Hiring a Criminal Defense Lawyer for a Felony: Important Facts to Know

Criminal defense lawyers know your life and liberty is greatly at risk of being cut down from a criminal felony charge. Even if you are criminally charged for a felony and not convicted you can still lose your job and suffer greatly from the social stigma. If charges have not been filed and you are being criminally investigated, now is the best time to hire a criminal defense lawyer. A lawyer will preserve evidence in your favor and bring it to the prosecutor's or police's attention before they file charges. In most cases it is much easier for a lawyer to prevent criminal charges from being filed then trying to get them dismissed after charges have been filed.

Criminal Defense Lawyers Protect You from the Government's Power

If you have been arrested, indicted, or are being investigated for a criminal offense, you need an experienced criminal defense lawyer to protect your life. The earlier a criminal lawyer intercedes on your behalf, the better your chances of having a better result on your case. A criminal defense lawyer can protect rights you may not even be aware of in an investigation by police, prosecutor or detectives. It is very unusual and rare for a defendant charged with a serious crime to not benefit from having a private lawyer. A criminal defense lawyer will protect you from the government's power and use of coercion, especially from overzealous prosecutors.

The Government Provides Public Defenders to Those Who Can't Afford a Private Lawyer

Public defenders are lawyers that work for the government. Government-appointed lawyers are hired and paid by the state on a case-by-case basis. A public defender or appointed lawyer is made available to those not able to pay for a private lawyer. In such instances, you are not entitled to pick your lawyer, who may or may not have experience with your particular type of criminal law case.

You Have the Right to a Private Criminal Defense Lawyer

Private criminal defense lawyers having great case results are able to do so because they work with a team of top criminal lawyers, have a slew of experts and resources, and also have the necessary time to work on your case. All jurisdictions in the United States allow all persons to have a private criminal defense lawyer. It is your right, as stated in the United States constitution, to be represented by a lawyer for any type of case. You also have the right to a lawyer at any stage of the case, even before charges are filed and you are only questioned.

A Felony Charge Can Severely Hurt Your Life Forever

When convicted of a felony crime, whether you go to prison or not, your life may suffer serious consequences during imprisonment and after. Even if a criminal case is dismissed, when a case is filed, there is still a stain on the defendant's record that may appear in a background check. No lawyer can stop your criminal record from showing up in an internet background check that comes up in seconds with the click of a button. A criminal conviction on your record will affect your ability to get any job, housing, obtaining a job license, getting a mortgage, higher education schooling, student loans, any government assistance programs and more. Furthermore, if you are convicted of a felony you are usually not eligible for low-income housing.

60% of Ex-Felons Remain Unemployed, Many Become Homeless

A 2007 study done by the National Institute of Justice found 60% of ex-felon offenders remain unemployed a year after their release. The California Department of Corrections and Rehabilitation states that 75% people convicted of a felony are unemployed. Many unemployed felons have a low quality of life as panhandlers, camp out on the street and the lucky ones stay in homeless shelters, and eat at soup kitchens. Being unemployed makes a former criminal offender more likely to commit a crime and land right back in prison. The facts are clear, once you have been convicted of a crime you may end up revolving in and out of prison for the rest of your life or homeless.

Criminal Law is Not for Amateurs, it is Very Complex and Challenging

Criminal law is extremely lengthy and not for the feeble-minded. Aside from the intricacy of laws concerning criminal charges there exist laws regarding evidence, there are legal procedures, and deadlines strategically used by criminal defense lawyers. One innocent mistake by a lawyer not experienced in serious criminal defense, like missing a deadline or not responding in the required time period could cost you greatly and cause irreversible grave damage to your case. An experienced criminal defense lawyer will be able to assess the proper legal path to take throughout the case. A lawyer will also have the ability to identify and assess the strengths and weaknesses and counter them with a well devised strategy. Of course, a lawyer working with a team of lawyers, experts and having the necessary resources will be able to pool their criminal defense expertise and knowledge for your benefit.

Cost of Hiring a Criminal Defense Lawyer

When your liberty is at stake and your life may be affected forever, you should hire the best criminal defense lawyer to protect you. Your life is valuable and this is not the time to skimp or shop around for the cheapest attorney. Consider hiring a criminal defense lawyer who lists at least some of their case results on their website and who also post their testimonials. Some of the best lawyer websites will even post reviews verified by another company. Know that the decisions you make now may determine how your life will be forever. What kind of life you will have is more important than the money used to hire a lawyer.

