How Do I Know If I’ve Hired A Good Criminal Defense Attorney Once I’ve Been Arrested?
Unfortunately, as in all professions, there is not always the same quality of representation given to criminally arrested and charged clients in a legal professional’s care. There could be many reasons for a client to feel that they have not been treated properly by a criminal defense lawyer or juvenile law attorney. These reasons could range from an inexperienced criminal or juvenile crime attorney who hasn’t been trained how to properly educate those in their care.
Perhaps you’ve hired an overworked criminal or juvenile court lawyer who takes all cases and feels he or she is not being paid sufficiently for the care demanded. You may have simply hired a criminal or juvenile law attorney who doesn’t possess the pride to care as to the quality of the treatment they provide. In the area of criminal defense law, more lawyers than in most any other legal specialty are referred to local bar associations as to complaints calling for disciplinary action each year.
A capable criminal defense lawyer for an adult or juvenile crime is not always one who can “get you or your child off” for the charges one is being prosecuted for. Rather, the overwhelming majority of criminal prosecutions are not resolved through a jury’s verdict following a trial but as a result of hard fought negotiated plea agreements worked out between the criminal defense attorney and prosecutor after a thorough criminal investigation has been conducted. As a result, what follows are just a sampling of some tell tale clues to observe as to whether your criminal or juvenile defense lawyer is one who should earn your trust:
Does your criminal defense lawyer or juvenile lawyer respond to your calls promptly?
Does your criminal defense attorney or juvenile crime attorney just tell you what you want to hear?
Has your criminal attorney or juvenile attorney explained the risks and benefits of going to trial?
Has your criminal lawyer given you enough time sufficiently understood the position of a prosecutor including all possible plea proposals and potential penalties for the crimes charged?
Has your criminal lawyer or juvenile crime lawyer clearly explained your fee arrangement?
Has your criminal defense lawyer or juvenile court lawyer documented your family situation including whether you have dependents to support, whether you are professionally licensed and/or whether your county of residence possesses alternatives to incarceration that you may pre qualify for?
Has your criminal attorney asked whether you or a loved one has a prior mental illness, been prescribed medication or ever been referred to mental health and/or drug and alcohol treatment that can explain one’s conduct and provide a legal alternative to criminal incarceration?
One must always be aware that a criminal defense attorney or juvenile court attorney gets paid significantly more in attorney fees should a criminal prosecution be brought to trial. It is therefore vitally important that one keep on top of one’s criminal case to ensure that enough time has been arranged so that a meaningful dialogue can be established between the criminal attorney and client as to the risks and benefits of going to trial. While in many prosecutions going to trial is the only way to seek justice, in far too many criminal cases a criminal client faces the prospect of the added penalty of excess legal fees and far worse criminal punishment imposed after a criminal client has blindly proceeded to trial without exploring and been made aware of all legal options available.
Criminal Defense Lawyers on OJ Simpson’s Criminal Case
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Taped on January 19, 1967An often surprising exploration of criminal jurisprudence with a guest who, as Mr. Buckley puts it, “if any of you should commit a murder. . . is your man.” Buckley: “Do you believe that the right to refuse to testify is a right that is integral to the whole process of the presumption of innocence?” Bailey: “Yes, it’s as integral as it is illogical.” Buckley: “And why is i…
This 50’s educational film explains to children how laws are good for society, and why they should be respected. Ken, a young boy, steals some lumber to build baseball backstops for his baseball teams field, but is later seized by guilt though he hadn’t been caught stealing. Confused by this ethical dilemma, he goes to his family’s lawyer, who tries to sort out the whole business for Ken. The hone…
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Arizona Court Records, for a complete background check
Arizona Court Records are public information that is recorded and maintained by the local, state or federal government or other government agencies. Arizona Court records include criminal records, civil records, marriage records, birth records and divorce records among many others. Court records have different uses for people. They are most commonly used to make background checks. An employer requires a court record search to ensure that the person he intends to hire has a clean record.
Many people conduct a court records search on those they are marrying to verify that their future spouse is not married and do not have a criminal background that they are unaware of. It is wise to conduct a public record search before taking anyone as a partner into the business or getting into a major business deal with someone. Parents who intend to hire a nanny for their child or homeowners who hire help must access and check the criminal records of the prospective employees. Court records are also extensively used by lawyers, cops and other law enforcing officials.
