HOW CAN A CRIMINAL DEFENSE LAWYER DEFEND SOMEONE WHO’S GUILTY?

What to look for in your Calgary Criminal Defense Lawyer? | Attorney at Law Magazine It's an age-old question. High-profile cases in which seeming scoundrels are defended in court - and acquitted - turn the public against the lawyers who represented them. Or, when the public finds out a person was guilty and their lawyer knew it all along and still vigorously defended them, the reaction's usually negative. California lawyer Stephen Feldman, who defended David Westerfield, convicted of murdering a seven-year-old girl, is a good example of this. For a moment, put yourself in any defendant's shoes. Let's assume that you've gotten yourself in a legal scuffle, you've been charged with a crime, and you've hired a lawyer to defend you. In your heart of hearts, you know you've done something wrong - but you may not be guilty of the exact crime you're being accused of. Of course, you'd rather not face the severe punishment the prosecution seeks. Before you establish trust with your lawyer, you'll be wondering two things:
  1. Does your lawyer think you committed the crime?
  2. Whatever your lawyer's opinion is of your innocence or guilt, can he or she set that aside and defend you properly?
Talk to most criminal lawyers, and they'll tell you that the answer to number one doesn't matter. Most do not even want to know what you did. A lawyer's job is not to know or decide guilt. The real issue is number two: can the lawyer defend you properly? This is because a lawyer's true duty is to provide you with vigorous defense for the crime of which you're being accused. For this reason, the most important thing when seeking criminal defense counsel is to find a lawyer who takes their legal responsibility seriously, and will do all they can to mount a thorough defense in your favor.

HOW CAN A CRIMINAL DEFENSE LAWYER DEFEND SOMEONE WHO THEY THINK IS GUILTY?

What Does A Criminal Defense Lawyer Do? | Michigan Criminal Defense The answer is two-fold. First, there is a difference between "legal guilt" and "factual guilt." Second, lawyers have a legal responsibility to their clients that they must uphold.

WHAT'S HAPPENING IN A TRIAL

The job of a criminal defense lawyer is to defend you against the charges that are presented. When charges are brought, there only has to be "probable cause" that you might have committed the crime. At trial, the prosecuting lawyer's job is to prove "beyond a reasonable doubt" that you've committed the crime for which you're being charged. "Beyond a reasonable doubt" is a high standard intended to make conviction difficult - and rightly so, as the U.S. country operates by the idea "innocent until proven guilty," an idea that, although not explicitly expressed in American law, originates from ancient law and is supported by the 5th, 6th, and 14th amendments to the Constitution. The government cannot deprive you of your life, liberty, or property until they've established your clear legal guilt. Putting the burden of proof upon the prosecution means the point of trial is all about either proving or failing to prove that you're guilty of the crime that's been charged - not knowing whether or not you're actually guilty.

WHAT "GUILTY" MEANS

In court, we distinguish between "factual guilt" and "legal guilt." The issue of "factual guilt" is not being discussed in your trial - the question of whether or not you are actually guilty. What's being discussed at trial is legal guilt: can the prosecution offer enough evidence to prove the charges presented against you "beyond a reasonable doubt"? The reason most criminal defense lawyers won't ask you if you're actually "guilty" is that it's not relevant to the case. Also, it's not their job to find out. Their job is to defend you, and put up a fair case. As one attorney put it, their job is to "keep the system honest." The way our legal system is structured, the court - judges and juries - find people responsible. Judges, not lawyers, hold the gavel.

BUT WHAT IF THE "TRUTH" COMES OUT?

An important condition to this issue is that even if a client admits "guilt" to his or her lawyer, a lawyer may never truly be certain the client's guilty. The client could be lying to cover up for someone else, or other factors may be at play. There are standards in place to keep lawyers honest: they cannot lie if they do know information pertaining to their client's legal guilt, and they also cannot offer evidence they know is false. But attorney-client privilege does protect communication between attorneys and clients. The critical thing to remember is, again, that it's not the lawyer's job to discern true guilt. The court decides this.

