Who are Criminal Defense Lawyers and Why do you Need Them?

How do you feel when you hear the person standing in front of you is a criminal lawyer?

Why criminal lawyers are respected in the society?

Why we need them?

Almost all of us eye criminal lawyers with respect and as a powerful person. Their job is to ensure the accused being not get deprived of his/her constitutional rights. Texas sex crimes defense lawyer fight for a wide array of crimes including manslaughter, murder, arson, assault, fraud, identity theft, sex crimes, child pornography etc.

Types – Criminal attorneys are segregated into two main types, namely public defenders and private attorneys. And whether it is New Delhi, Beijing, Alaska or Atlanta, defense lawyers and public defenders are found everywhere. Private attorneys represent their clients and are at the liberty whom to choose and represent, whereas public defenders, appointed to represent people, who cannot afford lawyers work for the court system and handle cases allotted by the Public Defender system.

When criminal lawyers get involved in a case?

Criminal attorneys can get involved in the proceedings of a case at any time, provided it depends upon the mutual understanding and agreement between the client and lawyer. In most of the cases, attorneys represent the clients throughout the criminal justice process. Even some people hire the criminal lawyers even before they are charged. So that the criminal defense lawyers guide them in a better way and instruct the individual not to disclose any incriminating information. However, if lawyers are hired at a very initial stage, then they analyze the case, identify their weakness & strength and find out the defense strategy. The lawyer tries to convince a court to drop charges against the accused mainly on the grounds of improper procedure and insufficient evidence.

How to select Criminal Defense Lawyer?

Let us see some of the guidelines which can help us in selecting the appropriate lawyers for us:

Doing some online research gives us an idea about various criminal defense attorneys, residing in the city or the state

Screening and tracking lawyers past records. Plus, also analyzing his relevant experience in the case that we are going to face

Whether it is London, Paris, New York or Atlanta criminal defense attorneys’ names must be verified and checked in renowned and large criminal defense associations. In this regard, state journal site and local TV stations can also be checked.

The competence of a legal counsel can also be determined from the write-ups, penned down by him.

It is better to check the lawyer’s position in the lawyer’s association.

Criminal Attorney New York- Helpful Guide For Phoenix Criminal Defense Attorney

Criminal defense attorneys at https://kinglawoffices.com/office-locations/north-carolina/shelby/criminal-defense-lawyer know that police must adhere to firm procedures and customs during an arrest, and their failure to do so may lead to the dismissal of a criminal case. Additionally, these attorneys all too commonly represent clients who did not understand their rights at the time of arrest and therefore accidentally claimed things or did things to incriminate themselves.

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The personal lawyer will take some time to explain what takes place when the accused takes a plea bargain or is found guilty of a crime. Some of the events that take place simply upon conviction won’t be apparent to a defendant representing themselves.

Crimes that involve violence against other folks or animals are serious crimes, and generally involve heightened possibility of long-term incarceration, sizeable victim remuneration and court costs, and major social stigma. Violent crimes include many of the nation’s most despicable crimes.

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Houston criminal lawyer will make efforts to challenge the case on behalf you and win the verdict against you. They will aid you in getting bail and will help you in the pre-trial hearing and will be offering you support throughout the case. If you have just being charged under any of criminal case then you can very well go with the option of hiring the services of same counsel that has supported you in prior case.

Criminal lawyers may defend those charged with offenses like harlotry, sexual molestation and rape. Since these charges carry serious consequences, including jail time, most people will want to find the best criminal lawyer to represent them. Since there is a stigma attached to accusations like rape and other sexual offense charges, plenty will want their name cleared.

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When attorneys take these stats into account, they realize that there is a large amount of folk accused of crimes that they did not commit. That’s the reason why it is very important that you hire a lawyer that is an expert in criminal cases, and knows their way round the courtroom.

Why Should You Hire a Dui Lawyer And The Best to Hire a Dui Lawyer

All over the world drunken driving is considered be a severe crime. Driving under the influence of alcohol does not create problem alone to the person who is driving, when something drastic like accident happens it may creates problems for others. When a person is too much drunk, he will be totally out of his mind and this will lead to problems when he drives. This reckless driving may, sometime lead to death of other persons.

When an individual is found to have consumed excess alcohol and caught while driving he will be charged for driving under the influence of alcohol. The punishment for DUI varies from country to country. But all over the world it’s severe crime. It may lead to criminal charges when caught.

Apart from the person who is caught on drunk driving, the cops will also drag in if there is a co-passenger. Before confirming the crime the person will put through various tests. And once confirmed he will be booked and from then on he will need the assistance of a DUI Lawyers .

Seeking the help of a National City dui lawyer is very much important as the person who got caught will not be an expert in this field. Therefore, only a dui lawyer can bail him out. Now again finding a dui lawyer is going to be tough. You should know someone or you can get help from online databases that have the details of dui lawyers. These websites will have the details of dui lawyers state wise.

