how to finda criminal lawyer for plaintiff

by Dr. Melyna Block Sr. 9 min read

How do I find the right criminal defense attorney for me?

When people who have been injured or wronged have nowhere else to turn, they turn to a plaintiff’s attorney. A plaintiff’s attorney is a lawyer who represents individuals who have been harmed physically or financially. They fight for the rights of the “little guy” against the powerful.

Who is the plaintiff in a criminal case?

YouTube. The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer ...

What does a plaintiff attorney do?

Aug 29, 2017 · If you want superior representation and there is no room for errors and false promises in your defense, call us today, and we will find a way to help you. Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.

Will my attorney explain pleadings to me?

If you are a criminal defense lawyer or a prosecutor who is interested in learning more about what it takes to go out on your own as a plaintiff personal injury law, check out Sign Up To Settlement, A Personal Injury Boot Camp. Here’s the link: signuptosettlement.com/bootcamp.

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What is a plaintiff's attorney?

A plaintiff’s attorney is a lawyer who represents individuals who have been harmed physically or financially. They fight for the rights of the “little guy” against the powerful. Plaintiffs' attorneys typically take on corporations, insurance companies, hospitals, business interests and even governmental organizations.

What are the damages of negligence?

These damages may include medical expenses, lost wages or income, pain and suffering and loss of enjoyment of life. These people did nothing to deserve the suffering they have endured.

What happens if you don't pay out of pocket?

The injured individual pays nothing upfront and nothing out of pocket. If there is no financial compensation in a case, the individual pays no attorney’s fees. This contingency fee arrangement gives average people access to the justice system.

Does a complainant or victim have the ability to drop charges?

In criminal cases, alleged victims are often known to the defendant, not the plaintiff. In domestic violence cases, the defendant is frequently related to the complainant or in a dating relationship. In an embezzlement case, the defendant is the employee of the complainant.

What if the complainant or victim wants charges dismissed?

Most prosecutors have no regard whatsoever for the wishes of the victim or complainant. On the other hand, some prosecutors will factor in the complainant’s wishes when deciding what plea bargain or sentence to offer the defendant or if a dismissal of charges is appropriate. Dismissals under these circumstances are few and far between in reality.

Complainant or Victim Seeing to Help or Hurt the Defendant

If you or someone you love is charged with a felony or misdemeanor offense and the complainant or victim desires or is trying to affect the charges for or against you, the sooner you realize that you need professional help, the better. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C.

What is a small claim?

Small claims are one type of civil case. The person starting the civil law suit is called the plaintiff, while the person against whom the civil suit is brought is termed the defendant. In a case called "Jones vs. Garcia," Jones is the plaintiff and Garcia is the defendant. There can be dozens or even hundreds of plaintiffs making claims ...

What is a claimant in a civil case?

In England and Wales, the person bringing a civil case is termed a claimant instead of a plaintiff, but in the United States, claimant means someone claiming coverage from an insurer outside of the court process. Read More: Ways to Dismiss a Civil Case.

Who is the plaintiff in a civil case?

The parties in a civil case are called the plaintiff, who brings the suit, and the defendant, who is being sued. In a criminal case, a prosecutor from the district attorney's office, representing the state or federal government, brings criminal charges against the accused, also termed the defendant.

What is a criminal case?

Criminal cases are different animals. They are never brought by private individuals, but always by a prosecutor, district attorney or some other agency representing the people. That is why criminal cases have names like "People vs. O.J. Simpson.".

What is the job of a prosecutor?

Rather, it is the prosecutor's job to handle criminal cases for the state or federal government. In a criminal case, the prosecutor is trying to prove beyond a reasonable doubt that the accused, also called the defendant, committed a crime. The crime might be a small one, like vandalism, or a large one, like murder.

Christopher John Gansen

This is tough to answer as a hypothetical, there are any number of reasons. If you have a specific question, why not just tell us what happened and ask it?

Lars A. Lundeen

All of your assumptions are plausible..#N#Legal Disclaimer:#N#If this information has been helpful, please indicate below.

C. Zadik Shapiro

In addition to what m colleagues have said there are many reasons a victim may not want to testify and may hire a criminal defense attorney to protect their rights.

Ajay Mohan Kwatra

Speculation is fun but not relevant to the facts of the case, whatever those are.

Robert C Collins II

It's not that unusual. For instance, the police officer may have incorrectly given the injured person (plaintiff) a traffic violation. If the injured person's attorney doesn't handle traffic ticket cases, then he would recommend the plaintiff hire a defense attorney to fight the ticket.