CRIMINAL DEFENSE LAWYERS MUST PROVIDE "ZEALOUS" REPRESENTATION

When Do I Need a Criminal Defense Lawyer in SC? Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel. Lawyers are bound to deliver this legal right to their clients. According to Canon 7 in the ABA's Model Code of Responsibility, a defense lawyer's duty to his client is to "represent his client zealously within the bounds of the law" because of his inclusion in a profession whose goal is to "(assist) members of the public to secure and protect available legal rights and benefits." Although popular culture may detest the work that criminal lawyers do, their function is vital in order to maintain justice and ensure fair outcomes for anyone up against legal charges. Criminal defense lawyers are simply doing their duty to defend a citizen whose rights are protected by the U.S. Constitution and cannot be easily taken away.… Continue reading

10 Important Lawyer Skills and How to Develop Them

Working in law naturally requires a certain skill set, especially if you want to be successful. In this blog post, we list the core lawyer skills you need, and how exactly you can work on them. 7 Points to Consider While Finding the Best Lawyer for Your Case - SF Weekly

1. Teamwork

By no means exclusive to law, the ability to work in a team is essential to any job. In a team, basic skills of respect and empathy become essential and those who lack the ability to listen and take on board the opinions of others will find themselves out of step. If people enjoy working with you, they will want to do so again and recommend you to others; undoubtedly the best way to progress in your career. How to develop this skill: Getting involved in teams and societies at school and university are a great way to have fun and make friends and you will gain valuable teamwork skills without even noticing it!

2. Initiative and Independence

While teamwork is fundamental to success, it is also essential that you can be decisive when the situation demands it. As a trainee lawyer, you will be given responsibility and you must rise to that, devising your own solutions to problems rather than relying only on others. That does not mean that you must struggle alone, taking initiative includes the ability to know when to ask questions or to ask for help. How to develop this skill: This is a skill that can be developed at any point – think about a time when you’ve had to make a difficult decision on your own, whether it be due to coursework or a conversation with a friend.

3. Creative Problem Solving

People often consider the law a profession void of creativity but the opposite is true. The answer to a client’s problem may not be obvious and your job will be to explore new avenues, arguments and ideas to achieve the desired result. How to develop this skill: Work experience of any kind will work wonders in developing problem-solving skills, it needn’t only be in the legal field. Problems are unavoidable wherever you work and the more experience you have of the issues which arise, the better prepared you will be.

4. Written Communication Skills

A lot of your work as a lawyer will involve writing, it’s unavoidable. You’ll draft documents, write letters to clients, draw up contracts among other things. Typos and Grammatical errors will undermine your work, while a fluent and articulate writing style will give clients confidence in you. How to develop this skill: You will naturally develop your own writing style as you write essays for school or university but if you don’t study an essay-based subject, then it may help to get some practice writing for a school or uni magazine or even running your own blog! You can also write for The Lawyer Portal, which looks great on the CV. Learn more about writing for TLP here >>

5. Verbal Communication Skills

Lawyer - Career Rankings, Salary, Reviews and Advice | US News Best Jobs If you’re hoping to become a barrister then verbal communication is perhaps the most vital element of your job. Your role is to communicate your arguments in such a way as to persuade your judge or jury of the merits of your case. It’s also not something you can avoid as a solicitor; client meetings, phone calls and presentations will make up your day-to-day. How to develop this skill: Speaking in public is something that a lot of people struggle with but there are all sorts of ways to practice and combat fears. Getting involved in theatre or debating will develop skills like projection and pace while techniques such as meditation can help deal with nerves. You can also take part in one of TLP’s mock trials to improve your advocacy skills.  10 Public Speaking Tips Straight From the Experts >>

6. Work Under Pressure

A legal career is by no means an easy one and you will often be expected to turn around large amounts of work under tight deadlines; being able to stay calm and focused is critical. How to develop this skill: Setting yourself personal deadlines before the official ones will ensure that you complete tasks on time and factors in time to handle any issues which may arise. Make timetables and plans so you’re able to manage your time effectively and can prioritise the most important tasks. These are all tricks you can practice on essay deadlines too!

7. Commercial Awareness

Commercial awareness crops up everywhere and essentially means having a broad understanding of current affairs and business news and how developments are likely to affect the firm and its clients. How to develop this skill: Sign up to our weekly commercial awareness newsletter:

8. Understanding People

Lawyers first and foremost are providing a service to their clients and your practice should be geared towards their needs. This involves listening and taking time to understand their individual concerns. It is rare that clients will have a detailed knowledge of the law, that is why they come to you, so it is also critical that you’re able to explain matters in terms they understand rather than using overly technical language. How to develop this skill: The more work experience you can get facing customers and dealing with people in any capacity, the better you’ll be at listening and adapting your communication style to suit everyone.