Apart from finding the lawyer. One should also take care in finding a quality lawyer. The dui lawyer should be an expert in handling the dui cases and should have huge experience in handling these cases. Only when you hire a experienced and capable lawyer he can help you out to get rid of dui charges.

Criminal Defense Attorney

A person who is being charged with a crime has inherent rights and is protected by applicable provisions of the constitution. It is also important to remember that there are legal procedures that must be followed when charging a person for a criminal offense and the general principle is basically from state to state.

Your proper appreciation of the legal options and the protection of your constitutional rights are the primary concern of a Cincinnati criminal defense attorney. When facing a situation as serious as a criminal case, it is essential that you know when it is time to get the services of a Cincinnati criminal defense lawyer.

One can face a criminal case even before an arrest is implemented. Under this particular scenario, a magistrate or judge authorizes the arrest of a person being charged with a criminal offense with the issuance of an arrest warrant. Police authorities will implement the arrest warrant by locating the person being charged with the offense.

The procedure for the implementation of the arrest warrant requires that the person being arrested is furnished with a copy of the arrest order. It is important to understand that the authorities are not required to have a copy of the arrest warrant in order to implement the order. However, they are required to furnish him a copy of the order for his arrest within a reasonable period of time lest they be penalized for illegal arrest. At this juncture, the person who is subject of the arrest warrant should seek the advice of a Ruston criminal defense attorney.

Once the person is arrested, he undergoes the booking procedure. This involves the documentation process where the fingerprinting and other procedural requirements are done by police authorities. The arrested person is given the chance to talk to his attorney while the booking procedure is being done. While the person is in police custody, he is allowed to talk to a domestic violence lawyer. The arrested person will remain in the custody of the police until the court hearing is arranged and such court hearing must be done within 48 hours from the time the person is arrested. It is very important for the arrested person to have the opportunity of talking to his attorney especially before the court hearing is done.

The person being charged with the criminal offense will be asked by the judge to enter a plea after being presented with the specific charges filed against him in court. The plea can either be guilty, no contest or not guilty. If the defendant chooses not to enter any plea, the court, through the judge shall enter a not guilty plea in his behalf.

Notwithstanding the circumstances of the charged person, he may choose to enter a not guilty plea especially when he thinks that the evidence against him would not be sufficient enough to prove his guilt beyond reasonable doubt. In which case, the court will proceed to hear the case in order to establish whether the person can be convicted or acquitted of the crime that he is being charged with.

A Criminal Defense Attorney Because of a Parking Space?

After a jury could not reach a verdict last year in the criminal trial of Oscar Fuller, an electrician from Queens, a mistrial was declared. Fuller faced a criminal charge of felony assault for punching 4’11” Lana Rosas when the two got into an altercation over a parking space in the city. Fuller faced a new trial this past week and was acquitted of the felony charge, but convicted on the lesser criminal charge of misdemeanor assault. The sentencing phase of his trial will take place in June. Prosecutors have said that they will seek jail time for the defendant. The maximum sentence would be one year.

Fuller’s criminal defense attorney doubts that such a sentence will be forthcoming given that the first jury could not agree that Fuller was guilty of any criminal activity and that this second jury could not convict Fuller on the more serious criminal charge of misdemeanor assault. The criminal defense attorney is hopeful that Fuller will not see any jail time at all.

Jurors from the first trial had indicated to reporters that the petite Rosas was initially at fault by trying to stand in a parking spot to hold it for a friend. However, many of the initial jurors did believe that Fuller intended to cause injury when he delivered the blow. But since not all jurors agreed, a mistrial was declared.

In the second trial, the District Attorney still tried to pursue a second-degree assault conviction. Such a serious criminal conviction would have required the prosecution to prove that the Queens electrician meant to injure the woman in such a way as to disfigure her or cause long-standing pain at the very moment he punched her. The approach of Fuller’s criminal defense attorney in the second trial was the same as it had been in the first: to argue that there was no way that Fuller or anyone else could have known that a single punch would lead to the injuries sustained by Rosas. According to the Queens criminal defense attorney, Fuller never denied punching the woman, but always maintained that he never intended the seriousness that occurred.

Regardless of the origins, any criminal charge can have serious consequences if you are convicted. That is why anyone who faces criminal charges in the Queens area needs the same kind of legal assistance from an experienced Queens criminal defense attorney as Oscar Fuller had. Your Naples gun charge lawyer will work tirelessly to obtain the best possible outcome for your case and to ensure that your rights are protected throughout the process as well.

