When Should I Hire a Criminal Defense Attorney Fort Worth, TX?

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Getting in trouble with the police may be terrifying, especially if you face severe accusations like drug possession. While you may be concerned about jail time and the grave repercussions of your acts, you should also consider hiring a defense attorney, mainly if any of the following occur.

You’ve Been Arrested

If you have been arrested or are being investigated for a felony such as a DUI, it is important that you speak with an aggravated assault lawyer right away.

It is possible to face serious consequences if you are convicted of this offense, including jail time, the loss of your driving privileges, and fines. It is possible that even if you are advised that legal involvement isn’t necessary for the early stages, it may be. If you’re facing federal or state criminal charges, your lawyer can help defend your constitutional rights.

Want An Expert Witness?

An expert witness is a specialist in a particular field who might throw doubt on your guilt or innocence. Consider hiring a lawyer who can locate expert witnesses for your case to get the best potential outcome. It’s worth mentioning that many DUI cases include an expert witness to substantiate the allegations against you, so it’s not a bad idea to do the same for yourself.

You’re Being Tried In Court

Depending on your accusations, you may find it beneficial to have a lawyer defend you throughout your criminal trial. For example, if you’re charged with a sex crime, you may engage a sex crime lawyer or a DVPO lawyer for a breach. They can utilize their knowledge of the legal system to achieve the best possible outcome, including a reduced sentence or the charges being withdrawn.

Something Doesn’t Add Up

Criminal defense lawyers may be needed if they consider that anything is unjust enough to warrant filing a motion. Your attorney can file a petition to suppress evidence if the sole evidence linking your name to a crime was collected by force alone. As evidence suppression in major crimes often includes cross-examining the arresting police officer, this isn’t something you can generally handle on your own.

Even if you’ve been convicted of anything in the past, you still deserve to be treated fairly. You may be eligible to have a past conviction dismissed to receive less penalty. Again, an expert attorney’s assistance may be required in this situation.

You’re Stuck, And You Don’t Know What to Do

If you’ve never been in trouble with the police before, it’s only normal that you’re nervous, terrified, and unclear of what to do. The police may persuade you that you do not need a lawyer, but they may also get you to make statements that could be used as evidence against you. The sooner you speak with an attorney, the higher your chances of getting the desired result. The knowledge they can give you will help you figure out the best course of action.

The best time to seek a criminal defense attorney is as soon as possible. The sooner you contact a lawyer, the faster you will be supported and led through the somewhat intimidating legal system.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

What happens if I don’t hire a criminal defense lawyer?

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Few things are riskier than choosing a bad lawyer for your criminal case. However, choosing to forego a lawyer altogether and represent yourself, is one of them.

There are a lot of pitfalls that could lead to life-changing consequences when you choose to defend yourself in court. This is not just about jail time and fines. Having a criminal record can significantly impact your future in terms of employment and future housing opportunities.

To help you understand what’s at risk when you choose to self-represent, let’s look at five things that are likely to happen when you choose to not hire a criminal defense lawyer.

Five things that might happen if you choose not to hire a criminal defense lawyer

1. Your rights are not protected and may be violated

The constitution offers important rights to protect defendants and suspects before and after arrest. However, if you’ve dealt with legal matters before, you know the law is rarely straightforward.

Your rights could get violated intentionally or unintentionally by police officers and prosecutors.

Unfortunately, without a qualified criminal lawyer, you might not be aware of the protections that you are afforded by the law. Therefore, a violation of your rights can lead to a conviction.

2. You might not know what defenses to assert

Similar to failing to protect your rights, failing to assert the right defenses can lead to a conviction when facing a criminal charge.

For example, if you are charged with drug possession in New Jersey, saying “I never knew it was illegal” even though it’s true, is not an advisable defense for your case. In fact, you could end up admitting to your guilt in a misguided attempt at defending yourself.  In this case, hiring a reputable criminal lawyer in NJ is the right call.

  3. You might not know what to say

How you speak in court can make all the difference between incarceration and liberty. Using the wrong tone, for example, can be perceived as weak, combative, careless, hateful, or even a sign of mental instability.

Lawyers, drawing from their experience, know exactly what to say and how to present themselves in an orderly manner before a judge. Your lawyer knows;

  • Which motions to file and when
  • Understands how juries are selected
  • Knows when to approach the prosecutor’s office to suggest a plea bargain, depending on how your case is going

You do not have the experience and skills to know these, and many other court processes and procedures.

If you don’t have a lawyer, you might make a bad impression in court when you say something that’s wrong or inappropriate. Worse, you might lose your case simply because you failed to speak and assert your defenses correctly.

4. You might accept an unfavorable plea deal

Most criminal cases in the United States don’t end up in trial, but with a plea deal. A plea deal or bargain is an agreement between the prosecutor and the defendant where the prosecutor promises to lower the sentencing or drop some charges if you plead guilty.

