What If I Want To Change My Criminal Law Attorney?
What If I Want To Change My Criminal Law Attorney?
Because the stakes are so high when going to court, few relationships are stronger than the ones between a person who has been charged with a crime and their attorney. The fact that your freedom may be on the line not only when faced with a criminal charge but also because various penalties including long-term ramifications and financial. Having a strong and trusting relationship with your attorney will make the resolution of your case that much more important to your attorney. Not only is an open and honest relationship crucial from the beginning but also throughout the process so that a favorable resolution to your case is more likely.
What are your options if you are not happy with your present attorney?
Emails that are not returned, calls ignored; these are some of the signs that your lawyer is not giving you the best possible representation in advocating for your rights. Many times clients are never informed about the status of their case, what the next steps are and are virtually left in the dark. This makes dealing with criminal cases more difficult and if worse comes to worse, it is sometimes best to cut your loses and find a better lawyer. The one thing that you should remember is that you are always free to fire your lawyer because a lawyer’s job is to give the client the best representation possible from the beginning to the end and if a client feels like he or she is not getting the best representation, they always have the option to find an attorney who can.
There are certain ways that you must handle issues like this to ensure that your defense is not put into jeopardy. Normally, if a case is fairly new, the risk of problems stemming from changing lawyers is less of a risk. As an example, if you wait until the eve of trial to get a new lawyer, the new lawyer may find it difficult to mount a strong defense in time and the result may be unfavorable. It is in your best interest to voice any dissatisfaction with your attorney as soon as possible so that your new attorney has plenty of time to prepare before court.
How do I go about changing lawyers?
It is fairly easy to get a new attorney by just visiting with another lawyer and explaining your case. When you find an attorney you like, he will only need to prepare a “Substitution of Attorney” form then, your new lawyer will collect all the case information and file the form with the court.…
Criminal Law; Bernie Madoff Sentence Sends a Signal to Wall Street
Criminal Law; Bernie Madoff Sentence Sends a Signal to Wall Street
The grandmaster of all Ponzi schemes was sentenced to 150 years and the court did not go easy on him; no leniency was given. The judge stated that these were such “evil acts” that no mercy could be given by the court. The newspapers and news media said that; “This sentence sent a message to Wall Street to shaping up.”
Almost as if Bernie Madoff was being made in example of, an example of what? This is the largest Ponzi scheme ever in the history of the world. This is not what Wall Street does for a living, without Wall Street we would never have had the economic powerhouse nation that we have today.
Bernie Madoff’s lawyers recommended only a 12-year sentence because that was his life expectancy, the judge said “no” and gave him 150 years. Many would say this is justice, but no amount of time can give people back the lives that were stolen from them along with all their money, so it’s hard to say if justice was actually served or if this really sends a message to anybody.
Further, this is a very rare case, and one can only doubt if it will change anything on Wall Street. It will not change the compensation or bonuses that have aggravated so many citizens. It will not change the next financial bubble from bursting, or keep us from financial gurus inflating it.
Other than the fact that Bernie Madoff will never be able to get out of prison, and will die there, and leave only upon death in a wooden box, it is hard to say if this sent any signal to the financial world; what will and will not be tolerated. Everyone on Wall Street and in New York already knows that Ponzi schemes are illegal, they have been forever and always will be.
Although this harsh sentence that made headlines, I doubt very much if it proved anything or made any of the victims anymore satisfied. And I do not think the judge deserves much credit for the sentence, or kudos from the media. Please consider all of us.…
Criminal Law and Mercy Life Termination Considered
Criminal Law and Mercy Life Termination Considered
Recently, in our local newspaper there was an 86-year old man who had been taking care of his wife for 5-years in a nursing home. To save what little money he had he went three times per day to visit and feed her, even though she could barely move or even remember his name. The old man was running out of money and he could no longer afford to support his wife, and he had sold his home and moved into a very small apartment, he was almost completely broke.
He loved his wife, or so his friends told the police. After feeding his wife lunch one afternoon, the old man pulled out a gun and shot his wife one time in the head. He did not leave the scene, he just stay there and held her hand. When the police came to take him away he didn’t resist and he was crying. His daughter told a newspaper that it was a mercy killing, and that he cared more about his wife than anything else in the world.
Now then, as a society what are we to do about something like this. It is against the law to kill someone obviously, and Mercy killings are not allowed in the United States. And no one can commit to assisted suicide when they have very-late stage Alzheimer’s. There was not a thing that could be done to help the woman with modern medicine. There may be someday, but not today, not yet. And the husband could no longer afford to care for her. Sometimes criminal law, ethics, and highly debated social topics enter the fray of what we as a society feel is fair.
