. DEA, FBI, IRS are some of the investigating authorities. Attorney who is looking after your case must be experienced in handling case in both prosecutions. While choosing an attorney one must keep in mind the following points:
1. Well qualified in laws.
2. Bold and confident while in court.
3. He should be a great actor in order to gain the favor of the jury and to convince him about his client’s innocence.
4. Has handled and won such type of cases.
5. Capable to find clues and facts.
6. Attorney must be honest with the clients.
7. Friendly with detectives, police, and other lawyers.
8. Lawyer should be bold and never be afraid of threats.
sourse:
http://www.webraydian.com/content/view/1107/32/
A person indulges in any anti law activity just because of the prevailing circumstances. Either he deliberately does the crime or does the crime due to mistake.
A person kills anybody in an anger or dispute.
Once a person was going somewhere with his friend in a train. On the way a dispute among them occurs. In anger one of them kills the other person. He didn’t do the crime deliberately. In the similar way there was a person who was very poor, don’t have money for the treatment of his mother and also to fulfill the basic needs of the family. In order to meet all these requirements he shakes hand with the criminal.
Crimes in US are categories as under:
1. Federal Crimes
2. State Crimes
Federal crimes:
1. The drugs related crimes like-growing of marijuana and selling of drugs
2. Medical related crimes
3. Fraud in credit card, insurance, bankruptcy e.t.c.
4. Immigration and
5. Smuggling e.t.c.
State crimes:
1. Drug crimes- sale and possession.
2. Theft crime.
3. Alcohol and license crime-Driving or boating under the influence of alcohol or driving without the license.
4. Sex crimes– prostitution, child abuse e.t.c.
5. Violent crimes –kidnapping, robbery, assault, bribery, corruption e.t.c.
Crimes are held due to mental tension, depressions or under stress. If you are in the shackles of any of the crimes the first step you must do is to hire a defense attorney so that you may come out of the situation. There are so many criminal defense attorneys in United States from whom you can take help. But the condition is that you should have perfect and clear knowledge about an attorney who is going to assist you in the case. Your attorney must investigate about your case personally. Attorney must be fully aware of your case. Things will go positive if he always keeps in touch with you and informs you about the weak and strong points of your case. You also work according to the guidelines given by the attorney. Only then the best outcome can be achieved. The cases of the criminals are represented in state court and in federal courts. The cases in both the courts are serious matter. The winning of your case depends 100% on the attorney you hired.
During investigation by the state or the federal government you must refer to your attorney before giving any statement and do accordingly. DEA, FBI, IRS are some of the investigating authorities. Attorney who is looking after your case must be experienced in handling case in both prosecutions. While choosing an attorney one must keep in mind the following points:
1. Well qualified in laws.
2. Bold and confident while in court.
3. He should be a great actor in order to gain the favor of the jury and to convince him about his client’s innocence.
4. Has handled and won such type of cases.
5. Capable to find clues and facts.
6. Attorney must be honest with the clients.
7. Friendly with detectives, police, and other lawyers.
8. Lawyer should be bold and never be afraid of threats.
sourse:
http://www.webraydian.com/content/view/1107/32/
Defense Bar Rallies Behind Attorney Charged With Laundering Drug Money
Colleagues call Ben Kuehne a lawyer's lawyer, an attorney whose ethics are beyond reproach. Vice President Al Gore relied on him in his fight to get ballots recounted in the 2000 presidential election.
But the Miami attorney appeared Thursday before a federal magistrate charged with laundering $5.2 million in drug money that was transferred to celebrity lawyer Roy Black to defend Colombian cocaine kingpin Fabio Ochoa. "I am completely innocent of these charges," Kuehne told U.S. Magistrate Judge Stephen Brown. Kuehne wore a blue suit, his trademark bowtie and American flag lapel pin for his court appearance. The defense and prosecutors agreed to a $250,000 bond.
The indictment revives the issue of the legal suitability of money accepted by criminal defense attorneys from clients accused of drug trafficking and money laundering. Medellin kingpin Fabio Ochoa faced charges of plotting to smuggle 30 tons of powder cocaine per month into the United States from 1997 to 1999. Since it's illegal to accept funds from a criminal enterprise, Black paid Kuehne $197,300 to vet money coming from horse and cattle holdings of the Ochoa family and property offered to cover Black's fees.