If you are facing a criminal charge, the prosecutor might reach out to you with a plea deal to get you to plead guilty. However, whether you should take the plea deal or not largely depends on the details of your case.

Without the help of an experienced criminal defense lawyer, you might not know whether you are getting a good deal or not and, therefore, you might accept a deal that is not in your best interest.

A criminal defense lawyer attorney can help you determine whether the plea deal offered is favorable and if the need arises, negotiate a better one on your behalf.

5. Your emotions will cloud your judgment

When facing serious accusations, it is important that you remain calm and level-headed, otherwise you cannot fight the charges effectively.

If you are representing yourself in court, you may find it difficult to keep calm when the evidence is upsetting, false, or offensive. You are likely to get nervous, angry, defensive, and in an attempt to talk your way out of trouble, make emotional arguments. This may affect the jury or judge’s decision in a negative way and in turn, hurt your case.

Final thoughts on why you should a criminal defense lawyer

Unlike in a video game, life doesn’t always offer second chances. You only get one chance to fight off criminal charges, and if you don’t put up your best defense in court, it might be the last time you are enjoying your liberty for a while.

Unless you are charged with a simple misdemeanor such as a parking ticket or maybe a trespassing citation, hire an experienced criminal defense lawyer to help you with your case.

So, next time you are wondering whether hiring an attorney is worth it, think about the bigger picture: your future.

Steve Harris

Steve Harris is a freelance writer and digital marketing specialist. He works closely with aielloharris.com as a content creator helping them build their online presence through friendly, engaging, and shareable web content. When not hunched over his computer thinking loudly, you can find him playing pop music with his band, reading horror novels, or traveling.

What Happens When You Get Caught with Prescription Drugs

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Many people suffer from severe addictions to prescription drugs or otherwise abuse these drugs. Ohio law does not allow people to obtain, possess, or use prescription drugs that have not been prescribed or obtained by legal means, such as medical professionals and pharmacies. Thus, if you are caught with prescription drugs and do not have a legal prescription, you can face criminal charges.

A Columbus prescription drug attorney knows how serious it is when you get caught with prescription drugs in Ohio, and they want to help you understand your legal rights and what kind of legal issues you can run into when you are caught with illegal prescription drugs.

Many prescription drugs can help people’s lives and increase their health and well-being, but when prescription drugs are used without a prescription, you are in danger of facing various drug offenses. Drug addiction can be painful and life-threatening, and addiction is the number one killer of all mental health conditions. Therefore, it’s imperative that solid and useful information is shared about these issues, including the legal ramifications.

Common Prescription Drugs People Abuse

Most drugs can be abused in some way, but there are certain drugs that people are most likely to abuse because of their properties. Unfortunately, many of these drugs are prescription drugs, and many of them are highly addictive. Opioids, for example, have been labeled an epidemic by the U.S. Department of health and human services because over eleven million people abuse this classification of drugs. Other drugs that people may abuse include various types of painkillers, depressants, anti-psychotics, and stimulants. Any drug that must be prescribed and has been illegally obtained can fall under this category. Some of these drugs will have more severe consequences than others.

In Ohio, some of the most common illegal prescription drugs people have are:

  • Oxycodone
  • Ativan
  • Xanax
  • Lortab
  • Hydrocodone
  • Vicodin
  • Valium
  • Morphine
  • Oxycontin
  • Percocet

Many people who abuse these drugs begin taking the drugs legally for pain or mental health management, but these drugs can become habit-forming and lead to addiction, which can cause people to seek out these drugs illegally.

Drug Schedules

In Ohio, and across the United States, drug schedules help determine what consequences will result from drug crimes and whether crimes are felonies or misdemeanors, and at what level. There are five schedules, five being the least severe and one being the most severe. These drugs are classified based on a couple factors: legal uses and the ability to be abused.

  • Schedule 1: Drugs in this classification do not have accepted medical purposes and have a high potential for abuse and dependency. Drugs in this class include LSD, Ecstasy, heroin, and Marijuana.
  • Schedule 2: Schedule II drugs do have accepted medical uses, but they have a high potential for dependency and abuse. These drugs include methamphetamines like Adderall, cocaine, oxycodone, high-grade morphine, and opium.
  • Schedule 3: These drugs are less abused than the schedule I and II drugs, but they can result in some physical dependency and higher psychological dependency. These drugs have some medical uses. Includes some Codeine blends, anabolic steroids, low-grade morphine, and ketamine.
  • Schedule 4: These drugs are abused less than schedule III drugs; however, they are associated with some risk for dependence. These drugs also have medical uses. Includes Ativan, Xanax, Dacron, Darvocet, and Rohypnol.
  • Schedule 5: Drugs in this group are less abused than schedule IV drugs. These drugs have medical uses, and they have a low risk of psychological or physical dependence. Includes Motofen, cough syrup (in low quantities), and Lyrica.

