Matthews Bark | ” 3 Things You Can Do to Help Your Criminal Defense Lawyer”

Source       :   dvpledge.ca
Category   :   Matthews Bark
By                 :   Donna V. Pledge
Posted By  :  Contact the Attorney General

When you are charged with a criminal offense, your criminal defense lawyer is the only person who can keep you out of jail. If you are innocent, she can have your case dismissed or get you an acquittal. If you do have to take your case to trial, then a good criminal defense lawyer can negotiate a reduced sentence for you. But she cannot do it without your help.  You must do everything possible to help her win the case.
Criminal Defense Attorney
There are several ways you can help your lawyer with your case. Here are a few things you can do to help your lawyer:

1.    Don’t talk to the police without your lawyer: When you are arrested, the first thing the police want to do is get a confession from you. So, do not talk or admit guilt without your lawyer. It is within your rights to request counsel from your lawyer.
2.    Do not talk to anyone apart from your lawyer: During the lawsuit and even after incarceration, do not talk to anyone who is not your lawyer regarding the case or about anything that is related to it. The term ‘no one’ includes your wife, children, father, mother, brothers, sisters, relatives and friends. Whatever you say to them, even accidentally, may be repeated in the court of law against you. The only person you should talk to is your lawyer because whatever you tell her is confidential.
3.   Tell your lawyer the whole truth: Telling the complete truth about your situation is essential so your criminal defense lawyer can defend you in the best way possible. Anything you tell your lawyer will not be used against you in the court without your permission. And she will repeat it only in your defense. But this is not the only reason you should tell your lawyer the whole truth. She needs to know every detail so that she can build a good and credible defense. If she is kept in the dark, she won’t have the confidence to fight your case.
Too often, clients fail to help their lawyer for one reason or another and then blame the lawyer when they are convicted. Remember, your lawyer is your representative and she is fighting for a successful outcome. Therefore, you should help her in whatever way you can. Donna V. Pledge is one of the best criminal lawyers in Toronto. Trust us to work hard and offer the best possible defense in Ontario.

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Matthews Bark | “Benefits of Being Represented By a Qualified Attorney”

Source       :   http://enirdelm2012.org
Category   :   Matthews Bark
By                 :   Enirdelm
Posted By  :  Contact the Attorney General

When you discover yourself being attempted for a crime or accusing someone else of a criminal activity, self-representation is typically an option.
criminal defense attorney
Many individuals do choose an attorney.

However, some of the most persistent people in culture will certainly determine that they are going to do it for themselves.

Just what are the significant explanations why you should have an attorney represent you rather?

Versatile Repayments

One explanation why individuals state that they are not going to use a lawyer is since of the high fees included with doing so.

Well, one choice is to find a lawyer eager to take on a case pro-bono, which indicates free of cost of fee.

Lawyers ready to do this might be recent graduates who desire to find their very first job, or they may be people who feel passionate about a specific source.

In such a circumstance, no reason really exists.

Of course, it can easily sometimes be difficult to locate a lawyer free of cost, specifically one with whom you feel comfortable.

If that holds true, ask the lawyer if there is any type of method to set up a payment plan on the occasion that you do not win a sum of money in court.

Smaller payments separated with the months are usually simpler than one lump sum.

Understanding Legal Jargon

Throughout the courtroom procedures, a great deal of legal terms are going to be tossed out there.

Sure, you could possibly look them up in a dictionary.

Nonetheless, doing so will just supply you with the definition of the words and terms; it will not always describe the implications of those terms.

With an attorney present, you require not worry about such concerns.

A relied on and educated lawyer will certainly understand exactly what the judge and other people involved in the proceedings are saying.

In addition, you do not desire any sort of legal terms or devices to be made use of to get details from you.

Attorneys are, as their job calls for, efficient arguing.

However, how many times have you heard lawyers state “Objection!” on well known television shows and in flicks.

If you are representing yourself, it’s extremely unlikely that you’ll know when it’s suitable to use this word.

In addition, you might end up stating things yourself to the opposing party that have to be constantly withdrawn.

You ‘d be suspending the flow of the trial, and you would be putting off the proceedings as a direct outcome.

“Bankruptcy law, for example, is one of those areas where understanding the legal jargon (or not), could cost you tens of thousands of dollars, if not a lot more” says Stephen Kim, a leading bankruptcy attorney in Salinas CA.

