5 Kinds of Attorneys You Need at Some time in Your Life

Are you looking for an attorney that can be of great help for solving your legal issues? However, what type of attorney you are searching for. Now, there are several kinds of attorney. The legal field is really very complex as well as large. You will discover that different attorneys specialize in different areas. That’s the reason why there are different attorneys, and whatever may be your legal issue, there’s an attorney who is an expert in dealing with a particular issue.

So, you want to search for an attorney who has the ability for handling the legal issues correctly. What kind of attorneys are there? Since there are several attorneys, in this post, I’ll concentrate on some of them who are specialists in dealing with the common legal issues.

Tax Attorney

The tax attorney has to deal with different tax-related concerns, such as IRS, estate planning, domestic & international business, and many more. These attorneys will help you with settlement and litigation negotiations.

The tax is rough but isn’t impossible. In some of the cases, it’s good not to go with this alone. In case you have a tax argument with the IRS, you can immediately get the backup. The complicated taxes are the other example when the legal help might save you, like a new marriage with variable incomes and assets or a divorce that’s pending.

Estate Planning Attorney

The estate planning attorneys will give you an assurance that all of your family relations are in order in the case somewhat goes wrong. Their task may range from preparation of a trust to the drafting of a will so that your asses get appropriately distributed to your loved ones when you become deceased.

The estate planning attorneys evaluate and draft several documents, like:

  • A trust
  • A last will and testament
  • A durable power of attorney
  • The designation of the heir
  • A medical durable power of attorney

But, there are some situations where people don’t have a will and in such a case, their assets pass through the Probate process. In these situations, Probate Attorneys can be of great help as they can argue how and where that asset gets distributed.

Criminal Defense Attorney

The criminal defense attorney has the following responsibilities:

  • Define the type of crime
  • Recognize the victim that’s involved in the case
  • Find out the real executor of the committed crime

These attorneys will represent you with two kinds of criminal law. These are:

Misdemeanors: These are small serious charges that lead to a fine or imprisonment for less than one year.

Felonies: These are very serious and in case you discovered as guilty, you might end up in the prison itself for more than one year or you might face the penalty of death as well.

The criminal defense attorneys handle a range of small offenses, such as shoplifting to the major crimes, like assault & battery, drug trafficking, DUI or even the murder. Most of the attorneys who exercise the criminal defense might practice working on the side of the prosecution.

Medicaid Attorney

A Medicaid Attorney has the ability to handle different medical lawsuits and medical malpractice claims. They have a wide knowledge of medical standards and law, and the guidelines which governs the professional and ethical conduct in the medical field.

Moreover, a Medicaid Attorney is well-versed with different areas of law which are included in the medical lawsuits. These fields included in this are – personal injury law, malpractice law, insurance law, and contract do.

These attorneys represent the claimants who are injured because of the medical malpractice. They can help you with getting the compensation for the injuries and the losses.

Traffic Attorney

The traffic violation is a serious concern. These attorneys may assist you with the following:

  • Arrest warrants for the due traffic violations
  • Driving with the license that is expired
  • Reckless driving
  • DUI
  • Routine traffic offenses
  • Hit and run accidents
  • Leaving the accident scene

If you face any of the above concerns, traffic attorney would be your ticket to the freedom. The attorney will negotiate you and might represent on your behalf in the court.

These attorneys are high in volume as they have the tendency to have many clients on the everyday basis. They only make one or some mistakes.

The above information will give you an idea of the types of attorneys available. There are many more apart from the above. Ensure that the one you find is best equipped to help you out.

John Barret is a blogger with the Elder Law Center of Wisconsin from the past four years. He is a law graduate in the US and enjoys writing about different legal processes, aspects of the laws, and the significance of having an attorney.

A Washington DC Criminal Attorney Explains Stop-and-Frisk

DC police recently came under fire for allegedly staging the search of a man whom residents believed was an undercover officer in order to justify illegal stop-and-frisks in the neighborhood.  The incident occurred on June 13th, when officers approached and searched a man on the 5200 block of Sheriff Road, NE.  Officers found a gun in the man’s possession, which residents say they then used as an excuse to illegally search other people in the area, without just cause.  Witnesses said they did not recognize the man with the gun, and believe he was a police plant.

