i was attacked what type of lawyer do i hire

Full Answer

Should I hire a criminal defense attorney after being arrested?

Hiring an attorney after being arrested is the single most important thing you can do. A qualified criminal defense attorney will help you arrange bail, advise you about your case, and start building your defense. Generally, if you face the possibility of time in jail for your conviction, then you have the right to an attorney.

When should a crime victim hire their own attorney?

If a crime victim feels that their goals and desires are different that the prosecutor’s, they should consider hiring their own attorney. This can help with several factors in their case. Marsy’s Law (also known as the Victim’s Bill of Rights) states that:

What should I do if I’m attacked on the job?

Make sure the medical provider knows you were attacked while on the job. Call the Police: Notify the police, if they weren’t already called to the scene of the attack. Notify Your Employer: As soon as you’re able, tell your employer you were injured on the job. File a Workers’ Comp Claim: Telling your employer isn’t enough.

How do I get a lawyer if I have been arrested?

As soon as you are arrested, you need to start requesting the ability to contact an attorney. If you have to call from jail, you should be given the opportunity to do so. If you are out on your own recognizance or you have posted bail, set up meetings and contact possible attorneys as soon as possible.

What kind of lawyer defends the guilty?

Criminal Defense LawyersCriminal Defense Lawyers Represent Both the Guilty and the Innocent. In the U.S. criminal justice system, a defendant is innocent until proven guilty. The prosecutor must prove a defendant's guilt. Defendants do not have to prove their innocence.

What should you consider when hiring a lawyer?

5 Top Things to Consider When Hiring a LawyerSpecialization. The first thing you should consider when hiring an attorney is his or her area of specialization. ... Experience. Check the track record of the attorney before you hire. ... Location. ... Specifics about Billing and Representations. ... Ability To Convince You.

Can you sue for assault in Canada?

Understanding How Assault Claims Work in Canada. If you've been assaulted, whether it was in a fight or unprovoked, you can sue your opponent for any major injuries you've suffered. These can include loss of income, pain and suffering, and other damages.

Can lawyers defend clients they know are guilty?

Yes. Defense attorneys are ethically bound to zealously represent all clients, the guilty as well as the innocent.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

How do people choose a lawyer?

How do people choose attorneys?Expertise. Of the respondents to the survey who contacted an attorney, 47% said “expertise” was the main factor they considered in determining to whom they'd reach out. ... Reviews. ... Trustworthiness.

Can I get compensation for being assaulted?

If you have been injured following a criminal assault, for example violent mugging, sexual assault or unprovoked attack, you may be able to pursue a claim for damages: Through the Criminal Injuries Compensation Authorities (CICA) Through the courts in a civil claim for damages.

Can you sue someone for hitting you?

A: You can sue anyone for any reason, the real question is whether your lawsuit is frivolous or not. Battery is both a crime and a tort. This means that the person who attacked you can be punished in a criminal court for the crime of battery, and the person can also be sued civilly for the tort of battery.

How is compensation paid to a victim?

The offender makes the payments to the court, which will then pass the money on to you. The court has to make sure that the offender pays the compensation. If you have any questions about this, you should speak to the clerk of the court or the court manager – you shouldn't discuss this with the offender.

Can a lawyer snitch on you?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

What happens if a lawyer loses a case?

If the attorney loses the case, the client is still responsible for legal fees as stipulated in the original retainer contract. Some attorneys may agree to withhold billing until the end of a case, but they will still expect payment regardless of how the case ends.

Can a lawyer refuse to defend someone?

Can Lawyers Refuse to Defend Someone? Lawyers can refuse to defend someone unless a court refuses to grant them leave to withdraw from the matter. Common reasons why a criminal lawyer would not defend someone are if there is a conflict of interest (eg.

What Should I Do if I Have Been Charged with Assault and Battery?

If you have been charged with assault and battery, you should immediately contact a well qualified and experienced criminal defense attorney to guide you through the legal process and help you assert any possible defenses.

What is Needed to Charge a Person with Assault and Battery?

As noted above, the requirements that need to be met to charge a person with assault and battery vary by jurisdiction. Further, the requirements needed to prosecute someone criminally for assault and battery differ from the requirements necessary needed to prove a civil case. This means it is important to consult with your local jurisdicitoon’s civil and criminal statutes before bringing a civil or criminal case against someone.

What is privilege in criminal law?

Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched.

What is victim compensation?

Victim compensation funds are provided through a government program in order to reimburse victims of violent crimes, such as assault or battery, as well as their families for out-of-pocket expenses and medical bills. Every state has some sort of victim compensation program; thus, it is important to look up the requirements for receiving funds ...

What happens when a defendant disproves one of the required elements?

Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What happens if you throw a baseball at someone?

If that baseball ends up hitting that person in the face, would likely be charged with battery or sued for civil battery.

Do you have to have physical contact with a victim to be charged with battery?

Importantly, there is no requirement that the defendant must intend to have made physical contact with the victim for a battery to occur; only that they intended to cause imminent apprehension of fear of physical harm in the victim that resulted in contact.

What Do Criminal Lawyers Do?

Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.

What happens if you can't afford a criminal lawyer?

It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them. It is also important to keep in mind that if an individual is sentenced to jail time, they will not be able to earn an income and may lose a job.

What Do Probate and Estate Planning Lawyers Do?

Probating a will includes distributing property after a decedent, or individual who passed away, under court supervision. Guardianship is when an adult is appointed by the court to care for a minor child or a minor child’s property, such as a trust fund. Emancipation occurs when a minor child is granted certain rights of an adult, such as signing contracts. Conservatorship occurs when an adult is appointed to care for another adult who cannot care for themselves.

