Tuesday, March 16, 2010

The Many Benefits Of Being A Lawyer


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People of a certain generation tended to view the profession of law with a certain degree of awe and respect. Take the example of my father who was an avid fan of Perry Mason; he was fascinated by the idea that his daughter could one day become a lawyer one and unmask the criminals in the court of law. What is it about being a lawyer that attracts the best and the brightest talent?

The Legal Profession Pushes You To Your Full Potential

A common misperception towards lawyers in general, not just in the USA but also all over the world, is that younger lawyers are usually not to be trusted with complicated cases. We often tend to gravitate towards older lawyers because we see them as more experienced. People will typically start trusting a young lawyer as he starts earning some credibility from winning some cases. Thus a newbie in the legal profession may proceed a bit slow in the beginning of his career, but after a few success and wins, his career starts gathering momentum

Great Earning Potential

As a beginner in the world of law, you may need to work as an apprentice in a law firm for a few years, or you can also run your own private practice. Whatever may be the case, the remuneration you earn at this stage is not much.

But do not get discouraged; to emerge as a successful lawyer you need time to grasp the law and get to know the inner workings of the law to help you solve the most complicated of cases. Once you have gained more experience and earned a solid reputation for winning cases, you can charge a much higher fee. Working as a corporate lawyer also earns a decent salary starting out at approximately $125000 a year.

Earn Prestige As A Lawyer

You can enter into the government service as a lawyer in three levels: local, state and federal. Among these three, the federal lawyers naturally earn more money and prestige.

Contribute To Society By Bringing Criminals To Justice

As long as society exists, there are bound to be crimes and criminals. The good thing about practicing as a lawyer is that you will never be out of work. Your law degree will always help you find work, or you could always be your own boss. It is also a profession that allows you to enrich your professional as well as personal experiences. Above all, as a lawyer, you have the capability to contribute a great deal to society, and perform great social service by bringing offenders to justice and helping the innocent find justice.

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Monday, March 15, 2010

How to Find an Indiana Criminal Defense Lawyer


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Although no one ever hopes they'll need a criminal defense lawyer, the need arises more often than you might imagine. If you live in Indiana - whether in South Bend, Crown Point, Indianapolis, Valparaiso, or any other city or town - it's important to be able to find a good criminal defense attorney in your time of need. But how do you go about assessing the strengths of an attorney? Here are some tips to help you select a lawyer that meets your needs and circumstances.

Geographic Familiarity

While laws apply to the entire state, each Indiana county has its own approach to criminal justice. As is true for every state, there is some variation in law enforcement from area to area. Judges, prosecuting attorneys, and probation officers have quite a bit of leeway in how misdemeanor and felony cases are handled. It's important, then, to find a criminal defense lawyer or legal team that has experience in the geographic area where the crime was allegedly committed. Local approaches and procedures can affect the outcome of a case, and a lawyer who is familiar with those differences can work them to his client's advantage.

Type of Criminal Charge

Some criminal defense attorneys specialize in one type of criminal charge, such as crimes involving a weapon, or traffic ticket appeals, or sentence modification. The best criminal defense lawyers, however, have a broad range of experience in a variety of charges - everything from traffic ticket appeals to felony DUI to carjacking to homicide. Make sure that you select a lawyer who has a broad range of experience, and who is a seasoned trial attorney. Hopefully, the case will never go to trial, but if it does, you want to ensure that you have the best representation available to you or your loved one.

Fighting on Behalf of the Client

A good criminal defense lawyer takes a number of steps to ensure that his client obtains the most favorable outcome. The first step is to take the time to examine the facts of the case. An experienced attorney can see where the police investigation may have been weak, where the prosecution's evidence is lacking, and whether or not Indiana law has been correctly applied to the case.

The next step is to take proactive steps on the client's behalf. By offering a client's defense in the best possible light, and by acting in a timely manner, a good attorney can often have charges for the most serious crimes dismissed or lowered in severity. In contrast, the clients of lawyers who wait until the last minute are rarely offered the best outcomes.

Cost and Availability

When looking for an Indiana criminal defense attorney, cost may not be the primary consideration, but it does enter the picture. Some of the best lawyers offer free initial consultations for the specific problem you or your loved one are facing.

When making your choice, you have a right to expect that your lawyer will be available to you when you need him. Facing criminal charges can be frightening, depressing, and stressful. Knowing that your lawyer is available in a timely manner to answer your questions and address your concerns is of primary importance.

With the right Indiana criminal defense attorney, your legal troubles will soon be behind you or your loved one, and you can get back to enjoying life.