Some of the classifications of drugs have been challenged; for example, many groups suggest that marijuana should be removed from schedule I because it has started to be used medicinally and is not as dangerous as the other drugs on the list. This idea is often reflected in the legal system, and marijuana-related crimes often get lower sentences than other schedule I drugs. This discrepancy stems from the fact that the DEA is a federal body that still lists marijuana as a schedule I drugs, but some states have legalized marijuana. In Ohio, marijuana has been decriminalized in small amounts and has legalized marijuana in some instances, and legislation of marijuana laws continues to be a salient issue in Ohio).

Consequences for Prescription Drug Crimes

The consequences of a prescription drug crime can vary based on the severity and magnitude of the crime. For example, consequences become more severe when someone involves a minor in the crime, or people who have criminal histories will face higher consequences. Many people who are merely in possession of illegal prescription drugs in low quantities will face misdemeanor charges or less serious felony charges. Punishments for these crimes can include fines, imprisonment, addiction treatment, driver’s license restrictions or suspension, and a criminal record.

Generally, most people who don’t have previous drug offenses and possess prescription drugs can expect to be charged with a first-degree misdemeanor, which entails up to $1,000 in fines and six months in jail. Those who have previous drug charges can expect to be charged with a fifth-degree felony, which comes with up to $2,500 in fines and a maximum of one year in jail.

Having more than the bulk amount of drugs but less than five times that amount, you will be charged with a higher crime of aggravated possession of a controlled substance, and this charge is a third-degree felony. Third-degree felonies may result in up to five years in jail and a max of $10,000 in fines. IF you have more than five times the bulk of a drug but less than fifty times the bulk, your charge is bumped up to a second-degree felony, which is associated with up to eight years in jail and $15,000 in fines. Fifty times bulk or more is a first-degree felony that comes with up to ten years in jail and up to $20,000 in fines; this is a major drug offense.

Beyond just the legal consequences, people who have drug offenses face social, career, and personal consequences. Drug charges can influence your ability to work the job you want, and it can carry a social stigma as well.

How Lawyers Defend Drug Cases

There are many ways that a drug crimes attorney can fight for your interests and get the best possible legal outcomes for your case. No matter the details of your case, there are ways that a lawyer can help defend their client and seek improved outcomes. Using the Ohio law and precedents as a guide, a legal team will help you create the best strategy for your individual case.

Some things your legal team will explore when they take on your case:

  • Piecing together a series of events for your case
  • Finding any mitigating circumstances
  • If the search that led to the discovery of the drugs was legal
  • Searching for any error with warrants
  • Determining if illegal surveillance was used
  • Checking that your fourth-amendment rights were upheld
  • Verifying that you were read your Miranda Rights
  • Ensuring the legality of all evidence that was obtained
  • Making sure there were no lab errors or mishandlings

By taking these steps, your legal team can help you defend yourself and put your best foot forward during the legal proceedings. Drug cases are often intimidating and have a lot of factors involved, but a good legal term will help you better understand your case and what needs to be done.

Why Hire a Drug Defense Lawyer in Ohio?

The law is not easy to understand, and drug law can become quite complicated, which is why it is so important that you seek the help of a qualified lawyer if you are facing drug charges of any kind. A lawyer is your best option if you want to get the best outcomes for your case.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

How Filing a Civil Sexual Abuse Lawsuit Can Help Survivors Obtain Justice

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Sexual abuse is defined as any unwanted sexual activity and can result in a lifetime of trauma, with conditions like PTSD, depression, and anxiety lingering long after the abuse occurred. By filing a civil sexual abuse lawsuit, survivors may be able to obtain justice and closure by holding their abuser and any potentially negligent third parties accountable.

While a lawsuit cannot change what happened or eliminate the trauma an individual endured, it can hold the responsible party or parties responsible and provide financial compensation. Because sex abuse is both a state crime and a civil tort, victims of sex abuse have the option to seek justice through a criminal sex abuse lawsuit, a civil sex abuse lawsuit, or both. Contact a sex abuse lawyer to learn more about your options.

What is Considered Sexual Abuse?

According to the American Psychology Association, sexual abuse is defined as any unwanted sexual contact involving the use of force by the perpetrator. Examples of sexual abuse include:

  • Rape or attempted rape
  • Sexual abuse of a minor
  • Groping or unwanted sexual touching
  • Sexual battery
  • Indecent exposure
  • Sexual harassment

What is the Difference Between a Criminal and Civil Sex Abuse Lawsuit?

One of the biggest differences between the two forms of legal recourse is the potential outcomes. In a criminal case, the charges are brought by the state and not the victim. If a criminal case against a sexual abuser results in a guilty verdict, it may result in a prison sentence. In civil cases, the case is brought by the victim against the predator or an organization or business that may have played a role in the abuse. If successful, a lawsuit will result in financial compensation.