Kuehne's investigation played out in an elaborate procedure prior to Ochoa's trial in front of U.S. District Judge K. Michael Moore in 2003. The attorney produced six opinion letters concluding funds transferred to Black for Ochoa's defense were legitimate, the six-count indictment said. But prosecutors charge almost $1 million tracked to Black ran through five federal undercover operations that intercepted drug money in Miami, New York and Houston in 2002. Kuehne, Colombian attorney Oscar Saldarriaga Ochoa and Colombian accountant Gloria Florez Velez knew the money was tainted but told the defense team it did not have a criminal taint, prosecutors charged.
"This is a sad day for the Department of Justice," said John Nields, a partner at the Howry law firm in Washington and one of Kuehne's attorneys. "They have indicted one of the finest attorneys in Miami."
Nields served as chief counsel to a House committee investigating the Iran-Contra scandal. Besides Nields, Kuehne's defense team includes Miami attorney Jane Moscowitz of Moscowitz & Moscowitz, and Evan J. Werbel and Jason Raofield, two other Howrey partners.
Moscowitz filed a five-page motion to expedite the defense's challenge to the laundering charge in advance of a dismissal motion, saying Kuehne's conduct is not covered by the statute.
"This highly improbable charge involves important and unprecedented issues of law, policy and procedure," Moscowitz wrote. The indictment was brought by Assistant U.S. Attorneys John Seller and Thomas Pinder of the Justice Department's asset forfeiture and money laundering section in Washington. The case went to Washington because the U.S. Attorney's office in Miami had a conflict as Ochoa's prosecutor. Magistrate Brown's courtroom overflowed with attorneys who support Kuehne. They included CNN legal commentator Jayne Weintraub and criminal defense attorney Frank Quintero Jr., who won a hard-fought acquittal on drug-smuggling conspiracy and laundering charges. Others waited outside because the courtroom was too small for everyone who wanted to attend. Leaving court, Kuehne was upbeat and thanked everyone for their support. "Ben Kuehne has more integrity than any lawyer I know," Weintraub said. The prosecution is "an indictment on the legal profession."
Other lawyers angrily denounced the charges."It's now official: It's a crime to be a criminal defense attorney," Miami criminal defense attorney Milton Hirsch said. Referring to Kuehne's courtly, buttoned-down demeanor, he said, "They picked a guy who sleeps with wing-tipped shoes on and indicted him for going above and beyond to make sure legal fees paid to a different lawyer are clean."
Jon May of May & Cohen in Fort Lauderdale, Fla., distributed a statement saying the case represents the first time charges have been brought against a lawyer who offered advice about compensation.
"To target an adversary like Ben Kuehne, who is held in such high regard by the community and whose integrity is unquestioned, sends a message that any lawyer is at risk," the statement said.
Kuehne represented Gore in Palm Beach County, Fla., where the infamous butterfly ballot forced a recount and numerous other politicians.
He also represented Miami Mayor Joe Carollo in a successful challenge to a strong-mayor referendum in 2000. He teamed with former U.S. Attorney Kendall Coffey in a 2006 challenge to a Sarasota congressional election and successfully challenged the outcome of the City of Miami's mayoral election won by Xavier Suarez. Kuehne, who served as a federal prosecutor and an assistant attorney general in Florida, was recognized by the People for the American Way in 2006 with one of its Spirit of Liberty Awards as "a lawyer's lawyer," which prosecutors allege became his literal downfall. In the field of civil liberties, he challenged a policy prohibiting voter registration after citizenship ceremonies and litigated applications of the federal wet-foot, dry-foot policy for refugees intercepted at sea. Much of his high-profile work has been pro bono.
"I think this case has just as much to do with him being a criminal defense lawyer as it does with him being a prominent Democrat," said Miami attorney David O. Markus, president of the Miami chapter of the Federal Bar Association. "The intent here is to send a message to the criminal defense bar to stay away from these cases. Unfortunately, this case may reignite the war between criminal defense bar and the government, a war many of us had thought was long dead."
Miami attorney Jeffrey Weiner, a former president of the National Association of Criminal Defense Lawyers, said he didn't believe the indictment was political. Weiner knows Sellers and said he is "above playing politics with anyone, especially and including a lawyer."
Coral Gables, Fla., attorney Joel Hirschhorn, who made national news in 1989 when he decided to stop taking drug defendants, said the indictment is "sad and peculiar in many respects. The defense bar is certainly concerned."
Supporters of Kuehne repeatedly castigated the indictment.
"I am assuming they have somebody giving information in a certain light that allows the government to charge a lawyer who was just doing his job," Miami criminal defense attorney Roy Kahn said. Others said they believed it improbable that Kuehne would sacrifice his reputation for a $200,000 side job.