Improper Credibility Bolstering Testimony, Video Clip Evidence Wipe Out Sexual Misconduct Conviction

A sexual misconduct conviction was thrown out by the 2d District Court of Appeal recently because the accused man did not receive a fair trial. The man’s appellate counsel argued successfully that the trial court should not have allowed a police officer and the alleged victim’s teacher to testify about the girl’s credibility, and it should not have allowed the prosecution to play a movie clip that would tend to create improper prejudice in the minds of the jurors. To understand this type of case and get legal advise, don’t delay to talk with a Sex offender lawyer in Orlando.

Henry Keith Cavaliere was on trial for sexual misconduct with an underage girl. The alleged crime came to light when the girl disclosed the molestation to a friend after the two watched a movie about an online sexual predator. The girl subsequently told her teacher about the contact, and later a police officer interviewed her about the incident.

At trial, the state called both the teacher and the officer to testify about their interactions with the girl. The police detective testified that he was trained in kinesics, which is the interpretation of body movements, facial gestures, and other nonverbal behavior. The detective testified that, based upon his dealings with the girl and his training in kinesics, the girl was being truthful when she told her story regarding the sexual misconduct. The girl’s teacher’s testimony about the girl’s behavior also tended to bolster the girl’s credibility.

At trial, the state also showed a clip lasting several minutes in length of the movie the girl had watched with her friend. In the segment that the jury viewed, a girl encountered an older man via the internet. The man made sexual advances toward the girl and, although not shown in the clip, the clip’s context clearly appeared to portray that the man had non-consensual sexual contact with the girl.

Cavaliere was convicted, but the 2d District Court of Appeal ruled in his favor on appeal. Cavaliere’s trial suffered from several fatal flaws. First, the trial court allowed the state to bolster the alleged victim’s testimony improperly. In cases such as Cavaliere’s, when the outcome turns largely upon the jury’s assessment of whether or not the alleged victim was telling the truth, the sort of bolstering that the teacher’s and detective’s testimony constituted was improperly admitted and that error was sufficiently harmful to require that Cavaliere receive a new trial. The court explained that part of the jury’s task was deciding the credibility of witnesses. When the teacher and police officer vouched for the girl’s truthfulness, that task was taken away from the jury.

Although the admission of the improper bolstering testimony alone would have been enough to throw out the conviction and order a new trial, the appeals court also discussed the movie clip evidence. While the movie clip was relevant, since the movie was the spark for the girl’s coming forward, introducing the clip was unnecessary, since the state could have simply obtained testimony from the girl that she watched the film and that it inspired her to speak up. Since the clip depicted a “dissimilar predatory sexual battery” of a young girl, in order to prove a non-central aspect of the case, its probative value was very low and the chances of improperly prejudicing the jury were very high, and the trial court should not have allowed it into evidence.

Jurors are human, and sometimes their emotions can be stoked by the evidence presented to them. That’s why the law bars evidence more likely to prejudice the jury than to establish something of probative value in the case. The difference between conviction and acquittal can often be whether or not your trial consists only of proper evidence against you.

Supreme Court Rejects Police’s Mining Suspected Drug Dealer’s Cell Phone Location Information Without a Warrant

On the heels of this summer’s landmark privacy ruling in Riley v. California, the Florida Supreme Court issued an important ruling last month that strikes a blow not just for the accused but for the privacy of all Floridians. The court’s decision threw out certain cell-phone evidence against an accused drug dealer because the law enforcement officers did not have a warrant when they seized the information. Many legal authorities have hailed the ruling as an important step in the right direction regarding digital privacy.

Shawn Alvin Tracey was suspected of trafficking drugs after a confidential informant stated that Tracey had obtained a large quantity of cocaine in Broward County that he intended to sell in southwest Florida. Officers secured an order that permitted them to obtain a record of Tracey’s incoming and outgoing calls from his cell service provider. Without obtaining an additional warrant, the officers used the real-time site location information, which was also disclosed by the cell service provider, to track Tracey. Using this information, officers were able to modify their target search location and eventually arrested Tracey in an SUV in Broward County.

At trial, Tracey moved to suppress the evidence that the officers had found in the SUV, including a kilogram of cocaine and $23,000 in cash, arguing that it was the result of the illegal seizure of his cell phone location information. The trial court rejected that request, and Tracey was convicted. The 4th District Court of Appeal upheld that decision and Tracey’s conviction.

The Florida Supreme Court, however, came down differently. The majority of the court expressly rejected the argument, made in some cases, that a cell phone user implicitly consents to law enforcement’s seizing his or her wireless location information solely because users know or should be aware that cell phones give off location signals that the provider uses to route calls and that certain phone apps use in order to function. Just because the user permits an app to use his or her location does not mean that he or she is consenting to the use of his or her location information for any and all purposes.