9. Attention to Detail

A lawyer will always be faced with large and sometimes unclear documents and the ability to spot key pieces of information is essential. It may be that you’re looking for evidence to support your case or proof reading a contract where missing a detail can derail the whole task. How to develop this skill: Take your time when reading documents, work on staying focused; these are all skills you can pick up simply from reading books or articles!

10. Research Skills/Preparation

Nothing looks more unprofessional than a lack of preparation and it will always weaken your position. Dedicate time to preparation and use a variety of resources. If you are preparing for an interview, for example, use the firm’s website, but also read news articles and press releases. Using a range of sources will not only broaden your knowledge but will also ensure you have the full picture, increasingly important in an era of ‘fake news’. How to develop this skill: Research, like anything, takes practice and the more you do, the more streamlined and efficient your searches will become. The Criminal Lawyer Interview: 10 Questions to Ask Before Hiring a Criminal Defense Attorney - Top Ten Zilla If you are finding a good lawyer, just contact us for more information.… Continue reading

Practical Challenges in Asserting an Advice-of-Counsel Defense in a Federal Criminal Case: Proving Disclosure of “All Material Facts” February 18, 2020|by Finch McCranie, LLP

As we noted in a prior post entitled, “The Promise and Pitfalls of the Advice-of-Counsel Defense,” an individual accused of a federal crime may be able to take advantage of the good-faith reliance on advice-of-counsel defense.  The Eleventh Circuit’s pattern jury instruction on point requires that an accused attempting to assert this defense show, in part, that he sufficiently disclosed “all material facts” to a competent attorney.[1] What are “material facts”? Materiality is context specific; what is “material” in one case may not be in another.  And what is material now, may not have been material then.  As circumstances change, the legal significance of certain facts may change. The Eleventh Circuit’s pattern instruction on the advice-of-counsel defense does not define the term “material facts,” though many other portions of the pattern instructions do; for example, numerous pattern instructions say: “a ‘material fact’ is an important fact – not some unimportant or trivial detail – that has a natural tendency to influence or is capable of influencing[.].”  See, e.g., Eleventh Circuit Pattern Jury Instruction, Criminal Cases, O11.2, O12, O36, O50.1, O51 (Jan. 2019).  Other pattern instructions define a “material fact” as “an important fact that a reasonable person would use to decide whether to do or not to do something.” See, e.g., id. at 043.  At times, the case law refers to disclosure of “relevant” facts, though there is no reason to believe that is a different standard.  See, e.g., United States v. Eisenstein, 731 F.2d 1540, 1543 (11th Cir. 1984) (“In order to take advantage of this defense, the defendant must show that he relied in good faith after first making a full disclosure of all facts that are relevant to the advice for which he consulted the attorney.”) How I do prove “all material facts” were disclosed? Ideally with a document showing full disclosure of the relevant facts in writing to a competent lawyer.  But many federal white-collar cases are not so straightforward; the conduct at issue is often the product of numerous discussions (written and oral) over time involving a variety of people.  In such cases, defense counsel may need to show the accused fully disclosed “all material facts” by piecing together various documents and witness testimony.  This can be challenging where circumstances evolved as the conduct at issue was under consideration, various lawyers were consulted along the way, and there is not a single lawyer who knew “all material facts” at any given point in time.  In some cases, key facts may have only been disclosed orally, or not explicitly disclosed at all and instead merely implied or understood.  In those circumstances, it is important to emphasize evidence showing the accused had a reasonable basis to believe the attorney knew and understood “all material facts” and still did not change the legal advice provided.  If applicable, it may be fruitful to show that the facts that were not disclosed in writing were not material during the relevant events. Assuming I disclosed all “material facts” to an attorney, am I protected in a federal criminal case by the advice-of-counsel defense? Not necessarily, for a few reasons:
  • The Eleventh Circuit’s pattern jury instruction on good-faith reliance on advice of counsel requires evidence, in part, that the attorney was “competent” to provide the advice at issue and that the accused “reasonably relied upon [the] advice in good faith.”  If an individual accused of a federal tax crime, for example, points to tax advice they received from a divorce lawyer as the basis for the defense, there may be questions about the competence of the lawyer to provide such advice and whether the accused could reasonably rely on it—regardless of whether “all material facts” were disclosed to the lawyer.
  • Further, the pattern instruction asks whether the accused followed the advice provided.  In practice, it may be difficult to determine the limits of legal advice, whether conduct exceeded the bounds of advice provided, and whether a lay client should have known that (or should have known when it was necessary to go back to the attorney for updated advice in light of changed circumstances).
  • The requirement that the accused “in good faith followed the advice of counsel” means, among other things, that a client cannot avoid being convicted of bank robbery by saying a lawyer advised that bank robbery was lawful.  But even in cases where the conduct is not plainly criminal (e.g., malum prohibitum crimes), and the accused undisputedly disclosed all facts to a competent attorney—not just material facts—we have seen the government challenge the accused’s right to receive a jury instruction on good-faith advice of counsel.  The basis for the objection?  That the accused and the attorney were in a criminal conspiracy, rendering the legal advice meaningless.
Asserting an advice-of-counsel defense in a federal criminal case can raise a host of challenging issues, which members of our federal criminal defense group have skillfully handled for years.  In a follow-up blog post, we will further examine materiality in the context of the advice-of-counsel defense, including the questions: Why is a layperson expected to identify “all material facts”? Isn’t that, at least in part, a lawyer’s duty? [1] While disclosure of such facts is necessary to establish an advice-of-counsel defense, it is not sufficient. 
… Continue reading