"I don't how many lawyers, me included, who have sought his advice on ethical issues. I hold him in the highest regard," West Palm Beach criminal defense attorney Richard Lubin said. "There has been a war against criminal defense attorneys for a long time, and I think Ben is obvious a casualty of that war."
Quintero said the task of identifying legal fees as crime-free money is daunting.
"I can ask as many questions as I want, look at as many documents. That in itself is not going to say the money is legit," he said. But the indictment comes with a lifelong stain. "Even if he wins, he loses. You are always going to carry that taint because of that accusation."
Kuehne was indicted last October when he was added to the 2005 laundering indictment of Salarriaga, who sat through Ochoa's trial at the defense table, and Flores. The Daily Business Review reported in January 2006 that Kuehne was under investigation.
While the indictment was under wraps, Kuehne closed out his longtime Miami law partnership with Jon Sale and resigned from The Florida Bar's board of governors. The indictment alleges the defendants prepared false and fraudulent spreadsheets, receipts, letters and others documents to buttress Kuehne's opinion letters to the Ochoa defense team that the money was clean.
Prosecutors allege Kuehne, Florez and Saldarriaga commingled drug proceeds through the black market peso exchange operated by money brokers who change drug cartel dollars to Latin American currencies, the indictment said.
Black's firm, Black Srebnick Kornspan & Stumpf, issued a statement backing up Kuehne's work on Ochoa's behalf. "During the course of Ben's work on this matter, the lawyers involved in the Ochoa defense saw nothing to suggest that Ben was doing anything other than his typically careful, factual research and legal analysis," the statement said. "They still stand behind Ben's work in this regard today." Federal magistrates have vetted legal retainers for years at hearings to check the source of funds and ensure attorneys aren't accepting crime proceeds to defend clients.
The Justice Department has cracked down over time by digging deeper into the source of funds, primarily in drug cases.
In Kuehne's case, prosecutors focused on 57 wire transfers to a trust account controlled by Kuehne.
Kuehne attributed 23 of the wire transfers worth a total of $2.3 million to Miami flower merchant Hernando Saravia and two companies he owned.
In reality, $1.8 million from that pool of funds consisted of drug profits routed through federal undercover operations in New York and Miami, the indictment said.
A letter purportedly from Saravia was forged, and most of the statements in it were false, according to the indictment. The two businesses attributed to Saravia were operated by undercover agents.
sourse:
http://www.law.com/jsp/article.jsp?id=900005560078
But the Miami attorney appeared Thursday before a federal magistrate charged with laundering $5.2 million in drug money that was transferred to celebrity lawyer Roy Black to defend Colombian cocaine kingpin Fabio Ochoa. "I am completely innocent of these charges," Kuehne told U.S. Magistrate Judge Stephen Brown. Kuehne wore a blue suit, his trademark bowtie and American flag lapel pin for his court appearance. The defense and prosecutors agreed to a $250,000 bond.
The indictment revives the issue of the legal suitability of money accepted by criminal defense attorneys from clients accused of drug trafficking and money laundering. Medellin kingpin Fabio Ochoa faced charges of plotting to smuggle 30 tons of powder cocaine per month into the United States from 1997 to 1999. Since it's illegal to accept funds from a criminal enterprise, Black paid Kuehne $197,300 to vet money coming from horse and cattle holdings of the Ochoa family and property offered to cover Black's fees.
Kuehne's investigation played out in an elaborate procedure prior to Ochoa's trial in front of U.S. District Judge K. Michael Moore in 2003. The attorney produced six opinion letters concluding funds transferred to Black for Ochoa's defense were legitimate, the six-count indictment said. But prosecutors charge almost $1 million tracked to Black ran through five federal undercover operations that intercepted drug money in Miami, New York and Houston in 2002. Kuehne, Colombian attorney Oscar Saldarriaga Ochoa and Colombian accountant Gloria Florez Velez knew the money was tainted but told the defense team it did not have a criminal taint, prosecutors charged.
"This is a sad day for the Department of Justice," said John Nields, a partner at the Howry law firm in Washington and one of Kuehne's attorneys. "They have indicted one of the finest attorneys in Miami."
Nields served as chief counsel to a House committee investigating the Iran-Contra scandal. Besides Nields, Kuehne's defense team includes Miami attorney Jane Moscowitz of Moscowitz & Moscowitz, and Evan J. Werbel and Jason Raofield, two other Howrey partners.
Moscowitz filed a five-page motion to expedite the defense's challenge to the laundering charge in advance of a dismissal motion, saying Kuehne's conduct is not covered by the statute.