Understanding Concerns and Answers

The goal of the trial, for you, is to win a not guilty judgment and to have no sentence enforced upon you.

As a result, you wish to be sure that you are responding to all of the concerns correctly.

This absolutely does not suggest that you are to commit perjury, which is lying under oath.

Instead, it means that you will certainly be prepared for the types of questions that are going to be thrown at you.

Also if you are entirely innocent, going to trial could be an extremely demanding situation, and you may crack under pressure and not understand what is going on.

Now, let’s picture that you’re sitting on the other side of the court.

You are suing somebody, or someone is being tried for a criminal activity against you.

Do you know the kinds of questions you should be asking? Unless you are trained in the field of law, it’s unlikely that you do.

You could rise there, and wind up asking all of the wrong questions.

As an alternative of the person being found guilty, they will in fact be found not guilty just since you did not know what you must have been asking.

Incriminating Yourself

Throughout the preliminary questioning duration, you are most likely going to be extremely flustered.

Whether you committed the criminal offense or not, you might end up revealing info about yourself that recommends something also worse.

You do not wish to put an also bigger target on your back.

Furthermore, there are certain concerns that should not even be responded to without a lawyer present.

In the United States, you have the right to request the presence of an attorney prior to you respond to any type of questions at all.

As the Miranda Rights go, “You have the right to stay quiet.

When you are in these questioning procedures, the attorney can easily recommend you to not respond to a particular question.

Of course, when you are on trial, the concern could only go unanswered if the lawyer states “argument” and the judge permits for it to be withdrawn.

As discussed earlier, you require the attorney there to a minimum of get you that objection.

A Guiding Light

No matter what side of the trial you are on, this is going to be a demanding scenario.

Trials can easily last for an actually very long time, and it’s feasible that the jury will not return a verdict as soon as possible.

It could take an exceptionally long time for all of the information and evidence to be gathered and for everything to start.

During this procedure, you’re likely going to have a whole lot of concerns and worries.

Instead of just sitting around and burning out every day, or relying on Google for responses to your concerns, you could ask your lawyer.

Of course, your lawyer could not predict the outcome of any type of situation.

However, he or she can guarantee you that as a team, you will certainly interact to get with the problems and difficulties that will develop.

Furthermore, it’s likely that concerns will be asked and terms will be utilized that you do not understand.

You are cost-free to seek advice from the lawyer to discover just what is going on with these terms and words.

Having an attorney will certainly provide you with a guide to assist you with this extremely challenging and stressful time.

Clearly, a number of explanations exist regarding why it’s not a great idea to go it alone in a court. Many factors might destroy your opportunities of winning the instance if you do not have a relied on attorney by your side to lead you through the legal process.

 

 

Matthews Bark | “How to Find Your Perfect Divorce Lawyer”

Source       :   lawdiva.wordpress.com
Category   :   Matthews Bark
By                 :   Georgialee Lang
Posted By  :  Contact the Attorney General

Let’s face it, most of us who commit ourselves into the bond of marriage are reluctant to think about it one day crumbling into a messy divorce, but the truth is, with today’s increasing divorce numbers, the reality is downright dismal ( in the US around 50% of all first marriages end in divorce, about 67% for second marriages and the numbers quickly rise with the number of additional marriages).
Family Law Attorney
So what does this mean in terms of finding an attorney if you are among that fifty percent wanting to dissolve you marriage? Plenty!

Here are a few tips to heed if you find yourself needing someone to help you wade through the murky and unfamiliar waters of divorce.

• Before you file: Really consider the ramifications of filing for divorce. Have you exhausted every avenue before taking the steps for your divorce? Counseling and separation can be important steps to take before you make the final move.

Be very careful about moving about before the divorce, this could potentially be used against you, especially in the case of determining custody for minor children. Run a credit check for yourself, if possible get your finances in the best shape that you can. Divorce is extremely expensive and no matter the verdict, both parties will lose when it comes to finances.

Are you the non-breadwinner? You will need to take care of your personal finances as well as your healthcare, housing, cars and personal effects. A good attorney will inform you of what you should do long before you sign anything. Above all, if you can avoid divorce, then do so. Except in the cases of abuse or criminal behaviors on the part of your spouse, you should give your marriage every effort. Divorce should always be a last resort.