In a criminal case, the victim is considered a witness and is often asked to testify, which means recounting their traumatic experience in front of a jury. The jury must decide if the defendant is guilty “beyond a reasonable doubt,” meaning the evidence must show that the defendant committed the crime without a doubt. Additionally, the victim has no say in the outcome or sentence the defendant receives. In a civil case, the victim has more control over proceedings and the final outcome.

Why Are the Benefits of Filing a Civil Sex Abuse Lawsuit?

In general, civil sex abuse lawsuits center more around the survivor’s needs instead of the perpetrator’s punishment. The benefits of filing a civil sex abuse lawsuit include:

  • More control over the case: In most cases, the survivor has no say in the sentencing the defendant receives. In a civil case, they have more authority over the proceedings of the case and will make the decision regarding settling the case or going to trial as well as actively participate in the terms of the settlement.
  • Financial compensation: A civil sex abuse lawsuit allows survivors to seek compensation for damages incurred as a result of the abuse, including loss of capacity for the enjoyment of life, pain and suffering, therapy or counseling costs, and more.
  • The burden of proof: In civil sex abuse lawsuits, the abuser must only be found “more likely than not” liable, instead of “beyond reasonable doubt” in criminal cases.
  • Third-party liability: In a civil case, the survivor has the ability to bring a case against the perpetrator as well as against any other third party who may have contributed to the abuse in some way.

Filing a Sex Abuse Lawsuit Against a Third Party

A third party may refer to a school, a youth organization, a religious institution, a corporation, or a business (a hotel, spa, cruise line, etc.) whose negligence contributed to the sexual abuse that took place. In a civil sex assault lawsuit, a third party may be found liable for abuse through many different actions or inactions, including:

  • Inadequate hiring practices
  • Lack of training or supervision
  • Failure to conduct background checks
  • Failure to provide adequate security
  • Failure to report or investigate instances of abuse
  • Covering up instances or accusations of abuse

In a criminal case sex abuse case, the state only prosecutes those directly involved in the crime that took place. A criminal case does not prosecute the institutions or individuals that may have made it easier for the abuse to take place, like a school covering up allegations of a staff member’s abuse. A civil sex abuse lawsuit can hold the organizations whose negligence may have opened the doors for abuse to happen responsible and prevent it from happening again in the future.

Do I Need a Civil Sexual Abuse Lawyer?

When considering filing a sexual abuse lawsuit, it is advisable to consult with an experienced sexual abuse lawyer who can guide you through the legal process. Things to keep in mind when choosing a sex abuse attorney include:

  • Experience: Ensure the law firm you hire has ample experience handling sex abuse lawsuits by asking about the number of similar cases its attorneys have handled and what the final outcomes were.
  • Expertise: It may be preferable to choose a law firm that specializes in sex abuse law as opposed to one that handles a large number of other types of cases. A law firm with ample experience and knowledge of sex abuse law will understand how to navigate the difficult nature of these types of cases.

Additionally, a qualified sex abuse lawyer should be empathetic and aggressive in handling sex abuse lawsuits. A capable sex abuse law firm will be able to guide you through the legal process, protect your rights, and advocate on your behalf to secure the maximum potential financial compensation for the abuse that occurred. Contact a sex abuse lawyer today to learn more.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Why You Need an Experienced Drug Possession Lawyer in Lubbock, TX?

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The charges against you have a huge impact on your future. While you might be tempted to take matters into your own hands, you should know that you are not the only one facing these charges. Drug possession of a controlled substance, such as marijuana, is punishable by up to six months in jail and a fine of up to $2,000. Even if you are only charged with misdemeanor charges, you could still be facing additional time in jail and a hefty fine.

If you have been arrested for a drug-related offense, you need a lawyer who can help you fight your charges. You should also know that there are several types of drug possession charges. There are also defenses that an experienced drug possession lawyer can help you with.

Types of Drug Possession

Drug possession is a serious crime in the United States. Drug Possession is defined as knowingly taking a prohibited drug from a person’s possession with the purpose to deliver or sell it or use it. It can result in a variety of penalties, depending on what type of drug you were charged with possessing. A drug felon is guilty of a felony crime if she or he possesses a drug that is not prescribed to them.

The most common types of drug possession charges are:

  • Possession of marijuana
  • Possession of cocaine
  • Possession of heroin

If you were arrested for a drug-related offense, you might face additional charges. These charges can include:

  • Possession of a controlled substance
  • Possession of drug paraphernalia
  • Possession of a firearm without a license

In some cases, you might be able to get a drug possession charge reduced to a misdemeanor. If you have been arrested for drug possession, you should ensure that your attorney can help you fight these charges. Be sure he has experience in drug possession cases. They should also know about the different types of charges you could face.

How Can A Drug Possession Lawyer Help?

A drug possession lawyer can help you fight your charges. The lawyer can help you understand what your rights are and what evidence you need to present. This can help you get the best possible result by helping you get a reduced sentence, if you are charged with a felony drug charge.