8 REASONS WHY YOU SHOULD USE A CRIMINAL LAWYER

Whether you decide to plead guilty or not guilty to criminal charges getting legal advice and representation from an experienced criminal lawyer can change the outcome of your case. Here are 8 very good reasons why you need an expert criminal lawyer.

1. SAVE YOURSELF STRESS & WORRY.

What is Criminal Law? | Haynes Law Group The law changes frequently and complex issues often arise. It takes years of experience to become a criminal lawyer. Steering your way through a criminal law matter will require you to understand the law, such as that contained in the Criminal Code, the Criminal Procedure Act, the Crimes Act, the Misuse of Drugs Act, the Evidence Act, the Road Traffic Act or the Sentencing Act. By engaging an expert for your criminal law matter you will save yourself significant amounts of stress, worry, time and disruption to both your working and personal life.

2. REDUCE YOUR EXPOSURE TO RISK.

Some people think that engaging a criminal lawyer is going to be too costly. But not engaging a criminal lawyer is likely to cost you more. Being unrepresented exposes you to the risk of disastrous outcomes such as:
  1. being falsely or incorrectly charged
  2. being found guilty when you are innocent
  3. being sent to prison when you shouldn’t
  4. your DNA being placed on the state police or national database
  5. being disqualified from holding or obtaining a drivers licence when you can’t manage your life without it
  6. being disadvantaged in a job application process because you are required to disclose your criminal record
  7. termination of your employment because your employer has found out have a criminal record.
An experienced criminal lawyer can assist you to avoid these types of outcomes. When the stakes are high the costs involved are always worth it. Making a phone call to a criminal lawyer and arranging an appointment is obligation free. Attaining legal advice at an initial consultation with a criminal law expert will help you to understand the difference a criminal lawyer can make to your case.

3. SUPPORT FOR POLICE INTERVIEWS.

Often a critical time in a case is the time when you are arrested and requested to participate in a police interview. You’re unsure what to say or how to interact with the police. You need to know what your rights are, and what to do. This is a very important time to engage a criminal law expert.

4. PRESENT YOUR BAIL APPLICATION PROPERLY

You don’t want to be remanded in custody while you wait for your trial or for your criminal charges to be finalised. If you are refused bail by the court you cannot have the application reheard before the same court unless a change of circumstances exists. So it’s important to get it right the first time. A criminal lawyer will help prepare and present your bail application properly and will focus on the issues that are required to be addressed when arguing for your release from custody.

5. PRESENT EVIDENCE CORRECTLY

In a criminal trial, the rules of evidence can be complex. For example, during the course of a trial, unrepresented persons often ask questions which do not comply with the rules of evidence. Their cross-examination of a witness is then likely to be met with interruption and objection from the prosecution resulting in the court ruling that they cannot continue with that line of questioning. A good criminal lawyer will know what questions should be put to a witness and how the question should be framed. A good criminal lawyer can also present legal arguments to the court about why a line of questioning (which has been objected to by the prosecution) is relevant and should be allowed. A criminal lawyer will also have a strategic plan for the cross-examination of particular witnesses which can ultimately change the outcome of the case.