• Arbitration and Mediation versus litigation: The dissolution of a marriage cannot be on the same footing as breaking a business contract, though similar as seen through the eyes of the law, no one can put a price on the cost of someone’s betrayal or the lives of children of divorced parents who will forever grieve the loss of a family unit.

But there are ways to lessen the emotional trauma often association with divorce. If at all possible going through mediation services versus outright litigation will help not only with the overall costs, but will help families make choices over issues that can become quickly contentious if presided over by a non-family member or law enforcement.

Talk with your attorney; chances are if they have experience with family law and especially mediation expertise, this would make a better fit than someone hell-bent on taking on your spouse for every nickel and dime. Consider arbitration as an alternative to a lengthy, drawn-out court battle.

• Your attorney’s personal history: Find out about your attorney. Are they married? Or have they also been through a divorce, child custody battles with their own children or were they able to use their legal acumen to help minimize the trauma inflicted on all parties involved.

Sit down and talk with them about your personal feelings in regards to your spouse’s role, your custody concerns and your future. Do they really seem to be listening, adding thoughtful comments to your concerns or do you feel even more ambivalent after you leave their office?

Other than the death of a family member, going through a divorce is right there when it comes to life-altering experiences and more than ever, you will need someone who you feel confident in, someone who will stand up and defend you and fight for all rights.

Matthews Bark | “How Effective Must Lawyers Be in Family Law Cases?”

Source       :   prawfsblawg.blogs.com
Category   :   Matthews Bark
By                 :   Howard Wasserman
Posted By  :  Contact the Attorney General

At risk of inspiring more “breeder” comments, I wanted to write about a very interesting recent decision from the Vermont Supreme Court  (h/t to mike frisch of legal profession blog). The court was considering an ineffectiveness of counsel claim in a termination of parental rights proceeding. The court found that counsel was not ineffective. The more interesting question, left unanswered but highlighted by the concurrence, is whether ineffectiveness claims should be allowed in termination of parental rights cases at all.
Family-Law-Attorney
The criminal system, and potential incarceration or even execution, are undoubtedly punitive. But so is severing all legal ties to your child, often so that he or she can be adopted by another family, leaving you with no further contact. The tremendous impact of termination proceedings led the Supreme Court to mandate they be decided by clear and convincing evidence.  The disproportionate power between the state and the defendant (parent) is reminiscent of that in the criminal system.  (A number of people have written about the flaws and inequities towards certain types of parents including me in Parsing Parenthood; Marty Guggenheim in a bunch of things including Somebody’s Children; Clare Huntington in Rights Myopia in Child Welfare;  Josh Gupta-Kagan in Filling the Due Process Donut Hole; and I could go on and on). This imbalance means that a zealous advocate can often be essential to prevailing against the might of the state.

Yet most states do not recognize this doctrine in the family law context–why? One significant reason is the ticking clock of the child’s need for a ‘permanent’ family. Federal law requires that termination proceedings be brought in a certain period of time, so that a child may be freed for adoption. (There are significant flaws in this framework, however, as many thousands of children whose parents’ rights are terminated are not adopted, and will never be, leaving them to age out of foster care “legal orphans.”)  In the Vermont case, I don’t think it was a coincidence that the child was very young, under 2 years old I think, and was placed in a loving pre-adoptive home. Reopening the father’s termination proceeding would disrupt that new family, and possibly deter future adoptive parents, who were seeking certainty. As the concurrence there stated: “I stress that I have not yet decided that we should allow ineffective-assistance-of-counsel claims in TPR cases. [and] I am stating my skepticism that there is a way to determine whether the assistance of counsel is ineffective in a timely way that is consistent with the permanency needs of the child .”

I am also on the fence about this one.  Many parents have deficient counsel in termination proceedings, as many defendants do in criminal proceedings, and it is horribly unfair that someone would be forever separated from his child because of this. On the other hand, allowing relitigation of terminations can and will disrupt adoptive or other permanent families for many children.

Matthews Bark | “Why You Need a Criminal Defense Attorney “

Source       :  kurisblog.com
Category   :   Matthews Bark
By                 :   Kuris
Posted By  :  Contact the Attorney General

Being arrested and charged with a crime can be shocking to most people. If you aren’t used to being arrested, the shock may be even greater. There are things that you can do to help you through this difficult time. One of the best things you should consider is to contact a criminal defense attorney in Grand Rapids, MI. Below you will find some information regarding things you should know when finding the right attorney for you.
criminal defense attorney
Why Hire an Attorney?

