Benefits of Hiring a Board Certified Criminal Lawyer
Benefits of Hiring a Board Certified Criminal Lawyer
Why should you choose to work with a Board Certified attorney? Board Certification is a mark of excellence and a distinguishing accomplishment that sets an attorney apart from his or her peers. Within the legal community in Texas, an attorney who is Board Certified is known for having substantial experience in a select field of the law, as well as demonstrated, proven and special competence in that area.
When attorneys choose to go through the process of Board Certification, they must have already been in practice for five years with a minimum of three years’ experience in the specialty area of law. The Board Certification process is rigorous and extremely thorough. Attorneys must also furnish at least 10 qualified, vetted references and provide extensive and relevant experience and documentation. Additionally, an attorney must also pass a comprehensive specialty area examination that lasts an entire day.
Many people do not realize that Board Certification is not only a one-time event. Rather, it requires ongoing involvement in the specialty area and periodic references from peers in that field of law as well. It also requires continuing legal education course work and annual professional refreshment in order to keep up with current changes and trends in the legal world.
There are 21 select areas of law in which an attorney can become Board Certified, including civil trial, bankruptcy, criminal, immigration, tax, real estate, family, criminal appellate, estate planning and more. The Texas Board of Legal Specialization (TBLS) is the only organization in Texas authorized to provide the certification service, and the TBLS operates under the continuing jurisdiction of the Supreme Court of Texas. Paralegals can also receive certification by completing a process that closely parallels the attorney certification process. More than 300 paralegals in Texas have distinguished themselves with board certification so far.
In 2012, the TBLS created a new certification for the specialty area of law involving criminal appeals, and 84 Board Certified attorneys were recently welcomed as the first group of specialists in Criminal Appellate law. This certification is available for Texas attorneys who have handled a sufficient number of post-conviction writs and appeals in criminal cases, and the other requirements are similar to those in other specialty areas. To learn why you should consider hiring a Board Certified attorney if you have been accused of a crime, call a Board-Certified Houston criminal defense lawyer at The Law Offices of Ned Barnett today.…
Three Primary Reasons To Hire A DUI Defense Attorney
Three Primary Reasons To Hire A DUI Defense Attorney
Driving under the influence (most commonly known as DUI) is the act of driving a vehicle after the consumption of drugs or alcohol above the legal limit. To make sure whether a driver is actually under the influence of alcohol, policemen use a device to check the breath of the person driving the vehicle. This process is known as the breathalyzer test.
Sometimes the decision whether to take the breathalyzer test or not can be a tough ask. In order to deal with such cases (like drunken driving) the services of a DUI attorney is very much needed. There are three primary reasons why you should hire a good DUI defense lawyer. Here are the three points:
* Valuable in the long run: People often think twice before hiring a good DUI defense lawyer, simply because they are very costly. This complaint is quite high amongst numerous US citizens, including those residing in Denver, Applewood, and the surrounding areas. Many even think that getting a cheap lawyer to take up a case would not be a bad idea mainly because all the DUI defense attorneys are the same. A good lawyer would be able to get your jail term, fines or other charges cancelled. In other words a good DUI defense attorney will be quite beneficial in the long run.
1. Numerous errors during the arrest: It may be possible that numerous errors happened while you were getting arrested which may strengthen your case. A good DUI defense lawyer will be able to work with these mistakes and if possible exploit them. It may also be possible that the result of the test that you were made to take was not accurate. Most of the time the moment a police officer gets out of his car his dashboard camera gets activated. A good lawyer will be able to obtain these videos and if possible, counter the charges against you. Experienced defense attorneys will know how to question the evidences which are presented against you in court and also present witnesses to challenge the authenticity of the charges.
2. Experience counts: The more cases which a DUI defense attorney works upon, the more experience he gains. An experienced lawyer has a better chance of rescuing you from a horrible situation. Denver also falls in the category of those places in US where a good number of experienced and reputed defense lawyers are available.…
The Different Levels Of Petit Theft Shoplifting
The Different Levels Of Petit Theft Shoplifting
Shoplifting, also known as petit theft shoplifting, is defined as the crime of taking goods without any intention of paying for them. For years, this crime has gone without much prosecution, unless the items stolen were worth a significant amount of money. In recent years, however, with the economy in such turmoil, business owners have developed a new attitude towards theft, and want to make a lesson to the thieves whenever they can.