The lawyer can also help you determine whether you have a defense. You might be able to argue that the charges are not true or that the drug charges are an overreach on the part of the police. If you are facing a felony drug possession charge, You could face a lengthy prison sentence and a hefty fine. A drug possession lawyer can help you fight these charges. He can also help you understand the sentencing guidelines and the potential for probation and other sentencing options.

Things to Keep in Mind

There are many types of drug possession cases. You need to know that you have a defense if you are charged with a drug charge.

You should realize that the prosecutor can make allegations against you that are false. They can be made to try to convict you.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Can a paralegal give legal advice?

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Paralegals are professionals who assist criminal defence lawyers with tasks such as legal research, investigation, and drafting documents. While they can provide support to attorneys in various ways, it can be hard to discern if they have the authority to give legal advice. Read on to see if these law professionals can provide legal insight or not.

Paralegals’ Duties

Legal Research

One of the most common tasks paralegals perform is legal research. When an attorney is working on a case, they may need to review laws, court decisions, and other legal materials to build their argument. Paralegals can help with this process by conducting research and compiling information for the attorney. Legal research involves using print and electronic resources, including law libraries, search engines, and databases. Legal research aims to find information that will support the attorney’s argument.

Drafting Documents

Paralegals also draft a variety of legal documents. These documents can include letters, pleadings, contracts, and wills. In some cases, paralegals may also be responsible for filing these documents with the court or other government agencies. Drafting documents requires a strong understanding of legal terminology and the rules of procedure.

Case Investigation

Another important role that paralegals play is case investigation. Paralegals will often work directly with clients to gather information about their cases. It may involve collecting witness statements, taking photographs, and interviewing witnesses. Case investigation is an important part of preparing for trial and allows the attorney to build a strong case on behalf of their client.

Assist in Closing & Trials

Part of what paralegals can do is assist attorneys in closing arguments and trials. Paralegals may help prepare exhibits and other materials used during the trial. They also may take notes during the trial and organize any paperwork introduced as evidence. At the end of the trial, paralegals may help the attorney prepare for their closing argument.

Help with Administrative Tasks

In addition to their legal duties, paralegals also perform several administrative tasks. These tasks can include answering phones, scheduling appointments, and maintaining files. Paralegals may also be responsible for billing and invoicing clients. These administrative tasks can be just as important as the legal work performed and allow the attorney to focus on their case.

Work with Clients

In some cases, paralegals may also help to manage client relationships. It often involves answering questions from clients or referring them to an attorney when necessary. Paralegals will usually have a strong understanding of the legal process and can provide valuable support to clients.

Help with Lawyer Professional Development

Paralegals may also be responsible for helping attorneys develop professionally. It can involve organizing continuing education seminars or arranging meetings with other legal professionals. Paralegals may also help attorneys prepare for trials by reviewing cases and developing trial strategies.

Are Paralegals Able to Give Legal Advice?

If you are facing charges of assault, DUI, or any other crime, you need to speak with a criminal defense lawyer as soon as possible. A criminal defense lawyer will be able to review your case and advise you of your legal rights. Getting a good attorney is one of the most important things you can do if facing criminal charges. Why Do You Need a Criminal Defence Lawyer

When choosing an attorney, you should look for someone who has experience handling cases like yours. You should also make sure that you feel comfortable with the attorney and that you can trust them. If you are not sure whether or not an attorney is right for you, you should ask for a consultation. It is a meeting between you and the attorney where you can ask questions and get to know each other.

It would be best not to attempt to represent yourself in court. If you do, you will be at a severe disadvantage. The prosecutor will have an experienced attorney on their side, and you will not. It would be best if you had an attorney on your side who could fight for you and protect your legal rights.

Paralegals cannot give legal advice, but they play an important role in the legal process. Paralegals often work directly with clients to gather information about their cases. They also draft various legal documents and may assist attorneys in closing arguments and trials. Paralegals also perform several administrative tasks such as answering phones, scheduling appointments, and maintaining files. In some cases, paralegals may also help manage client relationships. If you need legal advice, it is important to speak with a criminal defense lawyer instead of a paralegal. A good attorney can help you understand your legal rights and protect them in court.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

What is a Miranda Warning?

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Most people have heard of the Miranda warning, but it is important to understand what it means and what to do if you have been arrested. Invoke your right to remain silent and then contact a California criminal defense lawyer.

When law enforcement officers arrest someone in television shows or movies, you likely hear them tell the arrestee that they have the right to remain silent, anything they say can and will be used against them, and they have the right to an attorney. Collectively, this is referred to as a “Miranda warning,” and the law requires officers to give this warning to ensure that anyone in a custodial situation understands their rights.