There are many reasons why hiring an attorney might be the best choice for you. Unless you are very familiar with the legal field, and feel comfortable speaking with the prosecutor and judge, you should hire an attorney. In fact, many attorneys hire an attorney if they are ever charged with a crime. An attorney will speak to the prosecutor on your behalf. This protects you from saying anything to them that might actually implicate you in the crime. Often, people think that if they are innocent they can convince the prosecutor of the same. However, it is more likely that the prosecutor believes you are guilty, and their job is to prosecute you for the crime they believe you committed. In addition, an attorney will prepare all of the legal documents that you need. From subpoenas to motions filed in court, an attorney will understand the laws and how to use them to benefit you in your situation.

How Much Does an Attorney Cost?

While this is a commonly asked question, it is almost impossible to know the answer unless you speak with an actual attorney to find out. Many things affect the cost of an attorney such as your location, what you have been charged with, and how long the attorney has to work on your case. If you have been charged with a simple misdemeanor in Kansas and the attorney can settle your case after a few phone calls and letters to the prosecutor, you will pay less than someone who is charged with multiple felonies in New York City. It is important to know that most attorneys will charge an hourly rate, but they will require a retainer fee up front. This is an amount of money (often several thousand dollars) that you must pay up front. The attorney will then bill their hourly rate from the trust account. While no attorney can guarantee how much they might charge and how long the case will take, most experienced attorneys can have a general idea and pass that information on to you. Keep in mind that as attorneys gain experience in their fields, it is common for them to charge more per hour. So someone who is right out of law school will typically charge less than someone who is very experienced in practicing defense law.

Where Can I Find an Attorney?

Once you have decided to hire an attorney, you might be wondering where you can find one. Recommendations from people you trust are always an easy way to find an attorney. You might also be able to find a criminal defense attorney in Grand Rapids, MI, by looking online. You can review attorney profiles and often narrow your search down to a few qualified defense attorneys.

Matthews Bark | “How to Find a Divorce Lawyer”

Source        : http://shelharrington.com
By               :   Shel Harrington
Category   :   Matthews Bark
Posted By  :  Contact the Attorney General

Unless you have been married about five minutes, have no children, assets, or debts together, you first need to know how not to find a divorce attorney.  You should not call:
Family-Law-Attorney

  1. The attorney who has a sign staked to the side of the road which screams “Cheap Divorce” followed by a number. “Cheap” should not be your only criteria.
  2. The attorney who has a TV-Guide ad proclaiming divorces can be had for $299.99. If it seems too good to be true, assume it isn’t true.
  3. Your cousin’s oldest son who “just passed the bar” – in spite of the fact that he’s willing to “give you a good deal.” This applies to any friend/family connection whose introduction of the prospective attorney ends with “just passed the bar.”
  4. Your best friend/sister/dad or any other person you have an intimate relationship with who happens to be a Family Law attorney.  One of the purposes of having an attorney is to have someone objective guiding you through the process. You will not get objectivity from someone who loves you and is already ticked off at the jerk you plan to divorce (probably at their suggestion).

We have wiped out close family and friends, new bar members, and the best deal in town, so what’s left? I promise you there are other options. Better options.  How do you find them? And how do you know the one you find is a good fit? Read on!

Word of Mouth/Referrals.  For the few who are personally close to a Family Law attorney, the same attorneys who are too close to represent you are great go-tos for referrals because they will be familiar with their peers. An attorney you know and trust but doesn’t do family law may also be able to suggest a divorce attorney that has a good reputation in the community.

If you don’t know an attorney, ask friends/family members/co-workers who you know have had a divorce which attorney they used. Most will be pretty quick to let you know whether they had a positive or negative experience. For those who had a good experience and are recommending their attorney, ask if they knew the attorney prior to being represented. (If they used their own best friend/sister/dad you may want to get some more objective feedback.) Ask if they were kept well-informed throughout the process, if the attorney was receptive to questions, if the attorney seemed prepared at meetings and in court, and if the attorney’s bills were clear about what was charged for and how much was charged for each service.