"This highly improbable charge involves important and unprecedented issues of law, policy and procedure," Moscowitz wrote. The indictment was brought by Assistant U.S. Attorneys John Seller and Thomas Pinder of the Justice Department's asset forfeiture and money laundering section in Washington. The case went to Washington because the U.S. Attorney's office in Miami had a conflict as Ochoa's prosecutor. Magistrate Brown's courtroom overflowed with attorneys who support Kuehne. They included CNN legal commentator Jayne Weintraub and criminal defense attorney Frank Quintero Jr., who won a hard-fought acquittal on drug-smuggling conspiracy and laundering charges. Others waited outside because the courtroom was too small for everyone who wanted to attend. Leaving court, Kuehne was upbeat and thanked everyone for their support. "Ben Kuehne has more integrity than any lawyer I know," Weintraub said. The prosecution is "an indictment on the legal profession."
Other lawyers angrily denounced the charges."It's now official: It's a crime to be a criminal defense attorney," Miami criminal defense attorney Milton Hirsch said. Referring to Kuehne's courtly, buttoned-down demeanor, he said, "They picked a guy who sleeps with wing-tipped shoes on and indicted him for going above and beyond to make sure legal fees paid to a different lawyer are clean."
Jon May of May & Cohen in Fort Lauderdale, Fla., distributed a statement saying the case represents the first time charges have been brought against a lawyer who offered advice about compensation.
"To target an adversary like Ben Kuehne, who is held in such high regard by the community and whose integrity is unquestioned, sends a message that any lawyer is at risk," the statement said.
Kuehne represented Gore in Palm Beach County, Fla., where the infamous butterfly ballot forced a recount and numerous other politicians.
He also represented Miami Mayor Joe Carollo in a successful challenge to a strong-mayor referendum in 2000. He teamed with former U.S. Attorney Kendall Coffey in a 2006 challenge to a Sarasota congressional election and successfully challenged the outcome of the City of Miami's mayoral election won by Xavier Suarez. Kuehne, who served as a federal prosecutor and an assistant attorney general in Florida, was recognized by the People for the American Way in 2006 with one of its Spirit of Liberty Awards as "a lawyer's lawyer," which prosecutors allege became his literal downfall. In the field of civil liberties, he challenged a policy prohibiting voter registration after citizenship ceremonies and litigated applications of the federal wet-foot, dry-foot policy for refugees intercepted at sea. Much of his high-profile work has been pro bono.
"I think this case has just as much to do with him being a criminal defense lawyer as it does with him being a prominent Democrat," said Miami attorney David O. Markus, president of the Miami chapter of the Federal Bar Association. "The intent here is to send a message to the criminal defense bar to stay away from these cases. Unfortunately, this case may reignite the war between criminal defense bar and the government, a war many of us had thought was long dead."
Miami attorney Jeffrey Weiner, a former president of the National Association of Criminal Defense Lawyers, said he didn't believe the indictment was political. Weiner knows Sellers and said he is "above playing politics with anyone, especially and including a lawyer."
Coral Gables, Fla., attorney Joel Hirschhorn, who made national news in 1989 when he decided to stop taking drug defendants, said the indictment is "sad and peculiar in many respects. The defense bar is certainly concerned."
Supporters of Kuehne repeatedly castigated the indictment.
"I am assuming they have somebody giving information in a certain light that allows the government to charge a lawyer who was just doing his job," Miami criminal defense attorney Roy Kahn said. Others said they believed it improbable that Kuehne would sacrifice his reputation for a $200,000 side job.
"I don't how many lawyers, me included, who have sought his advice on ethical issues. I hold him in the highest regard," West Palm Beach criminal defense attorney Richard Lubin said. "There has been a war against criminal defense attorneys for a long time, and I think Ben is obvious a casualty of that war."
Quintero said the task of identifying legal fees as crime-free money is daunting.
"I can ask as many questions as I want, look at as many documents. That in itself is not going to say the money is legit," he said. But the indictment comes with a lifelong stain. "Even if he wins, he loses. You are always going to carry that taint because of that accusation."
Kuehne was indicted last October when he was added to the 2005 laundering indictment of Salarriaga, who sat through Ochoa's trial at the defense table, and Flores. The Daily Business Review reported in January 2006 that Kuehne was under investigation.
While the indictment was under wraps, Kuehne closed out his longtime Miami law partnership with Jon Sale and resigned from The Florida Bar's board of governors. The indictment alleges the defendants prepared false and fraudulent spreadsheets, receipts, letters and others documents to buttress Kuehne's opinion letters to the Ochoa defense team that the money was clean.