Until recently, accessing court records was a tiresome process. Anyone who wanted to conduct a court records search had to visit government offices and courthouses and ask to see their records. They would be required to fill forms and wait until the form is approved. This may takes several days or even months.
Once permission is granted, hundreds of files will have to be scoured through to get all the necessary information. However, with the advent of the Internet, the public records have been transferred to a database online. Public information and confidential information has been separately stored. Public record searches can also be done state wise. Numerous websites offer Arizona court records.
All you need to do is log on to the websites and enter basic information about the person such as his name and address. While most of these websites offer Arizona Court Records for free, there are also those who offer paid services as well. It is generally better to use paid services, as these can provide you not only with information that is directly related to your search but also with leads to other records that you might find useful. Those who do not have much experience with public records searches or those who need to conduct frequent public record searches would find that using paid services makes their task easier.
Arizona Criminal Attorney David Cantor Lisa Randall Case KSAZ
An insight into the long-standing struggle of women in criminal justice occupations to move beyond the barriers of gender segregation is provided in this book. The authors take a close look at the organization of justice occupations along gender lines and in doing so discuss issues such as the historical roles of women in the criminal justice system; the expansion of women’s assignments and contr…
Denver, Colorado Criminal Defense Attorneys – Part I: The Role of the Defense Lawyer
The criminal defense attorneys at Frankfurt & Trani, P.C. believe that they, as well as all attorneys in the Denver, Colorado criminal defense bar, play an essential role in our system of criminal justice. The following article is part one of a series describing the role that criminal defense attorneys play in our society and the challenges faced by those who choose this difficult profession.
Being a criminal defense attorney in Denver, Colorado today presents many challenges and difficulties not required of defense attorneys of the past. These challenges and difficulties increase the importance of the role of the criminal defense attorney in Denver and throughout the state of Colorado. What are the obligations and responsibilities faced by the criminal defense attorney in today’s legal climate?
1. Protecting the rights of the accused. The number one obligation of today’s criminal defense attorney is protecting the rights of the accused. Those rights come from the Bill of Rights as set forth in the U.S. Constitution. These generally include the right to be treated fairly by our criminal justice system. Specifically, they include the right to a trial by a jury of their peers, the right to be presumed innocent until proven guilty by “proof beyond a reasonable doubt”, the right to a speedy and public trial, the right to remain silent, the right to be free from unreasonable searches and seizures, and, maybe most important, the right to effective assistance of legal counsel. Each of these rights, guaranteed by the United States Contitution and its Bill of Rights, has been made applicable to all states, including Colorado, through the Fourteenth Amendment to the U.S. Constitution and various United States Supreme Court case opinions. Effective assistance of counsel means that a criminal defense attorney has the obligation to provide his or her clients, the accused, protection against government overreach. The criminal defense attorney does this by challenging government conduct that violates the rights listed above (as well as those not listed). A criminal defense attorney who fails to make reasonable efforts to do this for his or her clients does not provide effective assistance of counsel and thereby fails in his or her basic responsibility.
2. Defending the innocent. It is true that a large number of the criminal defense attorney’s clients have some level of criminal culpability. In other words, most of the lawyer’s clients are guilty. How the criminal defense lawyer addresses those clients is addressed below. But what is the criminal defense attorney’s responsibility when he or she has a client who is innocent?
There are some in our society who do not believe that the government, generally by and through a prosecuting agent of a city, district or U.S. attorney’s office, prosecute people who are actually innocent. Unfortunately, a quick google search for “wrongly convicted” produces a litany of cases where people convicted of crimes are later proven to be innocent. In Colorado, we have to look no further than the Larimer County case of People of the State of Colorado vs. Timothy Masters.