Getting arrested can be a traumatizing experience, and it can be difficult to know what to do to best protect yourself. Never hesitate to invoke your Miranda rights, refrain from answering police questions, and call a criminal defense lawyer as soon as you possibly can. Feel free to call DeLimon Law offices if you are nearby Riverside or San Bernardino. need an experienced Virginia homicide lawyer

Brief History of Miranda Warnings

In 1966, the Supreme Court of the United States (SCOTUS) ruled on the landmark case of Miranda v. Arizona. In a time when police officers commonly used highly intimidating methods of interrogation to get confessions, Ernesto Miranda confessed to several serious offenses after police used such tactics. SCOTUS overturned the conviction and sent the case for a retrial, holding that individuals in custody must be informed of their rights prior to police interrogation.

While the specific wording of a Miranda warning can vary from situation to situation, the general idea must include:

  1. Informing the suspect of their right to remain silent under the Fifth Amendment
  2. Informing the suspect of their right to counsel under the Sixth Amendment

What Happens if You Do Not Receive this Warning?

If police officers fail to properly issue the Miranda warning to someone who is being questioned in a custodial situation, it can impact any criminal case that follows. Any answers you give to police without being Mirandized should be kept out of evidence to prove any criminal charges.

For example:

  1. An officer arrested you and started asking questions about the alleged offense without informing you of your Miranda rights
  2. You then say something incriminating during police interrogations
  3. If you are charged with the offense, a skilled criminal defense lawyer can seek your answers to be inadmissible as evidence because the questioning was in violation of your rights
  4. If the prosecutor was relying on your answers as evidence, they might have a much weaker case or even dismiss the charges

Should You Invoke Your Miranda Rights?

Many people think that stating they decided to stay silent and call a criminal defense attorney will make them appear guiltier. However, the authorities cannot use this decision against you in a criminal case, and you should not hesitate to invoke these rights. Politely inform the officers that you are invoking your right to remain silent and to counsel, and then seek help from a Riverside criminal defense attorney right away.

Developing a Criminal Defense Strategy to Fit Your Unique Needs

There isn´t a law firm in California that can guarantee results, but the Riverside Criminal defense Lawyer from DeLimon Law can offer you the expertise that you need. It’s a matter of examining every aspect of the physical evidence including police reports, interrogations, witness’ testimony, weighing the client’s options for dismissal if the prosecution cannot proceed with the legal process, and lowering charges when they come to a conclusion.

Speak with a Criminal Defense Lawyer Right Away

At DeLimon Law, our Top-rated criminal defense lawyers can begin protecting your rights immediately after an arrest, and you should not wait until you are charged to seek defense representation if you are in Riverside, San Bernardino, or nearby. Call 951-777-9104 or contact us online to discuss how we can assist you.

 

AUTHOR BIO

Daniel Delimon

Daniel DeLimon is a criminal defense attorney in California serving Riverside and San Bernardino, California residents and nearby areas. A former prosecutor with over 17 years of experience and widely respected by the legal community and served as a homicide attorney in one of the nation´s largest district attorney´s offices.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

What Happens If Police Don’t Read Your Miranda Rights

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Miranda Warning is the legal right of an arrested person to refuse to answer questions and have an attorney during interrogation. Research presented by the University of North Texas professor at APA’s 2011 Annual Convention found that about 1 million criminal cases in the US are compromised yearly since the suspects are unaware of their constitutional rights. Another study found that out of 9.2 million arrests in 2009, about 10% or 976,000 were compromised by the Miranda Rights issue. Police also do not explain well since they are under the misconception that defenders understand their Miranda rights. Arrestees also often feel that they know their rights and do not listen.

But it is vital since Miranda rights safeguard criminal suspects from law enforcement and remind them of the Fifth and Sixth Amendment rights before police questioning. Read on for a detailed discussion of what happens if you were not given the warning.

Custodial Interrogation

The court will consider multiple factors before determining if the custodial environment was coercive and compelling. These are taken into account to assure that the conversation was consensual before proceeding further. Also, it can help the court understand the psychological and physical restraints on a person’s freedom during the cross-questioning session.

  • The place of questioning or the setting.
  • Usage of physical force before or during the session.
  • The duration and style (threatening or friendly) of the interview.
  • The time of the interview (odd hours point at custody)

Most courts use a system called Reasonable Person Standard to determine if the custody was valid. This means that if another person in the same situation as the accused would have felt free to leave after the conversation. If yes, then they were not in custody. At this point, the Miranda Right might be exercised.

What Happens if the Rights Were Not Read?

The Supreme Court defines interrogation as ‘express questioning or its functional relevant’. Anything said during this period, without a Miranda warning, is ruled inadmissible. This is done since constant pressure and stress might put you at risk of saying anything that could damage your case. However, the case is not automatically ruled out neither you are protected against the offense but the only statement will be suppressed due to what is known as procedural error. This is termed a Motion to Suppress and is usually filed by the criminal defense attorney. But how to ensure this motion is a success? Try to keep the arrest timeline in mind or jot down the event sequences. If your friend or knowns have recorded a video of your arrest, try to preserve it securely.