The incident sparked community backlash as police and witness reports conflicted.  The conflict came to a head on the evening of June 25th, when police officers and residents clashed on the block, which resulted in the use of pepper spray and four arrests.  One woman claimed that police pepper sprayed her 3-year-old daughter, who had to be treated at a local hospital.

This incident highlights ongoing tension between DC police and residents of certain east-of-the-river neighborhoods over what residents believe are illegal searches targeting low-income and minority areas.  DC police claim that these types of searches are justified by a spike in homicides in certain neighborhoods. WJLA reports that the DC Police crime map indicates a 50% decrease in crime in the area since last year, however.

What Is Stop-and-Frisk?

Stop-and-frisk refers to a controversial set of police practices involving “the brief, non-intrusive police stop of a suspect.”  In other words, police officers will temporarily detain, question, and in some cases, even search civilians for weapons and other contraband.

According to the DC Police guidelines  that govern the practice, “A ‘stop’ is a temporary detention of a person for the purpose of determining whether probable cause exists to arrest a person. A ‘frisk’ is a limited protective search on a person to determine the presence of concealed weapons and/or dangerous instruments.”

Controversy Over Stop-and-Frisk

Civil rights activists and Washington DC criminal attorneyschallenge stop-and-frisk policies for their alleged violation of the Fourth Amendment, which protectsagainst unreasonable search and seizure. And police officers have been accused of racially profiling and unjustly targeting certain minority neighborhoods and demographics.  Data from cities with stop-and-frisk programs around the country has generally demonstrated that a majority of these stops were of suspects later found to be innocent.

The Supreme Court has weighed in several times as to the criteria constituting a ‘reasonable suspicion,’ however these clarifications have been insufficient to assuage public concern that the police are unjustly targeting certain communities.

In Washington D.C., city policy requires that the police department report the number of stops officers make. According to a Washington DC criminal attorney, despite this requirement for transparency, the department has been accused of inaccurately and underreporting these encounters.  The department has also been accused of systematically ignoring certain protocols required for stop-and-frisks.

Stop-and-Frisk and Unjustified Arrests

Although police departments claim stop-and-frisk makes communities safer, the practice risks the rights and privacy of citizens when police do not properly follow protocols.Victims of stop-and-frisk may find themselves unjustly arrested based on evidence that police officers had no legal basis to collect.  Those facing charges as the result of a stop-and-frisk search should consult with a Washington D.C. criminal attorney about whether their rights were violated during the arrest.

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Apps Streamline Crime Reporting, But Criminal Defense Attorney Sherman TX Warns of Abuse

The Texas Department of Public Safety (DPS) announced the launch of a new smartphone app aimed at combatting crime earlier this month.  Called “iWatchTexas” (a name notable for its affinity to the iconic “’i” prefix Apple uses), the app allows members of the public to anonymously report suspicious behavior directly to law enforcement.

The DPS says that he app was designed to enhance school safety, although it’s available to all community members who wish to report a perceived threat.  After submission via the app, confidential reports are reviewed by law enforcement analysts, who consider the report in relation to other information to determine whether any cause is actionable.

Examples of suspicious behavior include:

  • Observations of threats to kill or harm someone
  • Purchasing materials that could be used to make bombs or other exploding devices
  • Canvassing properties for videos or security features

The app is not meant, nor designed, to be used to report emergencies.  If residents confront a situation of imminent danger, like a medical emergency or a crime in process, they should still call 911 for the fastest emergency response.

Critics Warn Apps Encourage Negative Profiling 

While law enforcement reporting apps like iWatchTexas are becoming increasingly more popular and widely available, many critics have warned that these apps amplify perceived bias, and racial bias in particular.  An analysis of reports to a similar app in Georgetown, a neighborhood in the D.C. metropolitan area with a high concentration of Caucasian residents, found that 72% to the app’s reports of suspicious behavior were about African Americans.

