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
Wednesday, 18 March 2009
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
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