Prosecutors allege Kuehne, Florez and Saldarriaga commingled drug proceeds through the black market peso exchange operated by money brokers who change drug cartel dollars to Latin American currencies, the indictment said.
Black's firm, Black Srebnick Kornspan & Stumpf, issued a statement backing up Kuehne's work on Ochoa's behalf. "During the course of Ben's work on this matter, the lawyers involved in the Ochoa defense saw nothing to suggest that Ben was doing anything other than his typically careful, factual research and legal analysis," the statement said. "They still stand behind Ben's work in this regard today." Federal magistrates have vetted legal retainers for years at hearings to check the source of funds and ensure attorneys aren't accepting crime proceeds to defend clients.
The Justice Department has cracked down over time by digging deeper into the source of funds, primarily in drug cases.
In Kuehne's case, prosecutors focused on 57 wire transfers to a trust account controlled by Kuehne.
Kuehne attributed 23 of the wire transfers worth a total of $2.3 million to Miami flower merchant Hernando Saravia and two companies he owned.
In reality, $1.8 million from that pool of funds consisted of drug profits routed through federal undercover operations in New York and Miami, the indictment said.
A letter purportedly from Saravia was forged, and most of the statements in it were false, according to the indictment. The two businesses attributed to Saravia were operated by undercover agents.
sourse:
http://www.law.com/jsp/article.jsp?id=900005560078
How to choose a federal criminal defense lawyer
While I hope you don't need one, here is how to go about making a selection. Assuming you're not a member of an organized crime family, in which case you probably have plenty of lawyers on retainer, you should start your search on the Internet.
The first stop on your voyage of lawyer selection should be to check out the Association of Federal Defense Attorneys. They have a website at: http://www.afda.org/ Any reasonably competent attorney that might handle your case is probably a member.
http://www.nacdl.org/public.ns f/freeform/publicwelcome?opend ocument
These lawyers aren't necessarily versed in Federal criminal defense, but they might do.
Next, now that you have an idea of what lawyers are around, stop by http://www.expertlaw.com/libra ry/criminal/federal_criminal_l awyer.html
and get some tips on how to deal with federal criminal defense lawyers. If you know some background on the business you usually get better service.
Finally, just to make sure you have as much working information as you can get, go to: http://criminal-law.freeadvice .com/ and read up on whatever crime you are being accused of. Knowledge is power, and in a Federal Court you will need all the power you can get.
After your introduction to federal law and the criminal defense lawyers available to you, apply this information to your personal situation. Perhaps one of your relatives or friends may have a recommendation?
Good luck and good defense.
sourse:
http://www.helium.com/items/54175-how-to-choose-a-federal-criminal-defense-lawyer
The first stop on your voyage of lawyer selection should be to check out the Association of Federal Defense Attorneys. They have a website at: http://www.afda.org/ Any reasonably competent attorney that might handle your case is probably a member.
http://www.nacdl.org/public.ns f/freeform/publicwelcome?opend ocument
These lawyers aren't necessarily versed in Federal criminal defense, but they might do.
Next, now that you have an idea of what lawyers are around, stop by http://www.expertlaw.com/libra ry/criminal/federal_criminal_l awyer.html
and get some tips on how to deal with federal criminal defense lawyers. If you know some background on the business you usually get better service.
Finally, just to make sure you have as much working information as you can get, go to: http://criminal-law.freeadvice .com/ and read up on whatever crime you are being accused of. Knowledge is power, and in a Federal Court you will need all the power you can get.
After your introduction to federal law and the criminal defense lawyers available to you, apply this information to your personal situation. Perhaps one of your relatives or friends may have a recommendation?
Good luck and good defense.
sourse:
http://www.helium.com/items/54175-how-to-choose-a-federal-criminal-defense-lawyer
Changing Lawyers
It is important to note that your constitutional right to effective assistance of counsel relates almost exclusively to the performance of appointed counsel. It is virtually impossible to convice an appellate court that the incompetence of counsel of your own choosing constitutes an error requiring reversal. If you are not comfortable with the competence of your lawyer, retained or appointed, consult with a second lawyer to have your situation reviewed. It may well turn out that your lawyer is competent - but it is you who could go to prison, not your lawyer, if the lawyer is inept.
sourse:
http://www.expertlaw.com/library/criminal/criminal_lawyer.html
sourse:
http://www.expertlaw.com/library/criminal/criminal_lawyer.html
Private Defense Counsel or Appointed Counsel?