Legal Arrest Protocols

The police are not required to read the Miranda terms and conditions before an arrest. You can be asked questions and responses may be used in court. The rights are truly relevant when someone is in custody and is subject to interrogation. By custody, it is the restriction of freedom of action in any definite manner and is not solely limited to being held inside a police car or station. The officer must let you know of the following components:

  1. You can remain quiet during the investigation without explanation. However, you can answer a few personal questions like name and date of birth.
  2. Statements given during this period may be used against you at trial in case the questioning session has not begun yet.
  3. You have the right to a highly qualified and seasoned lawyer for yourself.
  4. They will be provided by the government in case you cannot afford the services on your own.

Attorneys strictly instruct you to keep your mouth shut since the accused often end up revealing information that can be used as incriminating ‘evidence of guilt’. People charged with crimes feel that their case will be dismissed if the Miranda rights are not recited. But that is not true. For instance, if the police detain you for driving under the influence of drugs and you admit the same, the case can be subjected to action. No Miranda warning is required since you were not under custody at this point.

Having clear knowledge can help save yourself from harassment. For example, if the police start questioning you before briefing you on Miranda rights, then it is a violation of your rights. The best way out is to talk to a professional and take their advice since laws can differ from state to state.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

What should you do when facing an Arrest Warrant

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Being arrested on a warrant may be a frightening experience. Furthermore, having the police come to your door immediately and demand admission, especially in the early morning hours, maybe not only upsetting but also dangerous to you and your family.

The police are aware of who they could confront and what dangers they could face. Therefore they frequently arrive in force and are highly armed. People who wake up to screaming and bustle, as well as the presence of highly armed intruders, may believe they are dealing with house invaders rather than police.

Furthermore, having an arrest order served by the police next to your children or at your workplace might not only be humiliating, but it may also result in the loss of your employment.

As a result, if you learn or think that a warrant has been issued for your arrest, it is in your best interest to get legal advice and representation. To assist you with your case, get suitable and effective legal advice and assistance from experienced Criminal Lawyers at Gold Coast.

Whether you are given early notice of the warrant or learn about it when you are arrested, you must take the following critical procedures to safeguard your legal rights and defend the accusations you face.

1.   Get support from a lawyer

Your first move should be to contact an expert criminal defense attorney right away. They will advise you on what to do, be present during your arrest and police questioning, and accompany you to all court sessions. A qualified attorney can also construct a solid defense so that the charges are dropped or reduced to a less serious offense with less severe penalties.

2.   Make contact with a bail bondsman

After checking with your lawyer, you may choose to call a bail bond agent who may assist you in arranging to post bail if that is an option. Making arrangements with a bail bondsman before you are arrested will help you stay in jail for less time.

3.   Turn In Yourself

The next step would be to surrender and cooperate with the authorities during the booking procedure. You must do so in the proper jurisdiction so that you do not spend needless time in jail before your bail is established. Your lawyer or bail bondsman may be able to propose the optimum times of day to submit to the police to maximize your chances of being freed sooner.

4.   Do Not Give Police Statements

While in police custody, you have the right to stay quiet under the law. Make no remarks to law enforcement officers, either verbally or in writing. When they interrogate you, your attorney should be there.

  • Make no remarks to anyone in your detention cell or other detainees. These statements might be used against you as well.
  • When using a phone inside a police headquarters or jail, be cautious what you say since your conversation could well be recorded.

Reasons Not to Ignore an Arrest Warrant

It is fairly uncommon to learn about an arrest warrant before police enforcement contacts you. Perhaps your friend’s cousin who works at the police station remembers your name and alerts you. Maybe you didn’t change your address on your driver’s license, and the police arrived at your mother’s house looking for you. Perhaps you’re expecting a warrant because you suddenly recalled you were supposed to appear in court yesterday.

It makes no difference how you learned about the warrant; what matters is what you do next.

Here are just a few of the reasons why ignoring or avoiding an arrest warrant is often not in your best interests:

  • If you wait for law enforcement to capture you, the time or place may be highly inconvenient—for example, in the parking garage of your workplace or when you’re in the supermarket with your kid.
  • If you are arrested after hours, you may have to spend more time in jail than you would have otherwise.
  • If you make the police seek you down, your bond terms may be significantly less favorable than if you make plans to surrender yourself or establish a court appearance.

Unfortunately, dealing with an arrest warrant on your own may be difficult as well. Cops, judges, and prosecutors are not always willing to work with criminal defendants. This is particularly true if you have previously failed to appear in court, have a strong criminal history, have been charged with a major offense, or raise any other “red flag.”

The assistance of a professional criminal defense attorney can assist in speeding up the process and offer up new possibilities for settling the warrant.

Do you require legal assistance?