The Timothy Masters case is a gross example of the damage that government overreach can cause an individual, as well as an entire community. After a 12 year investigation that began when Mr. Masters was just 15 years old, he was convicted of 1999 the murder of Peggy Hendrick in Ft. Collins, Colorado. Mr. Masters was sentenced to life in prison without the possibility of parole. Unfortunately, Mr. Masters’ conviction was obtained by Larimer County prosecutors without any physical evidence and with the assistance of questionable investigation techniques utilized by local law enforcement led by Detective Jim Broderick. In addition to the questionable methods used by Detective Broderick, it has now become clear that the prosecution withheld evidence from Mr. Masters’ criminal defense attorneys and that legitimate alternative suspects were not only not investigated, but were clearly ignored by investigators and the prosecution. In 2004, Mr. Masters successfully appealed on the basis of ineffective representation by his criminal defense team. He was appointed a new team of criminal defense lawyers who began to investigate the case. In early 2008, DNA testing conducted by a team of experts in the Netherlands retained by his new defense lawyers proved that Mr. Masters was actually innocent of the murder. Shortly thereafter, a Court vacated his conviction and dismissed the case against him. Unfortunately for Mr. Masters, government overreach, in the form of overzealous investigators and prosecutors bent on a conviction and career achievement, cost Mr. Masters 10 years of his life.
The repercussions of this case have been great. The city of Fort Collins and Larimer County settled a civil suit with Mr. Masters for $10 million. The funds to pay for this settlement are to be paid for from city and county funds; ultimately money funded by the tax payers. On June 30, 2010, the Denver Post reported that a grand jury has indicted Detective Jim Broderick of criminal perjury charges. In September of 2008, the Colorado Supreme Court ruled that the prosecutors in the case, Jolene Blair and Terrence Gilmore, now both Larimer County District Court judges, should be publicly censored for their failure to ensure that evidence was properly provided to Mr. Masters’ defense attorneys and for failing to seek evidence from police investigators that would have cast doubt as to Mr. Masters’ guilt. While such a consequence may seem minor, a public censure is a serious consequence for ethics violations of licensed attorneys in Colorado and is fairly rare.
To read more about the specifics of this travesty of justice, please read the July 5, 2010 article in the Fort Collins newspaper the Coloradoan, titled “A look back: Tim Masters Case“.
Ultimately, the point of the Tim Masters case is that innocent people can be accused and convicted of criminal offenses and that, sometimes, such convictions can have a serious impacts that can affect not only the person who is falsely accused, but the community in which it happens. To prevent this type of situation, criminal defense attorneys must take seriously the role of ensuring proper police and prosecutor conduct at every stage of every case that they handle.
So what is the responsibility of the criminal defense attorney in Colorado when representing an innocent client? In addition to upholding the client’s constitutional rights and conducting oversight on the conduct of police and prosecutors, it is to conduct an independent investigation in an attempt to prove the client’s innocence prior to trial and to thoroughly research every legal possibility of establishing the client’s innocence to a jury at trial. When this proves to be impossible, the responsibility of the criminal defense attorney shifts to establishing reasonable doubt as to the prosecutor’s case against the client.
3. Defending the guilty. As stated above, it is true that the majority of criminal defense clients are indeed guilty. Because of this, a common question asked of criminal defense lawyers is “how can you do that job?” It is true that providing assistance to individuals who have committed often serious criminal offenses is not for everyone because of the ethical and moral ideals that many people possess. With that said, it takes a special person to be a criminal defense attorney. Why?
Criminal defense attorneys have the same obligations to guilty clients as those discussed earlier in the article pertaining to innocent clients. The attorney must provide effective assistance of counsel, make sure that the government fairly investigates and prosecutes, and must defend the rights guaranteed to all by the U.S. Consititution. An attorney who is unable to do this will never be able to successfully practice criminal defense law. Attorneys who are able to do this generally have a stong belief in the adversarial nature of our criminal justice system and that every person, no matter what crime they are accused of, is entitled to representation.
Generally speaking there are two categories of guilty clients that the criminal defense attorney represents. The ones that deny criminal culpability and those who take responsibility for their actions.
