5 Duties of a Personal Defence Lawyer

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Are you in need of a defence lawyer? If so, it’s essential to know what your lawyer is obligated to do for you. If you’re seeing your lawyer isn’t living up to their duties, you want to start looking for another one. You can end up losing your personal defence case in the event of mishandling. But the first step is to know when your lawyer is neglecting the obligated duties.

Here’s a list of things that your lawyer should do:

 

  • Careful Examination of the Case

Your lawyer should be putting in the time to really dig into the case. You should know what kind of approach will be taken, given examples of similar cases, have laws interpreted to you, and honest opinion of your chances of winning the case. Whether the charge is your fault and the odds look slim, the criminal defence lawyer should always provide all the available options.

  • Put Effort Into Getting Evidence

In many criminal defence cases, it can come down to evidence, even circumstantial evidence. Your lawyer should be looking for evidence to defend the charge and prove a false accusation, if that’s what is happening. The process may include going through things like photos, cell phone records, videos, and more.

There should be an outreach for witnesses if they were any, and follow-ups to ensure their participation. If you feel like your defence attorney is not putting effort into gathering information and evidence, then the attorney is not taking your case seriously enough. It may be time to talk to another attorney, or you’re going to have a weak defence in court.

  • Giving You Full Representation in Court

The criminal defence lawyer should represent you throughout the entire court process. You want to feel like care is occurring. If your lawyer is not showing up at many points of the process or relegating another person in their firm when the lawyer promised to give your case the attention it deserves, it’s a red flag.

  • Regular Updates Throughout the Case

Your lawyer should update you as the case progresses. There may be new information, different charges, and other information that can affect your case. It’s your lawyer’s job to make sense of everything and communicate the information to you in a way that’s easy to understand. You want to feel like your lawyer is giving you the attention you expect.

  • Negotiate Deals

There are many cases where the odds are against you. Your lawyer should be honest about your chances and work to mitigate the consequences of a guilty charge. The lawyer should try to negotiate a plea deal, work out a settlement with the plaintiff, or try to go for a lesser charge.

And aside from performing their duties, you still want to think about how you’d go about finding a competent lawyer. You want to see that the lawyer has handled cases like yours. You want to see that the lawyer has a good track record of winning cases for clients. And you want full transparency about the process, fees, and legal issues so that you know what to expect.

These are just some of the many things that a personal defence lawyer should do for you. Again, you must know what your lawyer should do for you to ensure you’re getting the best service. You want to know that you’re going to get a fair shot at defending yourself, especially when the stakes are high.

Mike

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Underage Drinking and Driving Charges in Ohio

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Ohio, like every other state, makes it illegal for anyone younger than 21 to purchase alcohol. Consuming and possessing alcohol in public before reaching the age of 21 are also criminal offenses.

It only makes sense, then, that police, prosecutors, and judges in Ohio take charges of operating a vehicle after underage alcohol consumption very seriously. A first-time conviction for driving under the influence while below the legal drinking age can bring all of the following penalties: Read 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.

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

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Are you looking for an attorney that can be of great help in solving your legal issues? However, what type of attorney you are searching for. Now, there are several kinds of attorneys. 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. Read more

John Barrett

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

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DC police recently came under fire for allegedly staging the search of a man whom residents believed was an undercover officer 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 the 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 to determine 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 attorneys challenge stop-and-frisk policies for their alleged violation of the Fourth Amendment, which protects against 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 have 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 to 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.

Jessica

Find top rated attorneys and law firms profiles with Find Attorneys Directory  Publish articles here as other bloggers are doing.

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

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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. Read 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.

How Criminal Defense Attorneys Can Help You

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If you have been accused of a crime, you know how terrifying it is to face the possibility of going to jail. The role of a criminal defense lawyer in Miami is to represent you on charges of committing a crime to the best of your ability.

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 courtroom 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.

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 You Get in Trouble for Driving While High on Marijuana?

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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. Read 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.

Drawbacks to Getting Your License Suspended

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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.

Colin Maher

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

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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 of 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 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.

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 Should Always Appeal Criminal Charges

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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.

Why Contest a Criminal Charge

Every person charged with committing a crime in Ohio and across the United States has the right to request a trial. Exercising that right allows the accused person and his or her criminal defense attorney to do the following things:

  • Examine and analyze all the evidence collected by the police
  • Question law enforcement officials who conducted the investigation and made the arrest
  • Question witnesses who will be called to speak against the defendant
  • Prepare a defense based on evidence and testimony that supports the defendant’s innocence or calls the prosecution’s case into question
  • Enter into discussions with the prosecutor and judge about pleading to a more minor offense that carries a lesser penalty

Going to trial also makes it easier to file an appeal of a conviction. While Ohio does allow a person to ask for a new trial after pleading guilty, succeeding with such a request is exceedingly difficult.

Why Appeal a Criminal Conviction

People convicted of crimes have several opportunities to appeal. The most common is a direct appeal, during which the evidence against the defendant is reconsidered or the way the first trial was conducted is examined. Ohio permits a defendant and his or her defense attorney to file a direct appeal on any of the following grounds:

  • Police and prosecutors collected, stored, analyzed, or presented evidence improperly.
  • Statements made by the defendant during interrogation or by prosecution witnesses were coerced, false, or inadmissible for other reasons.
  • The original judge’s rulings on pretrial motions and objections to courtroom proceedings were incorrect under law or trial guidelines.
  • The sentence imposed exceeded maximum limits spelled out instate statutes.
  • The judge’s instructions to jurors regarding how to interpret relevant laws, weigh different kinds of evidence, or recommend a sentence were unclear or not followed.
  • Violations of the defendant’s civil rights occurred. Examples of this could include not being informed of the right to an attorney or hearing racist comments from law enforcement officials or jurors.

A notice of intent to file a direct appeal must be delivered to the court within 30 days of the original conviction. State law also strongly recommends hiring a new Criminal defense attorney to handle the actual appeals 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.