Having a warrant issued for your arrest may be stressful, especially if you are unaware of the occurrence that resulted in the warrant being issued in the first place. However, even though it appears that your position is bleak, it is not, and you are not alone. If you or a loved one has been charged with a crime, call Brisbane Criminal Lawyers for an initial consultation. They are committed to ensuring that every case is given the highest care and attention.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

How to find best criminal defense lawyer in Stuart

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Practical Tips to Find the Best Criminal Defense Lawyer in Stuart

If you are confronting robbery, DUI, or some other charge you need an accomplished Criminal Defense Lawyer in Stuart encouraging you to battle your case. At the point when you or somebody you love is dealing with criminal indictments, it is basic that you have an accomplished criminal protection lawyer battling for you. The major choice you have to make is which criminal protection law office to recruit to help you. it tends to be hard to track down the one appropriate for you. How would you realize who to trust with your case and your life?

Setting aside the effort to search out the best criminal defense lawyer can guarantee you are addressed in the most ideal light when you go to court. Albeit the way toward looking for an attorney can appear to be overwhelming, particularly when managing the repercussions of a criminal accusation, this is perhaps the main strides of the whole case.

Thus, here are some tips for you that can help you find the best criminal defense attorney;

  • Look for a Responsive Attorney

When it comes to facing criminal charges, there is no guarantee of what the next moment will bring for you. If your time is lost, eventually your case can too fall apart. At this point, you need a professional criminal defense lawyer that is ready to accept your case immediately and start working on it. when you contact a legal counselor, they ought to react rapidly. Their legal team should not wait more than a day to arrange a meeting with you. A quick reply will lead to a quick resolution for your case.

If the attorney is rapid at answering your Inquiries via call or email, he/she can be considered a responsive attorney. Considering their responsive nature, you can trust him with taking your case to the next level in your interest. You can see that, if they value your time, they will value your case and will do anything to protect you.

  • An Attorney Specialized in Criminal Defence

No attorney other than a criminal defense lawyer can help you with your case. It’s not compulsory to just practice criminal law, but he/she should at least specialize in criminal law. Thus, before hiring, you should do your research. You can look up to their websites and find their specializations and past experiences. If you find criminal law specialization at their profile, you can consider them as one of your choices.

The only law that you need to keep in mind is— practice. Your lawyer needs ordinary contribution in criminal law to keep awake to date on the subtleties of this kind of law and the most ideal defense.

  • Do your Research from Reliable Sources

Before hiring any attorney, you should consider doing your research. You can find several sources to do so, some are trusted and some are not. Thus, always consider researching only credible sources to check if your lawyer has any past discipline record.

A few sites like Google+ and Facebook don’t allow lawyers to eliminate awful audits, so these sites can be a decent spot to take a gander at what different customers need to say. Different destinations help lawyers paint a ruddy picture. While you would prefer not to exclude a lawyer in light of one terrible survey, perusing audits can give you an overall thought of what different customers need to say about them and their administrations.

  • Look for Referrals or Reviews

Apart from online sources to find the best attorney, you can ask for referrals to your friends and family. Any recommendation from them can benefit you as it is coming from an attorney’s past client. So who can tell you the best other than them?

Those with direct information on how a lawyer works can help offer you knowledge into how they will deal with your case. Additionally, if you utilize a legal advisor for business or domain arranging matters, you can ask them who they suggest for a criminal case. Informal exchange can be an incredible method to hear a fair point of view particularly when the individual you’re asking needs what’s best for you.

  • Consider a Clear Fee Structure

When you look for an attorney, always consider asking the fee structure. A clear and precise fee structure can take you a long way. If you are already assured with the right charges, you can relax back and let the attorney do the work.

The best protection lawyer doesn’t need disarray about their bill. All things being equal, they will clarify in basic terms how they bill and give you a thought of what you can expect concerning their charges for administrations and the all-out cost of your protection. The most economical attorney isn’t in every case best. All things being equal, you ought to ask what their administrations incorporate and ensure that your lawyer is ready for mounting a fiery defense.

  • Pay attention to Your Gut feelings

With such a great amount on the line, it merits the time and exertion to track down the ideal DUI Attorney in Stuart for you. You can do a ton of the exploration on the web, however, you need to meet with them in person as well. Try not to be hesitant to pose inquiries. Although it’s critical to require some investment to track down the correct legal advisor, it’s likewise imperative to work rapidly to secure your inclinations. I wish you all the luck that prevails!

 

BIO

Law Office of Denise Miller are amongst the top-notch law firm that has offered proficient lawful services to people in need. This law firm has worked for nearly two decades in the areas of worker’s compensation. They can help with a wide cluster of issues,They believe that every customer’s circumstance is exceptional and imperative to them.

Denise Miller

Law Office of Denise Miller is amongst the leading law firms that have been proving to be the best for 20 years. At this firm, family law lawyers in Stuart cooperate with customers to give the experience, sympathy, and polished methodology they need to create results. With the assistance of their talented Stuart family attorney, your exceptionally close-to-home issue can be checked on and introduced rapidly and viably, giving you an ideal result in these delicate issues.