Critics, including civil rights groups and criminal defense attorney TX, argue that these apps can quickly become a forum for people to express and reinforce negative stereotypes related to race and socioeconomic status.  Certain demographics are more likely to be perceived as “suspicious” or “sketchy” for behavior that may otherwise go unnoticed.  Also, many are reported for benign “offenses” that are in no way criminal, such as playing loud music, smelling bad, and taking up more than one seat on a train.

In addition to the possible reinforcement of negative racial and socioeconomic stereotypes, these apps have been accused of eliciting false reporting as well. One Sherman woman sees this as a very real possibility for the iWatchTexas app, since it is being marketed to students who she believes are more likely to use the app irresponsibly.  DPS has indicated that it is aware of this possibility, and has reminded the public that false reporting to a law enforcement agency is a violation of state law, which is punishable by substantial fines and/or jail time. 

App Reporting May Lead to Unjust Arrest 

Despite the good intentions of crime reporting apps like iWatchTexas, they run the risk of making marginalized people further targets of public bias and law enforcement.  False reports filed on these types of apps can result in the unjustified arrest of innocent people.  Those facing arrest or indictment of criminal charges should always consult with a criminal defense attorney Sherman TX.  Failure to mount a strong defense may result in jail time, fines, and a criminal conviction record that will follow you forever, which can have a detrimental impact on future housing and job prospects.

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How Criminal Defense Attorneys Can Help You

If you have been accused of a crime, you know how terrifying it is to face the possibility of going to jail. The function of a criminal defense lawyer is to represent anyone accused of committing a crime to the best of their abilities.

Jobs of criminal defense attorney

A criminal defense attorney has many jobs. Questioning a witness in court is only a small part of his duties. The primary duty of a defense lawyer is to spend crucial time on a case to gather as much information as possible and to question valuable witnesses.  In fact, a lawyer does not need to step into a court room to assist you in your case, because of their job is to negotiate with prosecutors, often resulting in reduced charges or lesser sentences for their clients.  They also give their clients an objective opinion and tell them what is likely to happen.  This is very important for defendants trying to decide whether to accept or reject a plea bargain offer from the prosecutor.

Finding the right criminal defense lawyer

When facing the possibility of having criminal charges brought against you, the prospect of finding the right criminal defense lawyer may become overwhelming.  If the police arrest you, talking to a criminal defense attorney is the most important thing you do, as soon as possible.  It is an urgent priority, so that the lawyer can arrange for bail, and get you out of prison.  The lawyer will also provide you with information about what will happen in the days ahead.

Not everyone can afford to hire a private attorney to represent him or her in a criminal case.  For those who cannot afford to hire a lawyer, a public defender will be assigned to them to handle their case, because has the right to have adequate representation when facing a criminal charge.

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Can You Get in Trouble for Driving While High on Marijuana?

Ohio law treats driving while impaired by marijuana the same as driving under the influence of alcohol. State statutes refer to both alleged criminal offenses as operating a vehicle while intoxicated (OVI), and courts impose the same types of penalties regardless of whether a person gets convicted of driving while drunk or high.

Seeking advice and representation from a Columbus, Ohio, DWI defense lawyer is imperative when charged with driving while high on marijuana. Mandated penalties for even a first-time marijuana-related OVI conviction include:

  • Jail time, monitored house arrest, or completion of a multiday Driver Intervention Program that costs hundreds of dollars
  • Fines that range from $375 to $1,075
  • Total denial of driving privileges for at least 15 days
  • Driver’s license suspension of 1-3 years that also applies to commercial driving certifications

Each component of an OVI sentence grows more severe with subsequent convictions or guilty pleas. Judges also require use of an ignition interlock device — a so-called “car breathalyzer” — and specially designed offender plates for for driving privileges after a second OVI offense.

