You can plead “Not Guilty”

Wednesday, May 20th, 2009

Civil law involves a private law suit between several private entities while criminal law consists of criminals being prosecuted by the federal government for an act of crime. Most crimes consist of a mental state, an act, and the criminal’s intent to do any social harm.

Some crimes are just misdemeanors – less serious offenses normally punishable by fine such as petty theft, traffic violations, or possession of little marijuana. Felonies, on the other hand, are more serious offenses warranting imprisonment such as homicide/murder, rape, grand theft, or assault and battery.

If you committed a crime, take note that you can still plead “not guilty” even if you’re guilty. Criminal law states that you should be treated as innocent until proven guilty. Unlike civil law, where the plaintiff only need to show at least 51% liability, criminal law needs to prove to the jury or judge that the suspect is guilty “beyond reasonable doubt.”

Therefore, the sooner you bring a criminal defense lawyer into the case, the better. Don’t seek answers from prosecutors or police officers who don’t have a vested interest in your well-being. Most importantly, do not ever resort to a wait-and-see approach because it’s your freedom at stake!

Tags: civil law, crime, Criminal, criminal defense lawyer, criminal law, felonies, misdemeanors
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Defense for Drug Crime

Monday, May 18th, 2009

Federal drug crime defense is similar to a state drug crime defense. The only differences are in pre-trial motions and sentencing. One important factor to determine the seriousness of your drug case is through the quantity and type of the illegal drugs you possess. A few pounds is definitely more serious compared to a few ounces, a few ounces is graver than a few grams, etc.

Another factor to consider is whether you have prior criminal records. Accordingly, a felony probation record or prison sentence prior to the crime will potentially have greater punishment compared to a minor record of misdemeanors or a clean record.

Your criminal defense lawyer should understand the law of seizures and illegal searches. Because the first shot of defense in any drug case is the evaluation whether police have conducted an illegal search on yourself, your automobile, or your home.

Another line of defense is the accurate evaluation of the prosecution’s evidence. If it’s strong, then immediate steps must be done to build a stronger defense case. As such, your criminal lawyer must be skilled to work a plea bargain calling for dismissal of disqualifying charges or at least find an alternative that will qualify you for Proposition 36 or Diversion programs.

Tags: criminal defense lawyer, criminal lawyer, criminal records, drug crime defense, plea bargain
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Criminal Defense Lawyers: More than Witness Questioners

Wednesday, April 29th, 2009

People accused of crimes face the horrible possibility of spending many years in jail, sometimes even for a lifetime. However, if you will hire a good criminal defense lawyer, you’ll find someone who is committed to represent you all the way. He or she will negotiate with prosecutors and may be able to arrange for reduced charges and lesser sentencing.

Many people think that defense lawyers simply question court witnesses. Well, you might be surprised to know that this is not all that they do. Good criminal defense lawyers will also:

• Spend many hours to study your case.
• Gather information or data from prosecution witnesses.
• Hire investigators and manage them too. The objective of this is to impeach prosecution witnesses who change their stories during trial.
• Understand possible “hidden costs” if you plead guilty, which may not be thought of by a self-represented person.
• Familiarize themselves with local court procedures and customs which are not written down. They’re also familiar with many criminal law rules hidden in court interpretations of state and federal constitutions.
• Provide you with an objective reality check about your situation and the possible consequences if your case will go to trial. This is very important if you’re deciding whether to accept the “plea bargain” offered by the prosecutor.
• Formulate sentencing programs that can be tailored to your needs. This may help you avoid another brush with the justice system in the future.

Tags: crime, Criminal, criminal defense lawyer, defense lawyers
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Is your Criminal Defense Attorney Reliable?

Monday, April 27th, 2009

Lawyers are human beings too. This means that they’re not perfect. However, when your freedom is the one at stake, you simply can’t afford sub-par performance from your criminal defense lawyer. So here are some things to watch out for:

• Your attorney should frequently mention about new pleas from the ADA (Assistant District Attorney)

As much as possible, constant negotiations should be made on your behalf. Therefore, you must expect your attorney to bring you new or improved offers from ADA.

If he or she tells you that the 2-year jail term offer has not yet changed since the last 3 months, then a red flag must rise up in your mind. Attorneys should never cease to find new evidence or at least go back to the negotiating table with fresh material to argue for a better deal. Nothing is written in stone so don’t accept it if your attorney says that the offer is final and there’s nothing that can be done about it.

• Your attorney should file every detailed discovery motion

Without exception, make sure that any specific and detailed discovery request based on procedures in your state and rules of evidence is promptly filed. Your objective here is to dismiss charges down the road if ever additional evidence suddenly comes up. Therefore your attorney should get an effective and clear discovery motion or court order that the burden was with ADA to turn over all evidence long ago.

Tags: ADA, attorney, attorneys, criminal defense lawyer, lawyers
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