Many criminal defense lawyers bill hourly or have a flat fee arrangement. A lawyer giving a flat fee upfront will assure you get the legal representation and the retainer will assure you of no surprises. Many of the best criminal defense lawyers even offer payment plans because they are dedicated to offering the best legal representation and getting you the justice you deserve. However, know that the best lawyers also hire the best experts and use cutting edge resources to work effectively on your case and all these things come at a cost. Be prepared to pay a reasonable deposit for the best criminal defense lawyer.

If you do not have any money to pay a private lawyer, explain your dire circumstances to your friends and family and be sure to tell them how your life can be damaged forever if you don't get help from a qualified lawyer now. Get a loan; many times you can even get a bad credit loan based on your assets like owning a home or car. Apply for credit or check your credit cards for unused credit. If you have a credit card you may also make a request to your credit card company to increase your balance.

Before talking about cost, first talk to the lawyer about your criminal charge or investigation to find out if the lawyer can help you. If the criminal defense lawyer can help you then the fee will be discussed. If the lawyer cannot help you, you may ask them to refer you to the right lawyer or source.

Criminal Defense Lawyers for White Collar Crimes

White collar crimes are criminal charges generally regarded as non-violent. Most white collar or federal cases involve fraud. If charged with a white collar crime, it is wise to choose a criminal defense lawyer working with a team of lawyers and experts and has the resources to give you the best legal representation and defense. Do not choose a lawyer just because he is a family friend. Your life is at stake and you need appropriate legal representation from a criminal defense lawyer. Know that a lawyer who works with legal business documents or processes is not automatically qualified to work on white collar criminal defense. Criminal defense is a completely different arena and it is best to hire a lawyer with experience in the criminal court room, laws and procedure.

White collar criminal charges, especially fraud, are currently being penalized and pursued ferociously by the FBI and U.S. lawyers. Now is not the time to sit back and wait for criminal charges to be filed if you or your associates are being investigated. It is imperative you hire a criminal defense lawyer immediately to lessen the severity of the charges that do get filed, steer the case in a favorable direction, or possibly prevent charges from being filed.

The Prosecutor's Position

Prosecutors have power in determining what criminal charges are filed, which charges they are willing to change and the penalties. Criminal defense lawyers know how to have a relationship and communication with a prosecutor that works favorably for you. The top criminal defense lawyers know how important it is to communicate well and effectively with prosecutors. No book can teach that, this valuable experience is beyond price and can only be gained in working as a criminal defense lawyer.

Don't Risk Your Life, Never Represent Yourself

Criminal laws and defense are elaborate and the complexity is beyond what you could ever attempt to learn about in a book. There are facets of criminal law not immediately visible to the amateur or lawyer just graduating law school. The best lawyers are not going to publish their winning strategies and expert resources in books for competitors to pick up. Don't even give a second thought to representing yourself; hire a criminal defense lawyer for your life and future.

Do Not Plead Guilty because You Think the Odds are Against You. Hire a Criminal Defense Lawyer

The prosecutor, detectives, or investigators may make you feel like they have all the evidence to convict you and you have no chance. Do not buy into this; hire a criminal defense lawyer immediately to preserve evidence in your favor and without delay conduct a private criminal investigation that will help you. A lawyer will also conduct an investigation as to how the evidence was obtained, stored and many other variables. A lawyer will also question witnesses and look at their history and character for flaws that weaken the prosecutor's case.

You are the best reason to hire a competent criminal defense lawyer.

Know Who You Are Dealing With Before You Contract A Bail Bondsman   General Practitioner Lawyer Vs Focused Practice Lawyer   What Is an SOC Agreement in a Criminal Case   North Carolina Expungement Law Improves Opportunities for Non-Violent Felons   

Learning Criminal Law - B V DPP As Further Development of Regina V Morgan

This article, the fourth in a series about criminal intent, analyzes B v. Director of Public Prosecutions ("DPP"), [2000] 1 All E.R. 833, [2000] Crim. L. Rev. 403 (H.L.) (U.K.). The second case to signal a paradigm shift in English Criminal Common Law, B v. DPP allowed English common law to advance further toward uniformity and consistency.

In B v. DPP, the15-year-old defendant repeatedly asked a 13-year-old girl for oral sex. The girl refused.

The Crown charged B based on the Indecency with Children Act, 1960, 8 & 9 Eliz. 2, § 1(1) (Eng.). It provided,

"Any person who commits an act of gross indecency with or towards a child under the age of fourteen, or who incites a child under that age to such an act with him or another, shall be liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding six months, to a fine not exceeding one hundred pounds, or to both."