6. IDENTIFY WEAKNESSES IN THE OPPOSITION'S CASE

An experienced criminal lawyer can identify weaknesses and deficiencies in the prosecution case well before the matter even gets to trial. During the preparation for the trial, the lawyer can identify evidence that is inadmissible meaning that the prosecution is not be allowed to present that evidence. An experienced criminal lawyer will contact the prosecution prior to trial and ensure that the prosecution won’t lead or adduce that evidence during the trial.

7. HANDLE PUBLIC INTEREST SUBMISSIONS

An experienced criminal lawyer knows how and when it is appropriate to make a public interest submission to the prosecution arguing (on public interest grounds) why the charge against their client ought to be discontinued. This is a most positive outcome because the charge falls away without the need for a trial. Public interest submissions should be drafted in a particular way and address specific criteria. An experienced criminal lawyer will be aware of that criteria.

8. HELP YOU AVOID IMPRISONMENT

If you plead guilty or are convicted after trial and your matter is proceeding to a sentencing hearing a criminal lawyer can help you avoid imprisonment. Your lawyer will understand the sentencing law as it applies to your case and will present a plea in mitigation which will work to your advantage. You wouldn’t perform your own surgical operation. The same should be said for a criminal law case. If you think that you can safeguard against an undesirable outcome in a criminal case without engaging a criminal lawyer, think again. You need an experienced criminal lawyer.

WE'RE HERE TO HELP.

I take the immense responsibility of representing accused persons very seriously. I have dedicated my legal career to defending people charged under the criminal law of Western Australia. Throughout my career, I have appeared as legal counsel in literally hundreds of criminal trials and sentencing hearings in courts at all levels. I regularly liaise and negotiate with the police and the prosecution with a view to achieving the best possible outcome for my clients. I have a strong and ongoing professional relationship with Perth’s most recognised criminal law barristers who are frequently engaged to act as legal counsel in long trials which involve complex issues. My firm does not take on matters involving family law, commercial litigation, personal injuries, property disputes or anything of that nature. That’s because I specialise in what I know – criminal law. It’s against that background that my clients feel confident that they have engaged a criminal lawyer who will develop a strong effective defence strategy and will achieve the most positive outcome possible.

CONTACT US

Are you under investigation from the police? Are you facing allegations, stuck in the dark and don’t know what to do? If so, contact us for more information.… Continue reading

THE IMPORTANCE OF SELECTING THE RIGHT PERSONAL INJURY LAWYER

A concise explanation of the role of personal injury lawyers and how they can help you receive due compensation for damages.

Accidents causing you bodily harm can occur anywhere from the workplace to the street, but what can you do in this situation if your livelihood is at stake? If you have been seriously injured due to someone else’s carelessness or negligence, you have the opportunity to take them to court to sue for damages. The best way to start this process is to go and consult a personal injury lawyer who can professionally handle the case and help get you the compensation you deserve. When selecting the right lawyer you first need to get one who specialises in the type of injury you endured. These kinds of lawyers have an excellent knowledge of personal injury law so they can provide expert consultation before deciding if you want to take the case to court. They can also help you get compensation through mediation instead of the lengthy court process. However, if this doesn’t work out they can take your case to court and give you a better chance of winning the case.

THE POWER OF SPECIALIST LAWYERS

What is the Difference between a Lawyer, a Legal Administrator, and an Attorney? - Oxbridge Academy Blog I’m sure you have seen plenty of posters on buses advertising lawyers that specialize in car accident injuries, this is just one type of lawyer who can get the job done properly. Many lawyers will take up a specific type of case as their area of expertise so that they can be more proficient in winning these types of disputes, this is the same for a personal injury lawyer. If you work in a factory and an unsafe machine press broke your arm causing you to seek expensive medical attention and loss of income from taking time off work you should go consult a lawyer that specialises in industrial injuries. Similarly, if you worked for a while as a chemical worker and you got a disease due to being exposed to hazardous chemicals due to employer’s negligence you should consult a lawyer who specializes in industrial disease cases. These lawyers can even specialise in psychological injuries, so if you have experienced harmful psychological or neurological trauma due to someone’s intent or even carelessness you should consult one of these attorneys. Selecting the right type of specialist will greatly increase your odds of winning the case and getting your life back on track.