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Sunday, March 14, 2010

Life As a Criminal Defense Lawyer


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Life as a criminal defense lawyer is not easy when your job is basically to help those who are arrested of a crime. While some of the clients you meet are innocent, many of them are guilty and have had previous run-ins with the law.

Since the law dictates that everyone is innocent until proven guilty and you decided to specialize in this field, you have to defend this person by putting up the best defense there is available.

There are various strategies you can use to get your client off. You can plead insanity or claim that someone else did the crime. If your client has something to offer, you can make a deal with the district attorney in exchange for the client being granted immunity.

But before you decide what cards to play, you have to talk to your client. If this person is in jail, you have to go there and ask what happened. You should already discuss whether to enter a guilty or not guilty plea because your client will be arraigned shortly.

When a trial date has been set, you can get a copy of the documents of the case from the district attorney's office because by law, both sides are supposed to view everything from the police reports to the evidence.

You will also get a copy of the people the prosecution will be calling to the witness stand as they too will also be aware of that so there will be no surprises during trial.

When it is your turn to cross examine the witness, you should use whatever is available to cast doubt on their testimony because this is the only way that the jury may be convinced that your client is not capable of doing the crime. Using expert witnesses of your own is also helpful since they can dispute the claims of the other camp.

Before the jury will reach its verdict, you will have one last chance to state your client's innocence when you are given the opportunity for your closing argument. When it is all over, you just have to wait for the decision of the court to take the next course of action.

Your client's not guilty verdict means your job is done and you can move on and work with another client. A guilty verdict means you have to stay on as counsel for this individual and appeal the jury's decision to a higher court so you can perhaps get a reversal.

The best way to win an appeal is to determine if there is something in the trial that shouldn't have happened or was overlooked. These technicalities are better known as constitutional protections. For instance, the client's confession was taken without the presence of a lawyer so whatever they said is inadmissible in court. The same goes if a search was done without a warrant.

There are many examples which you can use. You may even cite a case with similar circumstances because this serves as precedence to the one you are working on.

The life of a criminal defense lawyer is challenging no matter how many times you have been inside the court room. This is because you get to work with different clients each time since someone who was innocent can no longer be charged with the same offense because of the principle of double jeopardy.

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Saturday, March 13, 2010

Gwinnett County Criminal Defense Case - What to Do When You're Involved


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Although Gwinnett County is just a small town in Georgia, the size of an area doesn't affect in any way the excellence of its judicial system. If you find yourself involved for one reason or another in a lawsuit in Gwinnett County and you have a need to hire a criminal defense lawyer, don't let yourself underestimate the other party and simply assume that a small town court will immediately find you innocent.

It doesn't work that way.

Gwinnett County or Los Angeles, wherever your case is being tried, the process is always the same: the government - or the "good" side - will always do their best to force you to give up and confess. To protect yourself from succumbing to pressure, you need to hire an exceptional Gwinnett County criminal defense lawyer to handle your case.

How Do I Know I Need a Criminal Defense Lawyer?

The clerk at the Gwinnett County judicial court himself will mail you a written notice of your impending warrant. When this happens, you must prepare yourself physically, mentally and emotionally for a protracted battle. Ask your close friends or research online about possible criminal defense lawyers you may hire.

It's a Psychological Battle

Guns and knives are not the weapons used in court but wit. You will do best with a Gwinnett County criminal defense lawyer backing you up because he or she is already familiar of the "traditions" that must be observed in the court, the strengths and weaknesses of the prosecutor and what factors can sway the minds of the judge and the jury in your favor. In plain and simple terms, it's better to hire a lawyer who's already familiar with the courtroom techniques of the prosecuting side. He will be more able to anticipate the motives or ploys of the other party and make the necessary adjustments.

What Happens If I Can't Afford to Hire My Own Counsel?

In the previous paragraph, an assumption on your ability to hire your own legal counsel was made. If, however, that proves to be impossible, Gwinnett County criminal defense laws allow you to apply for a court appointed counsel. You must submit a written application and do sounder oath. Applications are available at the Magistrate court. It's best if you apply for a court appointed counsel prior to your hearing as failure to do so will cause hearings to be indefinitely postponed.

Don't Plead

When a person is unjustly accused of committing a crime, his first instinct may be either of the two: do as the movies show us and "remain silent until your lawyer arrives" or give a sincere but thorough explanation on why it's absolutely implausible that you should be accused of committing such a crime.

In this case, option A is the best course to take. In criminal cases, however unfair this may be, the prosecuting side has usually pre-judged you already. It is therefore to your disadvantage to lay all your cards on the table as they'll certainly never give you the benefit of doing the same.