People who are charged with felony offenses, and many individuals who are charged with misdemeanors, may be eligible for appointed counsel or for assistance through a public defender's office. When a defendant petitions for a court-appointed lawyer, the trial judge will typically make an assessment of the defendant's resources to determine if the defendant will qualify for an appointment of a criminal defense lawyer. When an appointment is made, although the defendant may be ordered to repay certain attorney fees following a guilty plea or conviction, there will not ordinarily be any fee in the event of acquittal or dismissal of the charges.
Some people assume that a court appointed criminal defense lawyer will offer services which are inferior to a privately retained lawyer. While it is certainly true that some public defenders, some appointed lawyers, and some private attorneys will prove to be insufficiently skilled or dedicated to their work to provide an effective defense, it is generally asserted that the average public defender will provide better representation than the average private criminal defense lawyer. The primary reasons for this include experience, as a professional public defender will typically have much more experience with criminal cases than a private lawyer, the ability to collaborate with other experienced lawyers within the office, and also due to the resources and systems available to a typical public defender's office. Many private criminal defense lawyers take appointments - meaning that if you are charged in a jurisdiction that appoints private lawyers to represent criminal defendants, many of the lawyers you might otherwise retain will be among those to whom a court might assign your case. And even if you are ordered to repay legal fees, the cost of an appointed lawyer is almost always significantly lower than the cost of a retained lawyer.
In short, if you can hire an effective criminal defense lawyer you should not hesitate to do so. But, if your means are limited, you should also not hesitate to request an appointed defense lawyer, and should not fear that you will receive inferior representation just because your lawyer was appointed.
sourse:
http://www.expertlaw.com/library/criminal/criminal_lawyer.html
Some people assume that a court appointed criminal defense lawyer will offer services which are inferior to a privately retained lawyer. While it is certainly true that some public defenders, some appointed lawyers, and some private attorneys will prove to be insufficiently skilled or dedicated to their work to provide an effective defense, it is generally asserted that the average public defender will provide better representation than the average private criminal defense lawyer. The primary reasons for this include experience, as a professional public defender will typically have much more experience with criminal cases than a private lawyer, the ability to collaborate with other experienced lawyers within the office, and also due to the resources and systems available to a typical public defender's office. Many private criminal defense lawyers take appointments - meaning that if you are charged in a jurisdiction that appoints private lawyers to represent criminal defendants, many of the lawyers you might otherwise retain will be among those to whom a court might assign your case. And even if you are ordered to repay legal fees, the cost of an appointed lawyer is almost always significantly lower than the cost of a retained lawyer.
In short, if you can hire an effective criminal defense lawyer you should not hesitate to do so. But, if your means are limited, you should also not hesitate to request an appointed defense lawyer, and should not fear that you will receive inferior representation just because your lawyer was appointed.
sourse:
http://www.expertlaw.com/library/criminal/criminal_lawyer.html
Finding a Criminal Defense Lawyer
It is unfortunately not always easy to find a good criminal defense lawyer. Here are some suggestions:
Referrals - It may be possible to find a criminal defense lawyer from somebody who is familiar with the lawyer's practice. For example, if you regularly work with a lawyer or law firm, that lawyer may be able to suggest a competent criminal defense lawyer in your area. If your county is served by a public defender's office, sometimes a defender's office will be willing to suggest a competent are defense lawyer. If you have a friend or family member who has been in trouble with the law, that person may be able to make some suggestions.
Courtroom Observation - You may wish to sit through some public sessions of court while criminal cases are being argued. If you find a particular lawyer's performance to be impressive, you may take note of the lawyer's name and later contact the lawyer about the possibility of representing you.
Professional Organizations - Each state, and some major cities, have organizations of criminal defense lawyers. Some of those organizations offer referral services or online directories, which you can use to find a defense lawyer in your area.
Directories - There are a number of online directories which include criminal defense lawyers, including Lawyers.com and FindLaw.
State versus Federal Charges - There are additional factors you may wish to consider when hiring a federal criminal defense attorney.
After you have located one or more attorneys whom you wish to consult about your case, call them to schedule appointments. (Find out at that time if they offer a free initial consultation, or if you will be charged for the meeting.) Try to speak with the criminal defense lawyer over the phone before scheduling the appointment. Ask about the lawyer's general experience with criminal defense, and any specific experience with cases like yours.
Trust your instincts - if you aren't comfortable with an attorney you consult, try a different office. You do not have any obligation to hire a lawyer merely because you consulted with that lawyer. If your lawyer is promising you that your case is easy, or makes promises that you won't go to jail, speak to other lawyers before signing a retainer agreement - some lawyers misrepresent the gravity of a defendant's situation or the complexity of a case in order to entice the defendant to pay a retainer, and then blame the judge or prosecutor when the rosy scenario they initially promised turns out to be a nightmare.