Jay Scott Finnecy

Maybe the criminal defense attorney also practices personal injury law? Who knows why people do what they do. I've FLAGGED your question for removal by AVVO staff. I'm concerned you might be posting from Huntington Beach... (Diane Kaneko?).

Brian Russell Michaels

It would be utterly speculatory. As my other colleagues mentioned those of us who primarily take criminal cases do also from time to time take PI cases. We are, of course, more seasoned trial lawyers....

Why is it important to exclude evidence from a trial?

Excluding evidence from a trial can harm the prosecution’s case and make it much harder to get a conviction. In many cases, if crucial evidence is excluded then the prosecution is forced to dismiss the case. Veteran criminal trial lawyer Don Nguyen explains how to win these arguments in the section below, Exclusion of Evidence in Criminal Trials.

What is a motion to dismiss?

A legal “motion” is a request. It is usually given to the judge on a criminal case. One of the most powerful legal motions is the Motion to Dismiss. If this motion is granted, then the case is over and the client should be immediately released.

Who is the best trial attorney in California?

With more than two decades of criminal defense experience, Mr. Nguyen is one of the best trial attorneys in California. He routinely uses his knowledge of the law to aggressively argue cases for his clients. He has successfully had many cases dismissed by the court, and he has also achieved not guilty verdicts for clients who were facing serious criminal penalties.

What is the role of a jury in a trial?

Explaining Client’s Innocence to the Jury. In most trials, a jury decides whether a person is guilty or not. Therefore, one of the most important tasks of a trial lawyer is to demonstrate why the jury should vote for “not-guilty.”.

What is a 995 motion?

One of the most common dismissal motions is the Penal Code Section 995 Motion, which deals with insufficient evidence presented at the preliminary hearing. To see whether this might apply to your case, you can speak to one of the attorneys at Spolin Law P.C. (310) 424-5816. How to Win a Criminal Trial.

What is a motion to exclude or suppress evidence?

Another motion that your attorney may submit to the court is a Motion to Exclude or Suppress Evidence. This is typically done during the pre-trial phase of the case. It asks the court to ignore or throw out one or more pieces of evidence based on specific legal reasons.

What does a trial attorney do?

Your trial attorney needs to both know the law and act as psychologist – knowing how to convince the jury that the defendant is not guilty. In a criminal trial, you don’t have to prove your innocence. You have to show that the prosecutor can’t prove beyond a reasonable doubt that you’re guilty.

What are the legal papers filed in court?

The legal papers that are filed in court at the beginning of a lawsuit are called "pleadings." Your attorney will explain pleadings to you in the particular context of your case, but the summary that follows will give you a head start in understanding some of the many documents that may become a part of your civil lawsuit. Please note that some states have different names for some of these documents.

What is the first document filed in a lawsuit?

Usually the first document filed in a lawsuit is the Complaint (or Petition), which provides an outline of the plaintiff's case against the defendant. The Complaint is a document that identifies the parties involved, sets out the legal basis for the court's jurisdiction over the controversy, states the plaintiff's legal claims, and relates the facts giving rise to the claims. The Complaint will also contain a section called a demand for judgment or prayer for relief. Here the plaintiff will set forth what he or she wants the court to order the defendant to do -- such as pay damages or take (or cease) a certain action.

What is summons in court?

The Summons is an order from the court where the lawsuit will be heard or "litigated.". It notifies the recipient (the "defendant" in the case) that he or she has been sued, refers to the Complaint or Petition, and sets out the time limit within which the defendant must file an answer or seek to have the case dismissed.

What happens if you don't respond to a lawsuit?

It will also describe the consequences of failing to respond in a timely manner: the case may be decided without the defendant and he or she may be bound by the result even without participating. Failing to respond to a lawsuit on time will cause a defendant to be "in default.". The Summons is usually a form document.

What is the legal term for summons?

The legal term for this is "service of process.". The Summons, properly served, gives the court power or "jurisdiction" over the case and over the defendant. That means the court may make decisions about the controversy described in the Complaint, and decisions affecting the defendant with respect to the controversy.

What is the answer to a complaint?

The defendant's response to the Complaint is called an Answer, though some states use a different word for this document. The Answer will address each paragraph in the Complaint, and each response will ordinarily take one of three forms: "admitted," "denied," "insufficient knowledge to admit or deny." An answer may also set forth various affirmative defenses, which are legal reasons why the defendant should not be held liable for the plaintiff's damages. Some of these defenses may also be the basis of a motion to dismiss.

What is a counterclaim in a complaint?

Counterclaim. If a defendant has his or her own claim against the plaintiff, one which arose out of the same circumstances as those that led to the Complaint, it should be raised in the Answer in a section titled "Counterclaims.". The Counterclaim will be written in a manner similar to the Complaint.

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