One of the most important services a Columbus DWI lawyer provides is questioning the way alcohol and drug tests were administered, analyzed, and reported to a prosecuting attorney. Any failure by a police officer, lab technician, testing facility, or court official to comply with the strict rules for collecting and preserving blood alcohol concentration (BAC) and drug level evidence can provide grounds for asking a judge to dismiss an OVI charge.

Drug test results play a very important role in OVI cases stemming from suspected marijuana use. In fact, Ohio courts recognize so-called per se (“by itself”) results as proof that a person was too high to drive safely. As summarized in the following table, those legal limits for marijuana are easy to reach when taking therapeutic doses of medical cannabis.

Ohio Per Se Limits for Drugged Driving While Under the Influence of Marijuana

Urine Blood
Marijuana 10 nanograms or higher 2 nanograms or higher
Marijuana metabolites and a BAC of .08 or higher 15 nanograms or higher 5 nanograms or higher
Marijuana metabolites 35 nanograms or higher 50 nanograms or higher

In addition to marijuana, Ohio tests OVI suspects for, and sets per se limits for, amphetamines, cocaine, cocaine metabolites, heroin, heroin metabolites, LSD, methamphetamine, PCP (phencyclidine), and salvia. Many powerful prescription painkillers produce the physical effects of heroin. Even more concerning, the most-widely prescribed attention-deficit/hyperactivity medications contain amphetamine and methamphetamine as active pharmaceutical ingredients. People who take these legal drugs to maintain their health and improve their physical and mental functioning must drive carefully and keep detailed medical records to protect themselves from false accusations of OVI.

A related concern is that anyone charged with drugged driving faces the possibility of being charged with marijuana possession or other drug offenses. A Columbus defense lawyer who has helped other OVI suspects will know how to protect his/her client from a wrongful conviction.

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Drawbacks to Getting Your License Suspended

Losing your license is more than an inconvenience. Being unable to drive legally can make it impossible to keep a job or meet all your personal and family obligations.

Unfortunately, Ohio courts and statutes recognize more than 30 reasons to suspend a driver’s license. The punishment can apply to everything from leaving the scene of an accident, letting your auto insurance policy expire, failing to pay child support, getting convicted of operating a vehicle while intoxicated (OVI), which is what state officials call driving under the influence of alcohol or drugs, and much more. AVOID AN OVI CONVICTION ON YOUR RECORD

The drawbacks to getting your license suspended fall into four broad categories:

 

Limited to No Driving Privileges

Depending on many different factors ranging from the charge and defendant’s history to the quality of the defense or plea deal, an Ohio driver’s license suspension may be partial or total. A partial suspension grants the driver restricted driving privileges, which are usually limited to trips to and from work, medical appointments, and court dates or meetings with a lawyer.

A total suspension usually precedes the reinstatement of restricted driving privileges. For an OVI conviction, the period of total suspension can last anywhere from 15 days to more than a year. While under total or “hard” suspension, a driver is not allowed to drive at all without risking rearrest, jail time, and a new or lengthier suspension. Violating the restrictions on when and where you can drive with a partially suspended license also risks those new and enhanced penalties.

Surrendering your CDL

Suspensions related to criminal charges or convictions usually apply to both your own driver’s license and any commercial driving licenses you hold. This is always true for drunk or drugged driving suspensions.

Under Ohio law, getting a CDL suspended means you cannot legally drive a commercial vehicle until the term of suspension expires and the CDL is fully reinstated. In other words, getting a CDL suspended often means losing a job that requires driving a truck, bus, or taxi. The lesson? Hiring an experienced Columbus, OH, DUI attorney to fight an OVI charge is a must if you drive for a living.

 

Increased Risk for Future Suspensions

Suffering through one Ohio driver’s license suspension greatly increases your chances for losing your license again. This is especially true if the suspension comes as part of a sentence for driving under the influence.

Not only do periods of total suspension tend to last longer for people under penalty for driving while drunk or stoned, mandated penalties for second and subsequent OVI convictions include automatic suspensions. The longer a total suspension remains in effect, the more likely you will be to have an absolute need to drive somewhere to respond to an emergency. A dedicated Columbus OVI license suspension can negotiate with prosecutors to minimize the harshest sanctions.