CONSULTATIONS

Marketing Consultation: The Importance of a Comprehensive Agency As previously discussed, specialist lawyers have a higher level of expertise in specific types of injuries so they are excellent at giving advice and explaining your rights before taking your case to court. If you are injured, you first have to find out if you have a case against the person who caused you harm, a personal injury lawyer can help determine this. If the lawyer determines that you don’t have a case to sue someone for negligence this could save you time and money that could be lost if you go to court. They could also assist you if your insurance company rejects your injury claim unjustly and if you have a case against them, they have an impeccable way of getting you the money you deserve.
Selecting the right type of specialist will greatly increase your odds of winning the case and getting your life back on track.

MEDIATIONS AND COURT CASES

Mediation Topics: Alternative Dispute Resolution or Court? - Bolender Law Firm, PC In fact, most personal injury cases are settled through a mediated settlement and don’t actually go to court. Having a good lawyer is the key to getting the most money out of a settlement as their knowledge of the law and negotiation skills can put the defendant’s lawyer in checkmate. If the mediation doesn’t end up the way you wanted, your lawyer will then represent you in the courtroom. Because of their deep knowledge of your specific type of injury, they will know exactly which cases to reference and laws to evoke to make your case compelling. When it comes to the courtroom you don’t ever want a dodgy lawyer, so if you want to get the most out of your lawsuit you should aim for the best lawyer you can afford, when you receive your compensation, you’ll be glad you invested. Personal injury lawyers can be the critical factor in getting the compensation for an injury you deserve because they have the proper expertise to get you what you need. They can provide you with initial consultations so you can know if you have a case to file a lawsuit. They can also help you get a settlement through mediation, but if that doesn’t work out they have the right arsenal to win you the court case. When looking for the right lawyer always aim for quality over cost, you’ll certainly get your investment back.  
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Personal Injury

If you have been injured in an accident you have two choices: you can rely on an insurance company of the party or person responsible for your injury to provide you with advice or you can call a lawyer, to represent your interest, who specializes in personal injury claims to assist or advise. Before you make this choice it is important to remember that insurance companies serve their own best interests and are dedicated to increasing their profits. A personal injury attorney representing only injury victims', on the other hand, will serve your best interests and be fully committed to getting you all the compensation you are legally entitled to receive. To schedule your free, no-obligation consultation with an experienced personal injury lawyer, please contact The Cochran Firm online or by calling 1-800-The-Firm today. Personal injury claims often involve three main issues: liability, fault and damages. Must also prove that these two are connected, meaning the defendant is responsible for the injuries you have suffered. Our firm understands the often complex legal & financial issues required to be proven in order for the justice system to award you compensation for the losses you have suffered.

Serious Personal Injury

The attorneys at The Cochran Firm are among the nation’s most recognized and successful personal injury lawyers in the country. We are prepared to help victims of accidents obtain the maximum compensation and financial recovery for all types of injuries, including but not limited to:

Injury Compensation

When you sustain one of these serious types of injuries you will be faced with medical expenses, the inability to work, and personal pain and suffering. This is why our personal injury attorneys fight for maximum compensation the law allows. We seek damages well beyond the insignificant offerings insurance companies typically make. The type of injuries commonly incurred may include:
  • Medical and rehabilitation expenses
  • Home care and retrofit modifications
  • Adaptive technology
  • Current and future lost wages
  • Quality of life adjustments
  • Emotional Distress
  • Physical pain and suffering
  • Property Damage
Without a personal injury attorney, you are at the mercy of insurance companies that unfortunately place their profits over your recovery. With a The Cochran Firm lawyer, you are supported by a legal team with the resources and experience to handle your case in the best possible manner in order to secure the maximum compensation allowed by law. When someone is injured due to the negligence or wrongdoing of another The Cochran Firm is here to help with 24/7 specialists to address your needs or questions. If an injury is caused by another due to an auto or trucking collision, unsafe premises, faulty product, dangerous drug or medical procedures, or from other means the attorneys at The Cochran Firm have the resources, experience, and results to hold the offending party accountable. We also understand the emotional distress that our clients experience when they or a loved one are injured due to circumstances out of their control or negligence of another and we are committed to treating all of our clients with the empathy, understanding, and respect that they deserve. Some examples of personal injury claims include: To schedule your free, no-obligation consultation with an experienced personal injury attorney, please contact us today. We serve the entire country with offices in many major U.S. cities.… Continue reading

