Category: Criminal Defense Lawyer

How to Effectively Win A Case as Criminal Defense Lawyer – Guest Post

January 11, 2022 (updated July 21, 2024)

A criminal defense lawyer reviews the entire case and then selects the best criminal defense strategies. Given that not all criminal defense lawyers are the same, the most ideal one will consider all elements, then the case theory—a tactic that can effectively win a case.

The actions are taken, together with the legal arguments, to obtain the freedom and release the defendants from criminal charges. The lawyer has to prove these, along with all the flaws and doubts of a criminal element, beyond any reasonable doubt.

Do you want to learn about the different strategies being used to win a case from a criminal defense standpoint? Read on.

By Accident

A majority of offenses under the penal code include willful offenses, meaning the violator intentionally commits the crime. If your criminal lawyer can present that the committed act is just an accident and not intended, then there may be a considerable defense against the accused. This even works for a first-degree murder charge.

Most of the time, this tactic works; however, the entire case greatly depends on your criminal lawyer and how they will present the case.

Incorrect Identity Accusation

The main source of incorrect accusations is incorrect witness identification. This happens when your description is the same as a criminal culprit. Or perhaps, when the witness thinks that someone has committed the crime because of certain circumstances. Another probability is when the witness is trying to cover the crime they have committed.

Immediate Danger or Coercion

There is a certain situation when someone commits a crime out of self-protection due to immediate risk of harm and that is their only option. As they made such a decision under coercion or duress, the actions will not be deemed a crime. Your lawyer will present the case in a way it will showcase that the imminent danger is on you, and in order to protect yourself from the threat, you have committed such a crime.

Beyond Any Doubt

The burden of proof should be higher if the consequences are more serious. The criminal conviction includes losing your liberty in prison, so all the highest standards are applicable. In this case, the judge or the jury must have a moral assurance that the defendant is indeed guilty beyond unreasonable doubt.

In addition, all evidence has no explanation or any rational conclusion apart from the defendant having committed the crime.

An Alibi as a Form of Defense

An individual cannot be present at two dissimilar places at the exact same time. Therefore, if your lawyer can show proof that you are present somewhere else when the crime happens, then you can be considered not guilty. In the criminal defense lawsuit, this is the most common criminal defense tactic.

Entrapment Practice

If you’re a law-abiding citizen and you commit any offense because of intimidation or coercion, then entrapment normally occurs. This usually happens with various police operations which mostly involve undercovers. A good lawyer sets the entrapment for child pornography, prostitution and drug crimes as a defense in court.

Law Enforcement Official Misconduct

Some law enforcement officials are, unfortunately, guilty of misconduct during the investigations. In case the police official commits a mistake, they will usually cover them up during the preliminary investigation. Or they can be so persuasive that a suspect is guilty that they ended up misconducting to come up with a stronger case. However, if your criminal lawyer is clever enough to identify such misbehavior and counter this, your case can then be dismissed.

False Admissions

Under different mental strategies, law enforcement officials are known for forcing false confessions from innocent suspects. If worse comes to worst, they even try starvation, sleep deprivation and other forms of physical threats. Juveniles, specifically, are highly vulnerable when it comes to coercion.

If your criminal defense lawyer can showcase the evidence of coercion, then the case can be developed because the admission can be discarded, along with the evidence exclusion.

Necessity

The legal defense of ‘necessity’ is possible when any type of criminal conduct is only done to avoid more serious danger. You may be dismissed from such a charge in case you or any other person believes they are in harm. Committing the criminal act is the only reasonable alternative. Nevertheless, the necessity of committing the crime has to be proven in court, and the only person who can prove this is your criminal defense lawyer.

Involuntary Intoxication

Most criminal laws need ‘specific intent’ in order to commit crimes. If you were involuntarily inebriated, that is a complete defense to almost all crimes, generally. For example, someone slips a drug into your drink causing you to become intoxicated, or if a physician prescribes you a certain drug without disclosing any side effects.

Your defense lawyer can claim involuntary intoxication, only, if you did not voluntarily take any drugs or alcohol.

Takeaway

A good criminal defense lawyer will try all possible means to prove that you are innocent. These are just some of the strategies they can use to convince a judge or jury and cause them to declare minor fines or imprisonment, or even complete dismissal of charges.

5 Winning Reasons Why You Need A Criminal Defense Lawyer – Guest Post

December 28, 2021 (updated July 21, 2024)

You’ll never know that you need a criminal defense lawyer until you actually need it. Yes, that might sound harsh but it’s a fact for most people here in the United States. You can be wrongly accused of a crime and forced to face a criminal charge that you’re not guilty of.

The right defense lawyer can address, justify, and stand up on your behalf to beat these charges. In this article, we’ll show you different benefits of having a defense lawyer or a sex crimes attorney to help you handle your case.

What is a criminal defense lawyer?