If your source had a negative experience with their own counsel, ask what they thought of opposing counsel. Really. I am surprised how often I get calls that are referrals from one of my own client’s exes. Often the reason people don’t like the attorney they used is because the attorney their former spouse used came across as more professional, prepared and effective.

Professional listings. On-line lists and old-fashioned phone book listings still exist for a reason. This is a way to narrow the search from attorneys in general to attorneys who practice family law. Keep in mind, just because they say they do it doesn’t always mean they know how to do it or they are actually doing it. If your state has court cases listed on-line (your state bar association can tell you that) search for the prospective attorney’s name in that site and look at the type of cases they have had. Have they done quite a few divorces? Have they dealt with issues that you will be dealing with, such as contested custody, alimony, high assets, or large debts?

Once you have found a prospective attorney, check out their website – most will have one.  Often the website will have basic information about divorce, answer frequently asked questions, and provide contact information for the firm. You can sometimes get an idea about how service oriented they are from their site. If you are still interested in them, contact them in the requested way, if one is indicated.

Some attorneys offer a free consultation, some charge a fee to avoid people casually attorney-shopping who aren’t serious about hiring.  A consultation without the commitment of hiring is an opportunity to meet the attorney and get basic questions answered about options, legal procedures, and the costs of the action. Make sure you are honest with the attorney about all the issues – good, bad, and ugly – so that you will receive relevant information and realistic costs. Be wary of any attorney who makes guarantees about outcomes or tells you your case is a slam-dunk – there is a difference between being confidant and being cocky.

If you are uncomfortable about hiring a particular attorney – whether it’s because you didn’t like the way they responded to you, you don’t care for their office atmosphere, or some vague feeling you can’t quite identify – go elsewhere. Just because they are a good attorney does not mean they are a good fit for you. It’s important that you hire somebody that you can work with because you will be a team – you know your spouse and the facts, the attorney knows the law. You need a marriage of both to obtain the best results in divorce.

Matthews Bark | “Why you need a DUI attorney in Layton Utah”

Source        : rsweblists.com
By               :   RS Web Lists
Category   :   Matthews Bark
Posted By  :  Contact the Attorney General

DUI charges can make your life a living hell. It may affect your employment, driving privileges and custody of your kids. Not forgetting the severe fines or possible imprisonment. You can only avoid this serious situation by hiring a competent DUI attorney. Remember negligence on your part may be very damaging to the case and you may end up paying huge fines, being sentenced or having your license confiscated. Driving while intoxicated is a grave offense that needs the best representation to ensure your rights are safeguarded. Here are reasons why you need a competent DUI attorney in Layton Utah.
DUI-defense-attorney
If you are pulled over by the police for drunk driving, find the best attorney specializing in DWI/ DUI cases. The attorney will safeguard your rights and plead your case successfully. He will also help in mitigating the sanctions if you are a first time offender. When facing DUI charges you have to act straightaway to protect your driving privileges and rights as a citizen. A proficient attorney will assist you retain the license as you wait for trial.

Remember drunk driving is a severe crime regardless of the state you live. Having a criminal record will ruin your reputation as well as affect your current job and other employment opportunities in future. Therefore, the only person who can greatly help you is a DUI lawyer. Your lawyer will independently investigate your case in depth and he can also use other resources to unveil any missing facts that may change the direction of your case.

A knowledgeable lawyer knows all the prosecutors and can work out a petition before court hearings begin. DUI lawyers understand all the rules and applicable laws governing drunk driving cases. Attorneys dealing with trusts, wills and real estate laws may not be familiar with such rules. A good DUI defense lawyer will also present valuable arguments to the court officials and administrators.

A DUI attorney will be very helpful in case you are found guilty by the court. He will remain beside you and plead to have your punishment reduced. Note that a competent attorney can change the direction of your case overnight. Moreover, he will ensure that you do not receive a serious punishment.

A legal representative with your best interest at heart can also try to have your case postponed until his preferred judge hears your case. Lawyers with a wide experience are well conversant with judges and know how the judges rule cases similar to yours.

Another reason why hiring an attorney is necessary is that these legal experts know how to deal with police officers more than you do. This can be a crucial part of the case and leaving the matter in the hands of the lawyer is very advantageous.

After court hearings, a good DUI attorney in Layton Utah will advice whether it is possible to have the charges excluded from your record. Employers will not find out that you were charged With DUI and it will be easier to get a good job in future.