FEDERAL CRIMINAL DEFENSE ATTORNEY IN NYC

Federal Criminal Defense Attorney Photo
Federal law cases involve violations at the federal level, to put it simply. These infractions are serious matters that are prosecuted harshly in federal court. Federal law cases may involve violations of the United States Constitution, interstate commerce violations, white-collar crimes, tax fraud, and other myriad federal law violations. Federal cases are indicted in a federal court, which follows a rigorous protocol with higher stakes than a regular New York City district court. When facing federal charges that supersede the laws of state jurisdiction, it is imperative that you employ an attorney that focuses on federal criminal defense. An attorney that concentrates in federal criminal defense in New York City will be able to craft a robust legal defense for your case as quickly as possible to ensure that you are properly equipped to face the charges that the federal government is bringing against you. As soon as the federal government moves to file charges against you, it is imperative that you begin building a strong defense as the prosecution will spare no expense in organizing the facts of the case based on the evidence available to it.

What to Do When Charged with a Federal Crime in New York City

Vincent Schiraldi: The Criminal Law Reformer Who Transformed Probation in New York City | Human Rights Watch When you are accused of a federal crime, it is absolutely necessary to begin preparing your defense. The process varies, but usually, the first thing to occur is that a prosecutor will file a complaint where a judge decides whether or not to issue an indictment. At that point, you will need an attorney to help determine if it is possible to post bond. Within a reasonable period of time, you can expect a hearing to take place where the court will review the evidence that the prosecutor has gathered. The prosecuting attorney can choose to file an indictment or complaint. An indictment leads to the presentation of the evidence to a grand jury. The arraignment comes soon after. The following steps happen during a federal criminal case:
  1. Charges are heard
  2. Rights are declared
  3. A trial date is set
  4. A plea agreement, if necessary, is determined.
  5. If found guilty at trial, the court will determine the sentencing.
  6. If found not guilty at trial, the case is dismissed.
  7. Appeals are processed.
The entire procedure is a lengthy, painstaking ordeal with legal complexities that will easily confuse and muddle affairs. As practicing lawyers, we work through the complications to represent your case concisely in court.

What is Considered a Federal Crime?

Federal Crimes - Calabria Law Group, PC Different government agencies dictate certain federal crimes, so the respective governmental agency involved can determine the course of events in your particular case. Some commonly investigated federal crimes include the following:
  • Cyber Crimes
  • Violent Crimes
  • Firearm Crimes
    • Possession
    • Trafficking
    • Imports
    • Exports
  • Drug Crimes
    • Possession
    • Trafficking
    • Manufacturing
  • Murder
  • Sexual Assault
  • Fraud
    • Mail
    • Bank
    • Credit Card

The Aftermath of a Federal Crime Conviction

How the criminal conviction of PG&E lets the real wrongdoers go free - Los Angeles Times Being convicted of a federal crime can have severe repercussions on your life. In addition to staining your criminal record forever, federal crimes carry harsher punishments than simple state crimes. Jail time may become prison time, fees can triple, and minimum punishments are mandatory, while maximum punishments are raised. Federal crimes carry more rigorous consequences. Acquiring legal help for a federal charge becomes all the more important in order to defend against harsh punishment.

Federal Sentencing

Federal crimes are also subject to strictly regulated sentencing; this differs from area-specific state crimes. Federal cases follow guidelines set by the federal government rather than relying on the state or a specific judge’s discretion. The severity of a crime factors heavily into its sentencing requirements, with over forty-three levels of escalating punishments to consider. Prior convictions also play a part; every conviction is tallied and factored into a federal court sentence. While the law is not black and white, the guidelines are there and work to make it far more difficult to have a sentence overturned on appeal.

Hiring a Federal Criminal Defense Attorney in New York City

Federal charges are complex legal events that require a practiced lawyer who will be your advocate from start to finish of your federal charges and beyond. Make sure that your federal criminal defense is as robust as possible, by hiring a law firm that considers your fate as important as its own. Our law firm works to combat federal charges and confront the prosecution with the same veracity with which it will undoubtedly pursue your conviction. Call now for a free consultation on your case. Let us take you through your options.… Continue reading

Why Hire a Traffic Ticket Lawyer for your Speeding Ticket in New York

Many people do not think that getting a speeding ticket is a big deal. However, it is a good idea for you to contact an attorney if you have received a speeding ticket NY. There are several reasons that you will need to hire an attorney.