Parliament amended the statute to impose a 10 year sentence.

The relevant defense was "mistake of fact," which differed between general and specific intent crimes. General intent crimes required "mistake of fact" evidence to be honest (subjective) and reasonable (objective).

Specific intent crimes, however, required mistake evidence only to be honest (subjective). Thus, specific intent crimes allowed any little mistake to mitigate the offense charged to a lesser included offense.

Previously, English courts interpreted statutory silence about specific intent to require proof of general intent. But here Lord Nicholls interpreted the silence to rule out strict liability. Indeed, Lord Nicholls interpreted the silence about mens rea to proscribe a specific intent crime, not general intent.

To rule out general intent, Lord Nicholls analyzed the mistake of fact defense, rejecting a requirement that it be honest and reasonable. Accordingly, the law required mistake of fact evidence only to be honest.

Ruling out an objective element, Lord Nicholls reasoned the objective standard comported with negligence crimes (i.e. what the accused should have known, not what he actually believed). Parliament may enact negligence crimes, and Lord Nicholls conceded this would require honest and reasonable mistake of fact evidence. But Lord Nicholls determined this statute did not expressly define a negligence mens rea element. Likewise, in this case the law required mistake of fact evidence only to be honest.

He stated, "... this can have no place in a common law principle, of general application, which is concerned with the need for a mental element as an essential ingredient of a criminal offence... "

Lord Nicholls reasoned the statue required the Crown to prove each material element with the requisite mens rea. Reasoning by analogy, common law defined rape's mens rea element as either reckless indifference or intent to act in the absence of consent.

Analyzing an offense's seriousness based on exposure, Lord Nicholls determined the Crown's evidence for a specific intent crime must be more particularized than general intent's "moral blamworthiness" requirement.

This statute originally imposed a two year penalty. Based on a strong public policy to protect the young, Parliament defined offenses against children as strict liability crimes, omitting the mens rea element.

To maintain proportionality, these crimes required shorter sentences. Parliament, however, increased the exposure to ten years. The increased penalty rendered strict liability disproportionate.

Lord Nicholls interpreted the age element as an attendant circumstance. Unlike strict liability crimes that omitted proof of mens rea, here Lord Nicholls reasoned the Crown's evidence must prove not only the attendant circumstance, but also the mens rea with respect to the attendant circumstance.

Lord Nicholls stated if "Parliament considers that the position should be otherwise regarding this serious social problem, Parliament must itself confront the difficulties and express its will in clear terms."

B v. DPP demonstrates a progression of common law in the direction of the MPC. The MPC mirrors the elemental approach for defining specific intent crimes. The MPC, however, provides a uniform definition of the mental culpability elements. Thus, MPC jurisdictions may apply analogical reasoning to defining crimes and administering the law. B v. DPP and Morgan represent the common law advancing in the same direction.

Know Who You Are Dealing With Before You Contract A Bail Bondsman   What to Include in a Notice of Withdrawal Filed in a Criminal Case   Working With Professional Lawyers Towards Efficient and Expedient DUI Case Resolution   Selecting a Criminal Defense Attorney   Recording With Hidden Devices - What's Legal and What Isn't   A Fundamental Review of Personal Injury Lawsuits: What Does It Involve?   

Federal Gun Laws

The debate on gun control includes many issues such as whether restrictions are permissible under the Constitution, and whether gun control laws actually help to control crime. State laws restricting firearms vary and are independent of federal firearms laws, which are surprisingly few compared to the estimated 300 major state gun laws. In addition, it has been widely estimated that the number of local gun laws could be as high as 20,000.

A list of the major Federal Law restricting gun control in the U.S. is strikingly short:

• 1934 - National Firearms Act was a response to prohibition and the rise of gangsters, with the goal of curbing the use of automatic-fire weapons.

• 1938 - Federal Firearms Act regulated and monitored the selling and shipping of firearms through both interstate and foreign commerce channels.

• 1968 - Gun Control Act implemented license requirements and regulation, as well as restricting the sale of firearms to convicted felons, the mentally incompetent, and drug users. The Act also outlawed mail order sales of rifles and shotguns.

• 1986 - Law Enforcement Officers Protection Act banned the sale of armor piercing ammunition that was capable of penetrating bullet proof clothing.

• 1990 - Crime Control Act created criminal penalties for possessing firearms within school zones; and restricted the assembly of illegal semiautomatic rifles and shotguns.

• 1994 - Brady Handgun Violence Prevention Act enacted stricter rules for background checks.