The most difficult client for the criminal defense attorney to represent is the client who clearly has at least some criminal responsibility for what he or she is accused of. If the client is not taking responsibility, even when confronted by their attorney with strong evidence of guilt, the defense attorney must handle the case as he or she would with a client who they believed to be innocent. In other words, the criminal defense attorney must try to establish as much evidence as is possible suggesting that the client is innocent or establish enough questions in the prosecutor’s case to convince a jury that there is reasonable doubt as to the client’s guilt. It is here that most people, and even some practicing criminal defense attorneys, run into some serious ethical and moral dilemmas. It is here that the criminal defense profession obtains the bad reputation with many in our society. Why? Because it is in these cases where a criminal defense attorney who excels in trial practice techniques can often obtain “not guilty” verdicts even when the evidence strongly suggests otherwise. While each practicing criminal defense lawyer must deal with their own individual feelings that may result from such outcomes, they must ultimately rely on the notion that had the police and/or the prosecution properly done their jobs, the client would have been properly convicted and secondly, that our system of criminal justice requires that some who are guilty must go free to ensure that those who are innocent are not wrongfully convicted.
The second category of guilty clients that criminal defense attorneys represent are those that, in many cases, give the attorney the most satisfaction with their chosen profession. It is here that the criminal defense lawyer can have the most positive impact on society. When a guilty client is taking responsibility for their actions, the criminal defense lawyer can often have a positive impact on the life of the client and their loved ones. This generally occurs by helping the client obtain help with personal issues to address the root of criminal behavior and to reduce the chance of recividism. The most obvious example of this is in the situation where a client has been charged with possession of a controlled substance, i.e., an illegal drug. In most such cases, the client has been caught possessing the substance because he or she has a serious addiction. If the attorney can talk to the client about the addiction and how the addiction is affecting the client’s life or the life of the client’s family, the attorney can often convince the client that he or she can change their life and that obtaining drug treatment will be beneficial. Another example can be in cases where domestic violence treatment or anger management treatment can address serious issues that a client has that is not only causing criminal behavior, but is ruining relationships, families, or future opportunities. There are too many such examples to all be discussed here. Being able to offer such assistance to clients can have positive effects that are often life changing. In this capacity, the criminal defense attorney can not only help a client avoid serious legal consequences, but also have a real impact on that client’s life. Most often, much more so than any prosecutor, judge or probation officer.
Additionally, directing a client in a positive direction can often help the client avoid the potential serious consequences of the criminal justice system. When a prosecutor sees that a client is not only taking responsibility for their actions, but also obtaining some sort of help to help reduce the chances of recividism, that prosecutor is generally more likely to offer the client a less severe legal consequence in the form of a plea bargain. When a judge sees this same, that judge is more likely to sentence that client to a less severe form of punishment than that which would be otherwise be imposed.
In summary, the criminal defense attorney has an essential role in our nation’s system of criminal justice. Without the availability of effective legal representation for those accused of crimes under our federal, state, and municipal statutes, the potential for damaging government overreach would be great. It is those attorneys who practice criminal law as their chosen profession who protect all of us from this threat and make our criminal justice system the best that the world has to offer.
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9 More Tough Questions to Ask A Lawyer Before You Hire Him
This is the sequel to “8 Tough Questions to Ask a Lawyer before You Hire Him”. There were so many important things people should know before hiring a lawyer that I split them up into two articles so as not to overwhelm anyone. So the following are 9 more questions to ask a lawyer before you hire him:
1. Do you litigate cases?
It is extremely important that the attorney you hire be a litigator. You need to know that your attorney intends to see your case through to the end for you–regardless of the position that is ultimately taken by the other side. The insurance companies know the attorneys who litigate, and those who do not. In large, settlements are higher for the clients of attorneys who are willing to fight for them all the way to the end.
2. Have you attended the Arizona Trial Advocacy College?
This is an important question. The Arizona Trial Advocacy College is a program that is taught by the very best trial lawyers in Arizona. Insist that your attorney has attended.
3. Will you discuss my case with me over the telephone?
An experienced attorney will make themselves available to you as best as possible. If you have a question or need to discuss something that should only take a few minutes, then there is no reason why they shouldn’t be able to talk with you over the telephone. Attorneys often have hectic schedules, so if you need more than just a few minutes make sure to schedule something, whether it be over the phone or in person. No one can be available at every minute, however, if you call and your attorney is unavailable, make sure they return your call in an acceptable amount of time.