An attorney who specializes in defending a crime and represents those who are accused. They can be a public lawyer who’s paid by the government or private lawyer who’s paid by the defendant. Your defense lawyer should know the ins and outs of your criminal cases to make sure he or she can easily know the factors that can be used to remove any charges relating to your alleged crime.

Additionally, a criminal defense lawyer is the person in charge to research the facts, investigate the case against you, and try to negotiate deals with your prosecutors. We’ll get to know more details regarding the deals below.

5 Reasons Why You Need to Hire a Criminal Defense Lawyer

The United States Law will not require you to hire a defense lawyer and represent yourself to the trials. This is called self-representation or Pro se. However, we can all agree that being represented by a professional is always the best option. You can choose to hire a private attorney specializing in your case. Otherwise, the government will provide a public defender for you.

Listed below are the importance of a criminal defense lawyer.

1. They are expert in the law and justice system

Lawyers have spent years studying law and more years being exposed to different cases. Hiring an attorney gives you an immediate guide through the court process. They exhaustively know the law and use this to defend you stronger.

The justice system in every country is more complicated than just filing a case, winning or losing it, and facing its consequences. As you know now, it’s not a one way street. A criminal defense lawyer does most of the work for you – researching, handling paperwork, negotiating with prosecutors, and more.

2. They can protect your future

Imagine not winning your case, it will do more than just harm your reputation. When you’re proven guilty in an alleged sexual crime, you have to be prisoned for a minimum of 2 years depending on your case. If not, you can experience limitations in where you can go, what job you can apply for, and pay extra high fees to cover the settlement.

Hiring a defense lawyer can minimize the charges pressed against you and fight to win your case. This way, your record remains clean and the case will have lesser impact in your life.

3. It will save you time and money

Did you know that oftentimes, crimes don’t go to court but are settled and resolved through pre-trial process? Depending on the alleged crime and how your case is handled, you won’t have to spend so much time and money defending. Cases and court trials can be exhaustive whether or not it’s governed incorrectly so your lawyer’s expertise will speed up the process.

People also sometimes settle for public defendants to save money. However, this may result in being charged more especially if your defendant is not expert in the field and handles other clients aside from you.

4. Help you negotiate favorable options

Being jailed is not always the consequence when proven guilty. Your lawyer can help you negotiate your options from reducing charges against you, penalties you have to pay, to possible dismissal of your case.

This can easily go unnoticed if you’re not an expert in the area. So, hiring a criminal defense lawyer helps you understand all the potential and sentences you’ll have to face when convicted.

5. Gives you emotional support

It’s hard to get emotional support when alleged with sexual crimes. We know how sex offense charges can cause emotional damage to a person. A professional lawyer will not judge you based on the allegations placed on your head but provide support throughout the procedures. You can comfortably discuss your side of story, fears, and insecurities without the feeling of being judged.

How to Hire The Best Lawyer

As we always say to our clients, settling for a mediocre sex crimes attorney will give you a mediocre result. Having just any lawyer won’t cut it. If you’re charged with a crime, you don’t want to get somebody who just knows their way around. You want somebody who can defend your case even when their eyes closed.

The first thing you should check for a lawyer is their expertise or specialization. It won’t hurt to see if they have enough credentials to back you up in your case. A specialized lawyer cuts the process of consultation with other lawyers.

Next, you want your lawyer to be effective and efficient in communicating – not only in court but also with you. They should be able to explain to you the legal terms or technicalities especially if you don’t have background in this field. You can see how they respond or communicate by taking free consultations.

Last but not the least, by reading testimonials and reviews. You’ll learn a lot about the attorney or firm you’re eyeing by how their previous clients talk about their service. Only confirm that the testimonials are true – by checking legit sites like Google Reviews or Yelp.

Conclusion

Your criminal defense lawyer can make or break your case. Therefore, hiring the best lawyer who understands your charges, justice and law systems, and procedures will benefit you from suffering a greater loss.

Nicole Blank Becker of Blank Law, PC has been both a prosecutor and defendant for 20 years. She’s an expert in the field of sex crimes and criminal sexual conduct cases and the best in this field in Michigan. Should you need to get a free consultation with the best sex crimes attorney in Michigan, visit https://nicoleblankbecker.com/.

A Guide to Hiring a Criminal Defense Lawyer in Orlando- Guest Post

July 30, 2021 (updated September 24, 2024)

Whether you are facing charges for drunk driving, fraud, murder or anything illegal, hire a licensed criminal defense lawyer in Orlando to get all possible help.

A knowledgeable attorney will benefit you in several ways. Starting with taking care of the paperwork so that the documents are filed properly. These trained professionals are well-versed with criminal laws and various loopholes that can work in their client’s favor.

With countless criminal defense lawyers out there, it is baffling to decide on the right one. How do you know whether someone is worth trusting for such a massive job of defending you? Fortunately, in this article, we have curated a detailed guide to making an informed decision that you will be proud of for many years to come.

So, read on as we learn about hiring a criminal defense attorney:-

#1 Learn About their Qualification

The first and foremost question is about their education. The year when they completed the degree, how many criminal cases they have defended, the type of criminal cases they handle the most, in which courts they have defended so far and many more.