• 1994 - Violent Crime Control and Law Enforcement Act banned assault weapons and enhanced laws for the possession of guns by juveniles.

• 1999 - Gun Bill is passed that requires all new hand guns to have a trigger lock.

Proponents of gun control argue that stronger Federal laws are necessary to restrict firearms because state laws cannot curb the flow of guns from less restrictive states to more restrictive states. These advocates seek to ban specific firearms that are believed to be primarily used for criminal purposes or pose unusually high risks to the public. They also seek stricter regulations and restrictions on who may possess a firearm. Unfortunately, the actual impact of gun laws on crime is difficult to determine because there simply is not enough comprehensive, current, or accurate data to definitively assess whether there is a causal connection between guns and violence.

Various organizations collect data from the FBI and U.S. Census Bureau to provide some insight into the correlation between firearms and violence in the U.S. Four studies provide the following statistics:

1. In 2010, there were 14,748 murders reported by the FBI, and 9, 958 of those crimes involved a firearm;

2. There were 31,347 gun-related fatalities which include homicides, legal intervention, suicides, and accidents, in 2009;

3. Approximately 4.3 million victims reported non-lethal crimes including rape or sexual assault, robbery, aggravated assault, and simple assault in 2009. An estimated 22% of those crimes involved the use of weapons; and 8% of weapons used were firearms; and

4. In the five year period beginning in 1987, approximately 62,200 victims of violent crimes (1% of all violent crimes) used a gun to defend themselves. An additional 20,000 per year used a gun to protect property. These figures may also include persons who work as police officers and armed security guards.

Opponents of gun laws cite recent U.S. Supreme Court cases that hold the Second Amendment of the U.S. Constitution protects an individual's right to possess a firearm for lawful purposes, such as self-defense, within the home and in federal enclaves. The Court has also affirmed lower court decisions that determined handguns are "arms" for the purposes of the Second Amendment. Critics of these decisions argue that the Constitution does not contain an express right of an individual to use firearms for personal self-defense, and that an individual's need to protect themselves with weapons has been greatly diminished in modern society.

Know Who You Are Dealing With Before You Contract A Bail Bondsman   North Carolina Expungement Law Improves Opportunities for Non-Violent Felons   Selecting a Criminal Defense Attorney   A Fundamental Review of Personal Injury Lawsuits: What Does It Involve?   

Where To Buy a Breathalyzer Without Any Trouble?

Are you an avid alcohol consumer and planning to overcome this problem? Well, there are certain techniques and methods to do this but not all of them are reliable as compared to a breathalyzer. The question is where to buy a breathalyzer? Well, there are many different sources to buy this gadget. Some people prefer to buy such devices from online stores and others prefer shopping malls. You can choose the one that suits you best.

Availability of Breathalyzers for Civilians:

There was a time when these alcohol detecting devices were only accessible to law enforcement officers. Things are a bit different now and anyone including a person with a habit of consuming alcohol can buy it. There are a lot of models and types of breathalyzers and their performance is directly proportional to the price you are paying. For instance, an expensive breathalyzer will show more accurate and quick results without any issues. On the other hand, an average priced alcohol detector will have less assurance of quality and results.

So, always make sure that you are buying the most reliable alcohol detector because it can be the matter of life and death in some situations. Some famous and most reliable breathalyzer types are AlcoHawk, BackTrack, and Lifeloc. You can easily buy them from online breathalyzer shops.

Where to Buy a Breathalyzer?

You can easily buy a breathalyzer from online shops. Why I am asking for online shops? It's because there are plenty of buyers online and you can easily recheck their credibility through different public forums. Online resources are reliable unless you have proper knowledge of negotiating with the seller. Feel free to ask about the quality of their products. These products are very sensitive but effective so you have to read and follow the feedback of previous buyers.

It's your right to ask about the certification of selling products online from the buyer. Most commonly, all the sellers are quite comfortable with such inquiries but the ones with fake identity will hesitate to show you required proofs.

Thus far, most of the sellers and online retail shops of breathalyzers in United States are registered and reliable. For more information on reliable and affordable breathalyzers, you can also follow the links below. Always remember, negligence in buying a breathalyzer can cause serious incidents in your life including life taking accidents. So, why putting your life in danger and risks when a quality life savior is few clicks away from you?