4. Are you a member of the Arizona Association for Justice?
The Arizona Association for Justice is an organization of lawyers whose members represent consumers and are dedicated to preserving and protecting the rights of all Arizonans. The Association provides advocacy, continued legal education and public education on behalf of its members and their clients. If these things are important to you, then you should choose an attorney who is a member.
5. Are you a member of the American Association for Justice?
This is the federal counterpart to the Arizona Association for Justice and is also known as the American Trial Lawyers Association. “It is the mission of the American Trial Lawyers Association to provide news, information, and education to attorneys who practice or have an interest in trial work, including civil plaintiff and criminal defense law.” Association membership is extended only to those attorneys who have passed an extensive screening performed by a leading University’s Trial Advocacy Program.
6. Have you ever defended insurance companies against injury claims?
Know who you are hiring. Does you attorney have your best interests at heart, or, does he/she rely on income from insurance companies?
7. Will you evaluate my case for me without cost or obligation?
Experienced personal injury attorneys will handle your case on a contingency basis. Regardless, make sure to discuss all details regarding how the attorney will be paid and how much he/she will be paid.
8. If the insurance company doesn’t offer a fair settlement, are you willing to fight for what is fair?
This is very similar to question #1, many atorneys today do not want to go thru the difficulties of litigation or a trial, however, sometimes cases cannot reach an agreement or a fair settlement without it. When this occurs you need an attorney who is willing to go the extra mile and fight for your rights. Find out if your attorney will fight for you, or, when push comes to shove, if he/she will refer the case elsewhere.
9. Are you a Certified Specialist in Personal Injury and Wrongful Death?
The state of Arizona has an extension approval and certification process for experienced personal injury attorneys. Only those qualified are bestowed the honor of being called Certified Specialists. Make sure that the attorney you are hiring is a Certified Specialist. It can make all the difference in the outcome of your case.
I hope these questions help you to find the right lawyer for you should the need ever arise.
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The Benefits of Obtaining a Criminal Defense Lawyer
If you are in the unfortunate position of being charged with a criminal offense, it is essential that you retain good criminal defense lawyers immediately to preserve your rights. There are many factors that go into a criminal charge, and your defense law firm will have specialist attorneys and staff that are experienced and who can dig deep into any factor that is part of your case.
Criminal charges may be brought against a person for many reasons, from DWI/DUI traffic violations, drug offenses, white collar crimes, and personal injury cases such as assault, theft, or sex crimes. These crimes can involve incarceration and felony charges, and you would need an aggressive defense to reduce or eliminate them on your behalf.
Criminal defense lawyers know the US and Minnesota laws pertaining to these serious charges and can help you. If violence is involved, or threat of violence, or even a hint to cause harm, you could find yourself locked behind bars for years. Criminal charges can be brought for crimes against a person, or a business, or for theft from a person or business. Larceny, robbery, and burglary penalties can vary according to the value of items involved. An aggressive defense is required to defend yourself against unfair charges and extreme sentences.
Much has been in the news lately about white collar crimes, and the damages caused by internal sabotage, insider trading, fraud, computer crimes and embezzlement. What a person may think only hurts a business can actually harm many more humans in the process. A trial for these matters also demands an aggressive defense against harsh sentences.
For drug offenses, unlawful possession, sale, or use of banned substances can result in jail time. Growing, manufacturing, or making narcotics will have similar penalties. These crimes can put you away for decades, as they are serious offenses. Each case is different, but your experienced group of criminal defense lawyers can sort out the details to help you in court and on appeals.
A crime that will restrict your freedom is serious, and having a team of attorneys who will pursue every avenue of knowledge in such matters is exactly what you need when you appear in court to answer the charges against you. A team that knows and has successfully handled appeals on criminal charges may be able to help you. They are aware of court procedures and restrictions and deadlines involved that must be followed to the letter.
You cannot defend yourself against criminal charges. There is an old saying that the person who defends himself has a fool for a lawyer. Do not lose your freedom or rights because you hesitated in contacting criminal defense lawyers. The time to bring in your defense team is immediately, at your first available call. They will go the extra mile for you, no matter how difficult the trial, or the defense seems to be.
When the chips are down, and you stand alone in the courtroom to face criminal charges, you want to know that you have presented the best defense case possible. Your criminal defense lawyers can give you the best chance possible when you are faced with a criminal offense.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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