When students study criminal law, they need to be cognizant of the reality of the real world. Obviously this was a crime, it was a murder by legal definitions, and it was obviously premeditated, so should we put the old man in jail for the rest of his life? You be the judge, and I hope you will please consider all this.…
Help for Law Students: Common Law and Modern Law Distinctions
Help for Law Students: Common Law and Modern Law Distinctions
A common question from law students is whether they should discuss both common law and modern law on law school exam essays. My answer to that question is YES! Discuss both on law school exam and bar exam essays when there is a distinction between the rules.
For instance, when discussing burglary on a criminal law essay, state the common law rule. Note: make sure you memorize the rule for burglary. If you’ve memorized the rule, stating the rule should automatically trigger your memory of the distinctions. After you state the common law rule for burglary, mention the distinctions under modern law, i.e., it is no longer required that a defendant enter the dwelling of another, or that he enter at nighttime. A defendant may be held guilty of burglary if he enters any building with the intent to commit a crime, regardless of the time of day he enters.
Also, when discussing rape on a law school or bar exam essay, be sure to state the common law rule. Remember: memorize the rule for rape. Memorizing the rule will allow you to better analyze the question and should trigger your memory of the distinctions. After you state the common law rule for rape, briefly mention the distinctions under modern law, i.e., at common law a man could not be held guilty of rape if he engaged in sexual intercourse with his wife. However, under modern law, a man may be held guilty of rape if he engages in sexual intercourse with his wife without her consent.
Again, keep your discussion brief. The point is to show bar exam graders and your professors that you are aware of the distinctions.…
How A Criminal Lawyer Can Help You In Your Case
How A Criminal Lawyer Can Help You In Your Case
Sometimes people’s lives can be turned upside down with an unexpected arrest or finding out they have a warrant for their arrest. Often, the person knows that they are not guilty and their first instinct would be to start talking in attempt to convince the law enforcement officer that there is a misunderstanding. In these cases, a good criminal lawyer may be the difference between an outcome of innocence and guilt.
When arrested, it is your right to have your Miranda Rights read to you. Be sure to recognize your rights and understand them clearly before saying you do. You will need to remember that you have a right to one phone call and a lawyer if you cannot afford to have one. Speak when spoken to, but only state that you want to speak to an attorney.
During the process called the arraignment, the formal charges you are facing will be stated to you. The attorney is responsible for making sure that everything is taken care of, and it is best here to be seen and not heard. Understand how your lawyer will be handling the situation before going into the courtroom. Judges frown on unnecessary interruptions during sessions.
When you plead not guilty, then the real defense process begins. This involves the gathering of evidence on both sides of the courtroom. Statements, witnesses, photographs, and many other things are collected to prove your innocence. The jurisdiction of the judge and jury will be assigned and your case will then proceed accordingly.
You have the right to a judgment by your peers, in other words, twelve persons of your local community that will determine your being innocent or guilty. Your representative in court will ask questions that will determine whether or not a witness is indeed being truthful or not. Persons who have taken an oath to be on the stand will need to remember that they are there as a witness, not because they are your friends or enemies.
The trial time and date will be issued during the arraignment. If you are unable to attend the court date due to health conditions, the judge may make arrangements for a web video feed for your presence. There are situations where the court cases have been brought to the defendant. They are similar to the idea of closed circuit television.
The last day of the court session is when the verdict is read. Persons found guilty will be issued a sentence. It is your lawyer’s job to ensure that your case has been presented thoroughly and that reasonable doubt has been raised. The jury will deliberate and then once a unanimous decision is reached a verdict will be issued.
When you are charged with a criminal offense there will be a lot of uncertainty and anxiety surrounding your situation. You will be faced with the potential of incarceration, and this is very unsettling to most people. When you are prosecuted for a crime, it is always recommended to have a reputable criminal lawyer to represent you and ensure that your rights are protected.…
Be on Your Best Behavior When Pulled Over by Police
Be on Your Best Behavior When Pulled Over by Police
DUI (driving under the influence) is against the law and often has tragic consequences. Nobody should drive impaired, not for any reason. There are many reasons why people drive intoxicated, none of them good, but when you are arrested for DUI you can lose your license and even your livelihood. It’s important to know what to do in case you are pulled over for suspicion of DUI.
First, when you see those red and blue lights in your mirror, use your turn signal to indicate your intention to pull over. Using your signal will let the officer know that you are alert and cooperative. It may even put doubt in his or her mind that you might be impaired. They will be looking for behavior which indicates impairment such as an untucked shirt or bare feet will heighten their suspicions.