Read the entire fee agreement with the lawyer before you sign it, and make sure you get a copy for your own records.
sourse:
http://www.expertlaw.com/library/criminal/criminal_lawyer.html
Referrals - It may be possible to find a criminal defense lawyer from somebody who is familiar with the lawyer's practice. For example, if you regularly work with a lawyer or law firm, that lawyer may be able to suggest a competent criminal defense lawyer in your area. If your county is served by a public defender's office, sometimes a defender's office will be willing to suggest a competent are defense lawyer. If you have a friend or family member who has been in trouble with the law, that person may be able to make some suggestions.
Courtroom Observation - You may wish to sit through some public sessions of court while criminal cases are being argued. If you find a particular lawyer's performance to be impressive, you may take note of the lawyer's name and later contact the lawyer about the possibility of representing you.
Professional Organizations - Each state, and some major cities, have organizations of criminal defense lawyers. Some of those organizations offer referral services or online directories, which you can use to find a defense lawyer in your area.
Directories - There are a number of online directories which include criminal defense lawyers, including Lawyers.com and FindLaw.
State versus Federal Charges - There are additional factors you may wish to consider when hiring a federal criminal defense attorney.
After you have located one or more attorneys whom you wish to consult about your case, call them to schedule appointments. (Find out at that time if they offer a free initial consultation, or if you will be charged for the meeting.) Try to speak with the criminal defense lawyer over the phone before scheduling the appointment. Ask about the lawyer's general experience with criminal defense, and any specific experience with cases like yours.
Trust your instincts - if you aren't comfortable with an attorney you consult, try a different office. You do not have any obligation to hire a lawyer merely because you consulted with that lawyer. If your lawyer is promising you that your case is easy, or makes promises that you won't go to jail, speak to other lawyers before signing a retainer agreement - some lawyers misrepresent the gravity of a defendant's situation or the complexity of a case in order to entice the defendant to pay a retainer, and then blame the judge or prosecutor when the rosy scenario they initially promised turns out to be a nightmare.
Read the entire fee agreement with the lawyer before you sign it, and make sure you get a copy for your own records.
sourse:
http://www.expertlaw.com/library/criminal/criminal_lawyer.html
How Much Will My Defense Cost?
The cost of a criminal defense lawyer can vary significantly depending upon the jurisdiction, and the nature of the charges which have been filed (or which are expected to be filed) against the defendant. A lawyer will typically require a greater retainer for a complex case than for a simple case. The amount of a retainer will also typically increase with the severity of the charge filed against a defendant. Sometimes, though, a relatively minor charge can require a higher retainer, where the attorney expects to have to engage in extensive motion practice, or where it will be necessary to utilize expert witnesses.
In a misdemeanor case, although as previously noted the typical fee will vary significantly between cities, counties, and states, it is not unusual for a lawyer to request a retainer of several thousand dollars. For felony cases, retainers often start at $5,000 - $10,000, and can be $25,000 or more for serious or life felonies, such as sexual assault cases or homicide. The anticipated cost of expert witnesses can also significantly increase a retainer.
Be wary of entering into a retainer agreement which calls for additional payments if the case will go to trial. It is not unusual for appellate lawyers to hear clients recite that they entered into guilty pleas after they were unable to come up with the necessary funds to pay their lawyers to proceed with a trial. If you do decide to enter into an agreement whereby you will pay an additional retainer if your case goes to trial, make sure that it is an amount you can afford.
sourse:
http://www.expertlaw.com/library/criminal/criminal_lawyer.html
In a misdemeanor case, although as previously noted the typical fee will vary significantly between cities, counties, and states, it is not unusual for a lawyer to request a retainer of several thousand dollars. For felony cases, retainers often start at $5,000 - $10,000, and can be $25,000 or more for serious or life felonies, such as sexual assault cases or homicide. The anticipated cost of expert witnesses can also significantly increase a retainer.
Be wary of entering into a retainer agreement which calls for additional payments if the case will go to trial. It is not unusual for appellate lawyers to hear clients recite that they entered into guilty pleas after they were unable to come up with the necessary funds to pay their lawyers to proceed with a trial. If you do decide to enter into an agreement whereby you will pay an additional retainer if your case goes to trial, make sure that it is an amount you can afford.
sourse:
http://www.expertlaw.com/library/criminal/criminal_lawyer.html
Do I Need A Criminal Defense Lawyer?