Trust Your Lawyer

At some point in your trial, you may feel like your lawyer is incapable of protecting you because it's taking him so long to get an acquittal. Don't give up! Trust your lawyer to do what's best for you. Unlike civilian cases, criminal lawsuits require lawyers to use highly sophisticated techniques in the court room and most of these techniques are a ploy to gain more time to come up with an ace.

The trust you have in your lawyer is crucial to the outcome of your case. If you can't display that trust, find another lawyer or the Gwinnett County Judicial System will find you guilty in a second.

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Friday, March 12, 2010

Five Questions to Ask a Criminal Lawyer Before Hiring


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For most people, choosing the right lawyer (or doctor, or accountant, etc.) is difficult. Our work is highly specialized, so it's hard for regular people to know what questions to ask. Below are five questions you should ask criminal lawyers before hiring them. There are plenty of other questions to ask, but there are good ones.

1. What will you do if the prosecutor refuses to plea bargain and insists on a plea of guilty?

The right answer is that your criminal lawyer will fight the case. In this situation, a defendant has nothing to lose from fighting. The worst that can happen if you fight is that you will be found guilty after a trial - the same result as if you plead guilty. Practically, it's possible that the sentence would be worse in this situation, but in my experience there is either no difference or a better result. Plus, you might actually win. A follow-up question to ask on this is how much it will cost for the fight.

2. How many jury trials have you done?

The answer, hopefully, is at least five. For more serious cases you'd want someone with 10 or more trials. If the answer is zero, then you may not want that lawyer. I've had over 40 jury trials (maybe over 50 - I've lost count). Most of my trials have been in personal injury cases, but I have had a few criminal jury trials. On that thought, a good follow up question here is to ask how many criminal jury trials the attorney has had.

For felonies, you may also want to ask how many felony trials. I'm ambivalent about this one, because I've only had to show up for one felony trial and the prosecutor agreed to dismiss it before we picked a jury. All of my other felony cases have been resolved long before we got to trial, most of them favorably.

Similarly, if it's a federal criminal case, you should ask about federal trials. Around here those are a lot rarer and it's probably hard to find an attorney who has done a lot of them.

3. Who will handle my case?

Most criminal lawyers are solo practitioners or work in small offices, and they handle their own cases. Our office has grown and I have associates who handle substantial work. I generally review their paperwork and do most of the hearings and so far all of the trials. I'm confident that having associates do part of the work is actually better for the client. You get different sets of eyes looking at things and there's more chance of picking up key details.

The thing to worry about is that some lawyers have a "business model" that may not be good for you. It's pretty rare, but some lawyers who advertises heavily end up doing almost no work on your case. They accept cases far from their office and have someone local appear for them. Unlike with an associate, there is little quality control.

For minor cases like traffic tickets, where the lawyer will simply be negotiating a plea deal, this may not matter as much. Easy for me to say since we do that. But I don't feel comfortable having an outside lawyer do substantive in-court work for me on a serious criminal case, even on a DWI (which I think is pretty serious).

4. How many cases like mine have you handled?

In general, you want a lawyer who's seen something similar in the past. If you are facing a DWI, you want a lawyer who's handled a few before. If it's a federal drug case, you want someone with that experience. An attorney with no experience in that area is going to miss some details. I'm a much better DWI lawyer now than I was four years ago. I've seen more, done more, and learned more.

Every once in a while I get a call from someone with a really odd case. If you're in that situation, you're not going to find a lawyer who's had ten of them before. You should be looking for someone with general criminal defense experience and something at least vaguely related.

For traffic cases, this can matter a great deal. Our firm represents many out-of-state drivers, and the deals we try to get for them are sometimes different than what we do for NY drivers. We have direct access to not only the NY DMV database, but also the NJ MVC because we get so many New Jersey clients. Make sure the attorney understands your circumstances and knows how to deal with your particular situation.

5. Do I have to come to Court?

Our clients rarely come to Court with us. Most of our appearances are routine and nothing of significance happens at them. It is a waste of time for our clients to come, and it can be quite stressful for them. By saving them the trip and stress, we are providing a real benefit.

Even for most hearings and even some trials, we do not bring our clients. They are certainly welcome to come, and in some cases their participation is important, but we usually don't need them. Pre-trial hearings are mainly about what the police have to say. Clients rarely testify at this stage.

An exception is complex cases or white collar crime, where the client's presence can be critical. Even if they don't testify, they can provide insight to the attorney that helps with cross-examination of the prosecution witnesses.

Those five questions are a good start. You should have more, based on the details of your case and your situation. Choose wisely and you will be a lot happier with your criminal defense lawyer.