Know Who You Are Dealing With Before You Contract A Bail Bondsman   North Carolina Expungement Law Improves Opportunities for Non-Violent Felons   Organized Crime Drug Enforcement Task Force   What to Include in a Notice of Withdrawal Filed in a Criminal Case   Working With Professional Lawyers Towards Efficient and Expedient DUI Case Resolution   

Finding a Criminal Defense Attorney for a Friend

We all have friends who have gotten in trouble over the years. Perhaps they did not end up in jail, and maybe they were far from the situation being that serious. Whatever the case was, you likely would have done as much as possible to help them get through it. As an adult, life can be difficult. If you hear of a close friend being arrested for a crime that does not sound like something they would do, or even if it does sound like something they would, they have a right to a law professional. Do not stand by and let them get the worst possible conviction because they did not have a criminal defense attorney.

As you look for a criminal defense attorney for your friend, there are several areas to consider. You will want to find a lawyer who is personal, professional, and successful.

Finding a criminal defense attorney that is personal is so important. Dealing with someone like this will more easily allow your friend to be at ease in his or her situation. It will also help them to feel like they are getting the help they need. This type of law professional should deal directly with their client rather than having a paralegal do all of the work.

Professionalism is also important. Professionalism does not necessarily equal years of experience. Any amount of experience does not always make someone act professionally. Some people just have a knack for being cumbersome and obtrusive. This is not the type of person you want to set your friend up with.

Success is of obvious importance. The goal for your friend is to either be set free or have a lesser sentence than what might normally be the case. You will want to do some research in this area as well as some of the other areas because it is important to know the reputation of the individual. Looking at online reviews can be helpful for this.

It is important to find the right law professional as soon as possible for your friend. The longer it takes to find the right one, the more time your friend has on their own facing the questioning.

No one wants their close friend to be in trouble. When it happens, you can be the friend you need to be by assisting them in finding a criminal defense attorney that will help your friend get through this time.

Know Who You Are Dealing With Before You Contract A Bail Bondsman   North Carolina Expungement Law Improves Opportunities for Non-Violent Felons   A Fundamental Review of Personal Injury Lawsuits: What Does It Involve?   General Practitioner Lawyer Vs Focused Practice Lawyer   What Are The Common Conditions Of Parole And When Are They Considered Violated?   

Mississippi Drug Crimes

In Mississippi it is a crime to sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance. This law is found in the Mississippi Code, Title 41, Chapter 29, Section 139. Controlled substance essentially means any illegal drugs or drugs without a prescription. This can include marijuana, cocaine, methamphetamine, and common prescription drugs.

The punishment for violation of this law is going to depend on the type of drug and the amount possessed. For instance, many people charged with marijuana possession want to know what will happen if they are convicted. Generally, simple marijuana possession is classified as 30 grams or less in Mississippi. See Mississippi Code Section 41-29-139(c)(2). 30 grams is just over one ounce. First-time offenders may face a fine of up to $250, as well as court-ordered drug treatment programs. The most serious consequence, though, is the possibility of having a permanent conviction on his or her record. A Mississippi drug possession lawyer can insure that this does not happen and that the case is expunged from the offender's background.

More serious consequences may result if the marijuana possession occurred inside a car. For possession of 30 grams or less within the area of the vehicle normally occupied by the driver or passengers, the punishment can be up to a $1000 fine and 90 days in jail. However, first-time offenders will have options to avoid going to jail and ending up with a permanent conviction.

Possession of more than 30 grams of marijuana carries greater penalties depending on the amount. For instance, more than 30 but less than 250 grams is punishable up to three years in the penetentiary. This is an extremely serious penalty for someone with no prior record, and it reflects the state's view that drug offenders should be punished fully. If you are a first-time offender who is facing a felony marijuana possession charge, you should contact a Mississippi criminal defense attorney in your area right away.

Drugs such as cocaine, heroin, LSD, and methamphetamine carry equally stiff penalties. Like with marijuana, these are classified in Title 41 of the Mississippi Code. Possession of less than 1/10 of a gram may be charged as either a misdemeanor or a felony, depending on the facts, with prison time of up to four years. Possession of between 1/10 of a gram and two grams is punishable from 2-8 years and a maximum fine of $50,000. As you can see the greater weight, the greater the potential punishment. Possession of an ounce or more of any of these types of drugs is punishable up to 30 years.

Know Who You Are Dealing With Before You Contract A Bail Bondsman   North Carolina Expungement Law Improves Opportunities for Non-Violent Felons   What to Include in a Notice of Withdrawal Filed in a Criminal Case   Working With Professional Lawyers Towards Efficient and Expedient DUI Case Resolution   A Fundamental Review of Personal Injury Lawsuits: What Does It Involve?   General Practitioner Lawyer Vs Focused Practice Lawyer