Any person who is facing a criminal charge, no matter how minor, will benefit from consulting a competent criminal defense lawyer. Even if the lawyer is not retained to provide representation in court, a consultation will help a criminal defendant understand the nature of the charges filed, available defenses, what plea bargains are likely to be offered, and what is likely to happen in the event of conviction.
For serious charges, it will be a rare defendant who does not benefit from having a competent criminal defense lawyer assist with the negotiation of a plea bargain, or to prepare a case for trial.
A criminal defense lawyer should also be able to identify important pretrial issues, and to bring appropriate motions which might significantly improve a defendant's situation, or even result in the dismissal of charges.
sorse:
http://www.expertlaw.com/library/criminal/criminal_lawyer.html
For serious charges, it will be a rare defendant who does not benefit from having a competent criminal defense lawyer assist with the negotiation of a plea bargain, or to prepare a case for trial.
A criminal defense lawyer should also be able to identify important pretrial issues, and to bring appropriate motions which might significantly improve a defendant's situation, or even result in the dismissal of charges.
sorse:
http://www.expertlaw.com/library/criminal/criminal_lawyer.html
Federal Criminal Proceedings
It is helpful during federal criminal proceedings to be represented by a lawyer who is familiar with the federal rules of evidence, federal rules of criminal procedure, trial procedure, and the federal court system in general. The lawyer should also be familiar with federal sentencing procedures, and with the recent Supreme Court rulings which affect sentencing. It helps to have a defense lawyer who is familiar with the U.S. Attorney's office which is handling the case, and ideally some familiarity with the federal investigative agency which spearheaded the investigation.
There is no such thing as a highly qualified federal criminal defense lawyer who dabbles in federal court matters. Lawyers either know federal criminal defense, or they don't. If you are involved in the federal criminal system, make sure your lawyer, or at least one of the lawyers who will be serving on your defense team, has extensive experience with the defense of federal criminal charges. As previously noted, federal criminal defense tends to be very expensive. You will be paying for specialized experience - so make sure you get it.
sorse:
http://www.expertlaw.com/library/criminal/federal_criminal_lawyer.html
There is no such thing as a highly qualified federal criminal defense lawyer who dabbles in federal court matters. Lawyers either know federal criminal defense, or they don't. If you are involved in the federal criminal system, make sure your lawyer, or at least one of the lawyers who will be serving on your defense team, has extensive experience with the defense of federal criminal charges. As previously noted, federal criminal defense tends to be very expensive. You will be paying for specialized experience - so make sure you get it.
sorse:
http://www.expertlaw.com/library/criminal/federal_criminal_lawyer.html
Federal Criminal Investigations
If you are contacted by the federal authorities in relation to a criminal investigation, the first thing you must attempt to determine is if you are being contacted as a potential witness or as a suspect. The second thing you must determine is what statements you can safely make to the authorities without potentially falling into a trap, such as being charged with lying to federal agents. Consider for example the case of Martha Stewart, who was acquitted of any direct criminal wrongdoing but spent time in prison for making false statements to federal investigators.
A federal criminal defense lawyer can help you assess the nature and purpose of the investigation, and why you are being approached. While you should expect your lawyer to instruct you to provide honest answers to any questions from the federal authorities, your lawyer may be able to guide you around any potential traps or pitfalls. When appropriate, a federal criminal defense lawyer can be present during any questioning, act as an intermediary between you and the investigating authorities, or advise you to exercise your Fifth Amendment privilege against self-incrimination. If appropriate, a federal criminal defense lawyer may be able to work out a deal where you will cooperate with the investigation, in return for more favorable treatment when the investigation is concluded. In appropriate cases your lawyer may also be able to secure a letter of declination, in which the U.S. attorney formally declines to prosecute you in relation to a particular offense or investigation.
sourse:
http://www.expertlaw.com/library/criminal/federal_criminal_lawyer.html
A federal criminal defense lawyer can help you assess the nature and purpose of the investigation, and why you are being approached. While you should expect your lawyer to instruct you to provide honest answers to any questions from the federal authorities, your lawyer may be able to guide you around any potential traps or pitfalls. When appropriate, a federal criminal defense lawyer can be present during any questioning, act as an intermediary between you and the investigating authorities, or advise you to exercise your Fifth Amendment privilege against self-incrimination. If appropriate, a federal criminal defense lawyer may be able to work out a deal where you will cooperate with the investigation, in return for more favorable treatment when the investigation is concluded. In appropriate cases your lawyer may also be able to secure a letter of declination, in which the U.S. attorney formally declines to prosecute you in relation to a particular offense or investigation.
sourse:
http://www.expertlaw.com/library/criminal/federal_criminal_lawyer.html
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