Why Has It Become So Serious?
With the economy not being what it should be and so many people out of work, the number of petit theft shoplifting crimes is skyrocketing. Add that to the fact that a lot of businesses are also suffering in terms of the economy, and it becomes no surprise that many owners are now more willing to prosecute for petty theft than they ever had been in the past. Even though, statistically, more incidents of shoplifting is being done by their own employees than by outsiders, business owners are trying to teach those that would steal a serious lesson, in hopes of deterring more crimes from occurring.
Misdemeanor Petty Theft
Shoplifting is considered to be a crime of opportunity, one borne out of economic need more than any other reason. Under criminal law, if the dollar value of an item taken in this fashion is less than $400, it is considered to be a misdemeanor, and can still be prosecuted. If found guilty, the person committing it could face up to six months in jail and levied fines for as much as $50 to upwards of a thousand, a serious punishment if the item stolen was, say, a three dollar package of baloney.
Grand Theft
Shoplifting can be easily escalated in the seriousness of the charge is the dollar value of the item stolen is more than $400. They can then be charged with grand theft, as a misdemeanor or a felony, depending on the circumstances, and the past criminal history of a defendant. In states that still carry the third strike law, this can easily turn very serious if the person charged has a history of such theft. This would mean that they are facing at minimum a year in jail, or more, in addition to fines that could be levied as well.
Infractions
Infractions concerning petit theft shoplifting occur when the dollar amount is less than $250, if the prosecution decides to go with that charge. This is usually applied only to items worth less than $50 and is judged on a case by case basis. Infractions carry fewer fines and the person charged might be able to get off with probation, again depending upon any past criminal history. For all of these charges, the best defense is a good lawyer, one who is adept at creating plausible defenses against the prosecution’s theory of intent.…
Common Driving Offences and Penalties
Common Driving Offences and Penalties
Driving offences have become very common these days. Every day, a person is caught accused of such offence. Penalties for such an offence can be severe.
Any person convicted for driving offence can face heavy penalties depending on the ruthlessness of the offence. In case he or she is a repeat offender, penalties can be much harsher. Some of the common penalties are monetary fines, disqualification from driving for life and in the most severe cases, imprisonment.
There are different types of driving offences. Some of the common ones are:
Speeding
Speeding is one of the common driving offences committed by drivers these days. Any person charged with speeding receives an immediate Fixed Penalty Notice by the Officer at the time of the offence. In case the motorist is either 50% or 30 mph+ above the limit, an immediate prohibition can be forced. Attending a speed awareness course is regarded as one of the best ways to resolve speeding allegations.
Careless driving
Driving without proper care and concentration is termed as careless driving. Maximum penalty for careless driving includes an instant driving ban.
Impaired driving
Drink driving has become one of the most serious offences these days. Driving under the influence of alcohol can have bad consequences on both driver and persons walking on the road as well. Individuals caught in such cases are required to give a breath test on the demand of police. If a police officer thinks that he or she has exceeded the limit, heavy penalties are imposed. For first offence, accused individuals gets 12 month mandatory disqualification, 3 years disqualification for second offence and fine of up to A�5,000.00 and 6 months imprisonment for third offence.
Individuals accused of any of such cases need support of a criminal defence attorney for a legal representation in the court of law. There are many lawyers helping accused individuals in this regard. One only needs to be careful before selecting one.
These are some of the common types of theft cases. Persons involved in these cases require support of a criminal defence lawyer for handling the case. In all these cases, accused individuals need to hire a criminal defence attorney for a high quality representation in the court of law. There are many criminal lawyers who are helping individuals in this regard. Fighting a criminal case like drug abuse is no cake walk and one needs to hire the service of only quality and highly experienced legal advisors and lawyers. A professional Criminal defence lawyer with years of experience and expertise in fighting criminal defence cases needs to be hired.…
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.…