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Thursday, March 11, 2010

How Does a Criminal Defense Lawyer Do Their Job?


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Everyone has their day in court. This means that even if the client is guilty, the criminal defense lawyer must do whatever is necessary so that person will not be convicted of the crime.

How does that work? If you are a public defender, the client will be appointed and you have to meet with them. Before this person is arraigned in court, you will have time to discuss what will be their plea which will then be presented to the judge. Afterward, ample time will be given so you can conduct an investigation, review police reports and examine the evidence to prepare you for trial.

During the trial, both sides will be able to present witnesses. Some of these are experts and after the prosecution questions this person on the stand, you will have the chance to cross-examine them and vice versa.

Before the trial starts or even during, you can try to settle this matter out of court. You have the right to accept or turn it down but you must first discuss this with your client.

When all the witnesses have spoken and the evidence has been presented, the only thing you have to work on now is your closing argument. You should summarize everything that has happened in front of the jury because the prosecution will do the same so the jury can now go to the jury room and make their decision.

How long will the jury will be deliberating is anyone's guess. Sometimes a verdict will be announced in less than hour while others will take longer. When the jury has returned, you will know if the jury has reached a guilty or not guilty verdict.

If the verdict is guilty, then you can appeal the decision to the higher court. If the verdict is not guilty, then your client can walk out of the court room as a free man.

The same thing happens when you are working for or have your own criminal defense law firm. The only difference is that clients will go up to you. When they walk in, they will want to interview you first to find out a little about you.

You should be ready to answer questions such as how long have you been a criminal defense attorney, how many cases have you won, do you go to trial often or decide to settle this matter out of court and so on. How you answer will help them decide if they want to hire you or not.

Another difference between those who operate privately is that you can charge a certain fee for your legal services. You can charge a flat fee or on an hourly basis. This depends on you.

If you are handling a lot of cases right now, be honest with the client and tell them you can't because you will not be able to represent them to the fullest of your ability in that condition.

So how do you a criminal defense attorney do their job? By operating on the assumption that anyone who is arrested is innocent until proven guilty. This is hard especially if you know your client did it but this is your duty as a public defender. You failure to do so will mean this person will spend the rest of their time in jail.

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Wednesday, March 10, 2010

How an Indiana Criminal Defense Lawyer Can Help After Conviction


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It's a devastating blow when you or a loved one has been convicted of a crime, whether a misdemeanor or a felony. If you live in Indiana - whether in South Bend, Crown Point, Indianapolis, Valparaiso, or another city or town - you should know that a good criminal defense lawyer can help you in terms of appeals, probation, and sentence modification.

Appeals

If you are convicted of a crime, an experienced attorney can review the charges and trial to determine if there is cause for appeal. For example, there may have been mistakes made in the charges brought against you, or there may have been improprieties during the trial itself. Perhaps there was an exclusion of exculpatory evidence or testimony, or maybe the trial court made a mistake in its decision to join defendants. Perhaps the evidence didn't support a severe charge and conviction, and you should have been tried on a reduced charge and received a lighter conviction.

Appeals can also be made and won based on issues surrounding sentencing. Perhaps a sentence was imposed that was an abuse of the trial court's discretion, or a prior conviction was inappropriately used to justify a harsher sentence.

A good criminal defense attorney is especially important if a conviction on a misdemeanor charge would mean the revocation of a professional license. A successful appeal could mean the difference between maintaining your livelihood and having to start your life over again in a new profession.

Probation Violations

You can experience severe consequences if you are arrested while on probation or if you have violated your probation after conviction and a suspended sentence. An experienced lawyer can present your case in the best possible light in order to avoid the harshest penalties. Given that local jurisdictions can have tremendous leeway in how probation violations are treated, it's important to engage a lawyer who has knowledge of the procedures in each Indiana county. This is particularly crucial if you have been charged with a new crime while on probation, as a conviction means that you would have to serve consecutive sentences for the suspended portion of your original sentence and the sentence for your new conviction.

Sentence Modification

If you've been convicted of a crime, an experienced criminal defense lawyer can often successfully file an appeal with the Indiana State Court of Appeals in order to obtain a sentence modification, verdict reversal, or an order for a new trial.

Even if you've unsuccessfully appealed your verdict, you can still try to obtain what's called post-conviction relief. Post-conviction relief typically involves arguing that you didn't receive effective legal counsel during your trial, that you were coerced into pleading guilty, that new evidence has been discovered, and so forth. When post-conviction relief is successful, your lawyer can work to undo conviction-related damage to your rights and records.

When you've been convicted of a crime, it's difficult to surmount the emotional turmoil and think clearly about the road ahead. That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process.

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