 

Reinstatement Hassles and Expenses

Once a suspension expires, you must jump through several hoops and pay fees to get your license reinstated. You must present the Bureau of Motor Vehicles proof that you have completed your sentence or paid off the debts that cost you your license. If you went through a lack of insurance suspension, you will also need to present a certificate of insurability called an SR-22. On top of that, the BMV will demand a special reinstatement fee and may require you take portions of the CDL test.

Then, when you get your license back, it will carry whatever points your offense merits. For instance, an OVI conviction brings a six-point penalty. Rack up 12 points on a reinstated license, and it will get suspended again.

Hiring an experienced Columbus DUI attorney to fight an OVI charge is a must if you drive for a living.

Offenses That Can Be Expunged in Ohio

Expunging a criminal record in Ohio means placing it off limits to the public. Law enforcement and court officials can gain access to some expunged records under certain circumstances, but the information will not be available to employers, banks, apartment owners, and others conducting background checks for work-related, financial, or contractual reasons.

Most types offenses can be expunged provided the person convicted on the charge has fully completed and satisfied all the terms of his or her sentence. The only two types of criminal convictions that cannot be expunged are those involving violence and those related to driving under the influence of drugs or alcohol. Also, traffic violations are generally exempt from expungement because actions like speeding and failure to yield are not considered crimes in and of themselves under Ohio law. WHAT CHARGES CAN BE EXPUNGED FROM MY RECORD IN OHIO? 

Current laws in Ohio allow individuals to petition for the expungement of one nonviolent felony, two nonviolent misdemeanors, or one felony and one misdemeanor. Nonviolent criminal offenses include larceny/theft, fraud, white collar crimes, drug possession, drug trafficking, solicitation/importuning, and burglary. Listing each criminal offense that falls into the nonviolent category would be impossible without reproducing much of the Ohio Revised Code. A simpler way to understand if you may have a chance of getting your criminal record expunged is to ask yourself if you were convicted of one of the following DUI-related or violent crimes:

  • Assault, including sexual assault
  • Domestic violence
  • Homicide
  • Kidnapping/false imprisonment
  • Murder
  • Operating a vehicle while intoxicated
  • Physical control (e.g., intoxicated while in the driver’s seat of a parked car)
  • Robbery

If you can answer no, then you may be eligible for expungement. The other minimum criteria that must be met in order to have your Ohio criminal record expunged are

 

  • Release from jail
  • Finished parole
  • Paid all restitution
  • Waited at least one year after completing all terms of your sentence
  • Failed the correct forms with the appropriate court
  • Paid the expungement petition filing fee

Consulting with an experienced expungement lawyer in Columbus, Ohio, before starting to apply for having your criminal record sealed is strongly recommended. Filing an incomplete application form or directing it to the wrong jurisdiction can result in an automatic denial. And you may be given a second chance to petition for expungement.

A knowledgeable Columbus expungement attorney will also be able to provide advice on what information to include with the expungement petition to convince the prosecutor and judge who review the application that you have paid your debt to society in full, kept your post-conviction record clean, and earned the opportunity to leave your past behind you as you apply for new jobs, loans, and educational opportunities.

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Why You Should Always Appeal Criminal Charges

Appealing a criminal charge has two components. The first involves requesting a trial instead of pleading guilty. The second involves asking a higher court to consider mistakes or injustices that led to a conviction. Explaining everything that happens while contesting an initial charge and pursuing appeals would take a library full of books. Here, the Columbus Ohio criminal defense attorneys will just highlight the most important reasons why you should always consider asking for your day in court and why you may have grounds for appealing a conviction. Read more

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What Charges Can Be Expunged From My Record in Ohio?

The best way to start answering a question about which criminal charges you can have removed from your record in Ohio is probably to list the offenses that would remain publically searchable for your entire life. Per Section 2953.36 of the Ohio Revised Code, convictions for the following crimes cannot be expunged: Read more

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