Avoid Getting Points on Your License

You could get points on your license if you have a traffic ticket. The number of points that you get will depend on how fast you were going. If you were going less than 10 miles over the speed limit, then you can get three points on your license. You can get four points on your license if you were going between 10 and 20 miles over the speed limit. If you were going over 20 miles over the speed limit, then you can get six points on your license. It is important to note that you could get your license suspended if you are going more than 30 miles over the speed limit. Your traffic ticket lawyer NY will fight hard to make sure that you do not get points on your license.

Prevent Your Car Insurance Premium From Going Up

Your risk profile is one of the things that will determine how much you pay for your insurance. That is why if you get a ticket, then your insurance rates will likely go up. Even if you were only going a few miles over the speed limit, you may still have to pay more for your insurance. Many people notice that their premiums increase by 30 percent when they get a speeding ticket. Your attorney can help you avoid having to pay the higher premiums.

Avoid the Fees

It can be costly to get a ticket. Not only will you have to pay for the ticket itself, but you will also have to pay the surcharges. You may be able to avoid the fines and surcharges if you have an attorney on your side. Your attorney can appear on court on your behalf. If they are unable to get the charges dropped, then they may still be able to get them reduced.… Continue reading

Personal Injury Lawyer Spartanburg

A personal injury lawyer is responsible for helping individuals who have suffered serious injuries as a result of the negligence of other people to seek financial compensation for the loss suffered. The attorney files a lawsuit on behalf of the person who has been injured as a result of careless of another party. The main aim of the personal injury lawyer is to help his/her client to seek full compensation based on the extent of the injury.     Cummings & Lewis, Personal Injury Attorneys in Spartanburg have various legal responsibilities when it comes to representing their clients. If you are involved in an accident caused by the negligence of another party and you are planning to hire a personal injury lawyer then you need to first understand his or her legal obligation so as to warrant proper representation in your lawsuit.

Roles of a Personal Injury Lawyer in Spartanburg

When an injured party seeks the services of a personal injury lawyer to represent them in a case, the attorney has to first understand the cause of the accident and obtain all the relevant information which he will use to advise his client about the best legal options to use in order to seek compensation during the recovery process. To succeed in your personal injury case your attorney should have the necessary expertise when it comes to research and proper understanding of the state laws and regulations governing such kind of cases. A good attorney should also be familiar with the current judicial system. A personal injury lawyer has the responsibility of accessing the extent of the damage suffered by the client. This may require a lawyer to conduct thorough research in order to find out detailed information relating to the case. For instance, if a client suffered injuries which may prevent him from discharging his roles, then a financial expert can provide an actual figure which is equivalent to the period the client will not be able to work. That is why when hiring a personal injury lawyer you should choose someone who is an expert in this field. A personal injury attorney has to represent his client during hearings, trials as well as a deposition. An attorney has to understand all the information required in the case so as to help his or her client to provide the appropriate answers to questions being asked without hiding any information or facts as this may jeopardize the case. A personal injury attorney has the mandate to safeguard the client's information. An attorney is not allowed to share clients confidential information with a third party. A good injury attorney at no cost should he disclose the client's information is unless when requested by various legal bodies.

Reasons for hiring a personal injury lawyer

A person who has been injured may opt not to hire a personal injury attorney to represent him and may think of filing a lawsuit on his own. The main problem here is most individuals have no legal training or experience when it comes to handling legal matters. Filing a lawsuit involves a number of procedures which must be adhered to and individuals with no legal expertise may not be aware of these procedures or may be unable to complete the paperwork which may jeopardize the case due to incomplete paperwork. Some individuals may also fail to meet the deadline or skipping court sessions which may lead to dismissal of the claim. Another disadvantage is that a mere person may not be aware of all the compensation avenues to exploit in a personal injury claim. Hiring an attorney enhances your possibilities of succeeding in your personal injury claim and will also result in higher compensation compared to a client who was not represented by an attorney. An experienced attorney is capable of building a network of experts who can present professional witness testimonials in support of your claim. On the other had a claimant representing himself may not have the means of contacting professional witnesses which may have a huge impact on your claim. From the above, it is clear that a personal injury attorney has a great number of responsibilities and there is every reason to hire an attorney to represent you in your personal injury claim. A personal injury lawyer may seem costly at first but will help you to receive a reasonable compensation based on the extent of the injury suffered.… Continue reading