When you come to a stop, have your license and registration ready, your window rolled down and your hands visible. Most officers appreciate your having your hands atop the wheel holding your license and registration. This establishes that you are cooperative and considerate of their safety. Don’t douse your mouth with breath spray or mints; they don’t fool anyone and can contribute to establishing your “consciousness of guilt”.
Did you know that you can refuse a field sobriety test? You can legally refuse to submit to any field test such as a coordination evaluation or a breathalyzer. If you do not submit to the field sobriety test you’re denying the prosecution some proof that you’re guilty of DUI. You are also not obligated to answer any questions and indeed, you can incriminate yourself if you admit you have had a couple of drinks. Admission of drinking gives the officer probably cause to arrest you. Some states allow the officer to arrest you even if you are below the legal limit.
If you do choose to take the field sobriety test, be sure you inform the officer of any physical condition that could affect your balance. An inner ear infection or condition or tinnitus could affect the way you walk. An old injury might choose that moment to throw you off balance, or arthritis in your feet or knees could make you stumble. If you have a condition that causes tremors or shaking tell the officer about that, too.
Your rights vary from state to state but most don’t let you have your attorney present when you’re tested. As stated before, these tests are voluntary but the officer won’t tell you that. If they ask you to take the field sobriety test, they are likely planning to arrest you anyway. Be on your best behavior and treat them respectfully.
As soon as you can, retain an attorney that specializes in DUI cases so that your rights are protected and you aren’t unjustly accused. If you are guilty, an attorney will do his or her best to see that you are treated fairly and get the lightest penalty possible.…
Knowing Your Legal Rights About DUI Before You Are Pulled Over Doesn’t Make You a Criminal
Knowing Your Legal Rights About DUI Before You Are Pulled Over Doesn’t Make You a Criminal
Before I begin this article, I must admit, I am a little biased. I am a Seattle DUI attorney and Bellevue DUI attorney, and I deal with people every day that fail to appropriately exercise their rights. And not only does it make my job harder, but it makes the likelihood of beating a DUI charge much smaller. And knowing what to do does not make you a criminal, it makes you an informed citizen. The purpose of this article isn’t necessarily to teach you how to get out of a DUI. It isn’t that easy. But what I do want to do is let you know that it is okay to know your rights and exercise those rights when you need to.
Being stopped by the police for any reason is usually a scary proposition. I am a criminal defense attorney, and if I am ever pulled over by the police, even for speeding, I must admit a shot of adrenaline goes through my body. This is because we know powerful police officers are. Not necessarily physically, but by the sheer fact of having a badge to wield. And that means at any given time we know in the back of our minds that police officers can give us a lot of trouble if they want to.
But it doesn’t have to be that way. You can stand up for yourself in the face of police interrogation and intimidation tactics. And it doesn’t take a strong voice. It doesn’t take a law professor’s knowledge of constitutional law. All it takes is memorizing a couple of hard and fast rules. And if it makes you feel any better, knowing these rules doesn’t have to be so you can get out of criminal charges. It is bigger than that. This knowledge levels the playing field against the police officer. It forces them to do real investigation, find real facts, and draw real conclusions, without the benefit of your twisted words. These rights are yours as a United States citizen, and you should exercise them every chance you get.
But, make no mistake, the police officers are not going to let you off easy with making this decision. They are not used to people knowing the proper way to deal with them (which does not include arguing or talking your way out of a jam), knowing the weak links in their armor. And they will try to fight you (mentally) tooth and nail to prevent you from attacking those weaknesses. Let me give you the primary example of how this works.
Let’s say you are driving home after happy hour in Bellevue. A police officer pulls you over, and you have no idea why. When he gets up to the car he asks for your license and registration, which you give him. Then he says he smells alcohol on your breath and asks if you’ve had anything to drink tonight. You tell him you attorney told you not to answer that question. And you remain silent. And then he lays it on you – the classic comeback – “If you aren’t guilty of anything you should have no reason not to talk to me.”
What you do after that will dictate the rest of your night with this officer. If you start talking, you are on your way to trouble. If you don’t respond to his barb at your ego, then you may be in for a tough night (they don’t like it when you exercise your rights) and you may be arrested for Bellevue DUI, but you will have the upper hand from that point on. And it does not make you a criminal to exercise your rights. George Washington founded this country by exercising his rights against the government. It is the cornerstone of this formation of this country.
Don’t be afraid to find out about your rights, and don’t be afraid to exercise them. The police won’t be happy you did so, but we aren’t really trying to please them, are we?…