Find about any awards and achievements they have been conferred with. It will give you an insight into how much you can count on the attorney.

#2 Do They Have Courtroom Experience?

One of the crucial facets to look into when deciding on a criminal defense lawyer is their courtroom experience. The criminal court trials move fast. There are often times, a lawyer has a second or two to make an objection that significantly impacts your case’s outcome. It is imperative to ensure that your attorney has enough courtroom confidence. Also, well-aware of the rules to strongly defend you in court.

In this regard, you can easily judge a book from its cover. Is your defense lawyer well-spoken and has a neat appearance when you meet them? They’re likely to behave the same way in court.

All this will contribute to the chances of you winning or losing the case in the court.

#3 Have You Checked Reputable Sources?

You can learn a lot about your potential criminal defense lawyer through sources Some of the sources are reputable, and others not.

Do check the State Bar of Orlando to see if your criminal defense attorney has any formal discipline on their record. It is a reliable source to check, but you should not stop here.

Several other top-rated reputable sources such as Google+ and Facebook to determine the credibility of your prospective criminal defense lawyer. These sites display genuine customer reviews, and attorneys can not remove the bad reviews about them.

Unlike other sites, these platforms won’t let criminal defense lawyers paint a rosy picture for their upcoming clients.

While, you should not count out an attorney just because of one bad review. However, reviews give a general idea of what previous clients say about your prospective criminal defense lawyer.

#4 Do They Have a Clear Fee Structure?

A reputed criminal defense lawyer often doesn’t confuse their clients with their bills. Instead, they will clearly explain the terms and conditions about how they are going to bill. They will also give a rough idea with regards to the total cost for your legal representation.

Your criminal defense attorney should be honest and transparent to explain the legal fees upfront. Plus, be ready to take questions to clear all your doubts right away. Some lawyers charge on an hourly basis or flat fees.

While hiring a cheap attorney is easy, you can’t expect favorable results. Before inking a contract with your potential attorney on an hourly basis, you should ask for how many hours you expect to pay for.

No matter what type of fee method you agreed on, it is highly advisable to obtain proof in writing.

Trust Your Instincts

With so much at stake, it’s worth your time and efforts to locate a dependable criminal defense lawyer in Orlando to defend you in the court. Do comprehensive research over the Internet. And, personally interview before you decide whether to hire them or not.

Don’t feel timid to ask queries. Take recommendations from your friends or those who have recently hired a criminal defense attorney.

Question #1: What Is Your Background?

You want to make sure the attorney has defended people who are facing similar charges to yours. Therefore, you should ask the attorney for their background. You might want to avoid an attorney who has not tried many cases that are similar to yours or if they are new to criminal law. The more experience an attorney has, the more likely the attorney will understand how different judges operate. They will know the process and the correctional facility personnel. The ones with less experience will have to build these relationships and knowledge of judges. This will make the difference when your case is heard.

Question #2: What Is Your Approach?

Every attorney has his or her way of doing things. You need to know whether the attorney is a good fit for you. Therefore, you want to ask what their approach to different types of cases is. If you agree with that approach, you can choose that person. However, if the approach doesn’t match your thinking, you might want to pick a different attorney. You also might not like how they approach you as the potential client. You want attorneys who will make you feel calm and not stressed. You want an attorney that makes you feel confident in his or her abilities. You want an attorney who will put your needs and fears first. Attorneys should approach you with the temperament that matches the seriousness of the charges and your personality.

Question #3: What Is the Cost?

Whether your criminal defense attorney will meet your needs depends on many factors beyond the fee to retain counsel. Still, it is an important question to ask. Some defense attorneys are out of your reach financially. Knowing whether you could afford to hire an attorney is helpful information. However, you might be facing a case where one or two attorneys specialize. In that case, you won’t have many options on the fee. You also might want a particular attorney because the person’s style and personality match yours. This would be a case where you would pay the fee regardless of the cost. In most cases though, the cost is important and must be known before picking an attorney.

Question #4: How Are Fees Accepted?

You will want to know how payments are accepted. Some criminal defense attorneys are willing to spread the fee over monthly payments. Others prefer to have their payments through the half at the beginning of the case and a half at the end of the case. You might meet attorneys who could accept payments through new technology while others wish to have a credit card on file. However, your attorney accepts payments and will determine how much money you need to have to retain counsel. You might have to ask for help or get a loan. Asking this question upfront will help you plan your financial strategy.

Author bio: Criminal Defense Lawyer, Lynne Torgerson Esq. has nearly 30 years of experience in law.

She can handle all criminal charges, gun rights, all felonies, gross misdemeanors, and misdemeanors, throughout the State of Minnesota including the Twin Cities of Minneapolis / St. Paul. Ms. Torgerson, Esq., graduated from the University of Minnesota with a double major, with degrees in political science and psychology. Follow Lynne on Twitter @lynne_torgerson.

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