The court also rejected the argument that users can choose to maintain their privacy by powering off their phones. “Requiring a cell phone user to turn off the cell phone just to assure privacy from governmental intrusion … places an unreasonable burden on the user,” given how necessary the devices have become for the lives of many. In fact, it was the ubiquitousness of modern cell phones that led the court to point out another problem with allowing such warrantless searches and seizures to stand. Since “cell phones are indispensable to so many people and are normally carried on one’s person, cell phone tracking can easily invade the right to privacy in one’s home or other private areas, a matter that … is clearly a Fourth Amendment violation,” the court pointed out.

In sum, allowing such a warrantless seizure as the police performed in Tracey’s case would open the door to many potential risks and harms with regard to the Constitution’s privacy protections, while on the other hand “it is not an insurmountable task for the government to obtain a warrant based on probable cause when such tracking is truly justified.”

Police use many creative and novel techniques to pursue suspects. Some of these methods are constitutional, but other times they cross the line. If you or a loved one has been accused of a crime. Our experienced and aggressive attorneys will work diligently to make sure that you get a fair trial by facing only the evidence the police secured by legal means.

Pasco County, FL: Refuse to Prosecute

A fact the average citizen doesn’t know is that ALOT of crime victims do not want to prosecute. This includes all kinds of crimes, not just domestic violence.

A little known fact of most crime victims, is that the State Attorney can prosecute whether or not the victim wants to prosecute. Although the State Attorney considers the victim’s wishes, the State Attorney ultimately makes the final call on what gets prosecuted or not. And if they have enough other evidence without the victim’s statement, they WILL prosecute.

There is an after hours club on US 19 in New Port Richey called Club Inferno where a man was shot last weekend at 4AM. (See Tampa Bay Times article of October 31, 2012) Not surprising to me, the man does not wish to prosecute and is not cooperating with the investigation. Why not? There could be any number of reasons, and not knowing him, I don’t know his exact reasons – however – here are a few of the most common reasons  why victims don’t want to prosecute:

  1. Never, ever, ever talk to the police – they can’t be trusted.
  2. Never snitch – It’s a code of life for many people which seems to have been forgotten once they get into the Pasco County Jail.
  3. Karma: What comes around goes around. Whoever shot him is bound to end up the victim of a shooting, or worse, later in life.

So what happens to the guy who shot him if the victim refuses to prosecute? Someone else who was there and saw what happened will tell – not because it’s the right thing to do, but because they need a way out of their own crimes. Police cooperation, like becoming an informant, is the easiest way out of a crime. For assisting the police, they will get a lighter sentence. And the Pasco County Sheriff’s Office will find the shooter, arrest him and then waste everyone’s time and tax dollars trying to prosecute him. All this when the victim doesn’t care and anyone in a club like that at 4 AM doesn’t either. Also if you need any advocacy about tax, is here to help.

Early Termination of Probation Tampa Florida

Let’s face it, Felony Probation is tough. From the stories I hear, I’m not sure even I could make it. Sex offender probation is even tougher. No contact with children, curfew, limitations on driving, places you can be, computer use, and random checks by probation officers.

Therefore, if you have made it halfway through  you probation, you might be eligible for early termination. Unless, as part of your plea, the State Attorney, judge, and you, agreed to no early termination.

In the infamous case of Debra LaFave, the Tampa school teacher who admitted to having sex with a 14 year old boy, the agreement was no early termination. But a recently retired Tampa Circuit Court Judge, ignored the agreement and let her off probation early. The State appealed his decision and the 2nd DCA agreed. The DCA said the judge’s ruling was an abuse of discretion by the trial judge and overturned his ruling – thus reinstating her probation. Not surprisingly, her attorney has asked for a rehearing, which effectively stays the DCA ruling until the rehearing. So as of today, she’s not on probation but could be again if the DCA continues to rule against her.

If you think you’re eligible for early termination of probation- call us. RGSG Law will give you our honest opinion as to your chances – for free.

Florida Sealing/Expunging Criminal Records

If I had a dollar for every call I’ve gotten over the years for people who want to cover their criminal tracks, I’d be rich. Unfortunately, it’s not as easy as it seems to seal or expunge your Florida criminal records. First of all, there’s a difference between sealing and expunging.

Sealing merely means that the record becomes confidential and cannot be disclosed to the public. It’s still physically there as are the fingerprints.

Expunging means that the file is physically obliterated and destroyed and can not be disclosed to the public.

In either case, if you apply for admission to the Florida Bar, Department of Children and Families, for a firearm permit, or certain other professions, even if your record has been sealed or expunged, you still must admit to it.

However, in most professions, you do not have to answer the question which asks about your prior criminal record with a yes. Which is what most people want and the reason they hire lawyers to have their records expunged or sealed.

Additionally, if you are ever again prosecuted for a crime, and someone asks you about your prior criminal history you must admit to it.