Where Can I Find the Right Lawyer?

LegalMatch.com is a fast, free, and confidential online platform to help you find the right lawyer for your case. LegalMatch.com provides attorney-client matching services based on the type of case, type of lawyer needed, and your location.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

What to do if you have been injured in a car accident?

If you’ve been injured in a car accident, find yourself a personal injury attorney. These lawyers are experienced in dealing with insurance companies and helping you obtain the maximum recovery in light of the liability and damages issues involved. Personal injury lawyers don’t just handle car-accident cases. Typically, this is the type of lawyer you need if you’ve suffered a physical injury as the result of someone else’s negligence. Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What are some examples of premises liability?

Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.

What is considered criminal defense?

Criminal Defense Lawyer. Courtroom proceedings are considered criminal in nature (as opposed to civil) when the state (through prosecuting attorneys) charges you with the commission of a crime. If you’ve been arrested, read your Miranda rights, and taken into custody by the police, you need a criminal defense lawyer.

Why should a crime victim hire a lawyer?

For those who are victims of a crime, it can often feel like the criminal justice system is leaving them behind when it comes to addressing their needs and desires for the outcome of their case . Many victims don’t realize that only the defendant will be provided with an attorney if necessary, ...

Why do people hire attorneys?

Hiring an attorney allows him or her to conduct a hearing to facilitate the victim restitution process, and often expedites the results because criminal attorneys understand how the system works better than victims do.

What is the most frustrating aspect of a crime victim's case?

One of the most frustrating aspects of a crime victim’s case is that the prosecutor will sometimes try and cut a deal with the defendant’s attorney to avoid going to trial. This frequently means the defendant will receive a less severe punishment than if they had gone to trial and been convicted.

What is the Victim's Bill of Rights?

Marsy’s Law (also known as the Victim’s Bill of Rights) states that: It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.

What does it feel like to see a defendant get a lighter sentence?

Seeing the defendant get a lighter punishment can, understandably, feel unfair. Watching the perpetrator walk away with only probation or a reduced sentence makes many victims feel that the trauma they suffered has been diminished by the legal system.

What are the common causes of civil cases?

Civil cases are common when: A victim is injured by a drunk driver. A landlord provides inadequate security. A school or business fails to provide a safe environment for students or employees.

Should a crime victim hire their own attorney?

If a crime victim feels that their goals and desires are different that the prosecutor’s, they should consider hiring their own attorney. This can help with several factors in their case.

What is an assault in personal injury?

In the realm of personal injury law, assault is a purposeful act by one person that creates a fear of imminent harmful or offensive contact in another. In legalese, an assault is known as an " intentional tort " when it is made the subject of a civil case.

What is the difference between assault and wrongful act?

A wrongful act (intentional or otherwise) usually requires " damages " (injury or harm of some kind) in order to be actionable, and assault cases are no different. In an assault case, damages can include physical injuries and the cost to treat those injuries, lost income, and other more subjective harm. Here's a breakdown of the different kinds of damages that may result from an assault.

What are the elements of assault?

If you are going to file an assault lawsuit, there are a few main elements you must be able to prove: an intentional action on the part of the defendant. the defendant's intention to cause apprehension of harm, and. your resulting reasonable apprehension of immediate harm.

Is assault a civil liability?

Contrary to popular belief, assault does not always involve some type of physical contact, at least not when it comes to civil liability. The simple fear of a harmful or offensive touching is usually enough for an assault to have occurred; if the touching actually occurs, the physical contact is usually considered a " battery " in civil law, although both claims are often made together. Learn more about assault and battery as personal injury claims.

Did the bat hit you in the head?

In showing you the bat, he accidentally knocked you in the head with it, causing a small cut. In this instance, no assault occurred. There was no intention to cause fear of harm, you were not apprehensive and, in fact, you consented to touching the bat.

Is assault a crime?

Most people likely think of "assault" as a crime, but it's also the kind of wrongful act that can form the basis of a personal injury lawsuit. Here's what you need to know.

Does liability insurance cover assault?

That's because no liability insurance policy will cover an intentional act like assault, so only the defendant will be on the financial hook. If you sue a defendant who has little in the way of assets, you'll soon find out that winning money in court isn't the same as collecting it.

How to talk to a lawyer in jail?

Ask to make a phone call. Once you are booked, you should tell a jail guard that you want to talk to your attorney. You need to be explicit. Say, “I want to talk to a lawyer. Can I make a phone call?”

What to do after being arrested?

A qualified criminal defense attorney will help you arrange bail, advise you about your case, and start building your defense. Generally, if you face the possibility of time in jail for your conviction, then you have the right to an attorney.

What to do if you can't reach someone in jail?

If you can’t reach anyone on the first call, ask the guard if you can make another call. Generally, they will let you make as many calls as you need to arrange an attorney so long as you have been behaving yourself after getting arrested. Each jail has a different policy.

How to find a criminal defense attorney?

Depending on what you have been charged with, you may be able to find an attorney who works solely on your type of case. This specialization can be an incredible advantage for you as these attorneys will have a wealth of experience dealing with the particulars of your type of case. To find a specialist you can look through attorney websites and other resources. Additionally, some states offer specialization designations for attorneys who show competence in a particular area of the law.

What to do when you trust someone on the phone?

If you trust the person you call, have them contact an attorney for you. Say nothing else to your friends or family. For example, don’t start talking about the crime. Often, the police record the conversations people have using the phone.

What to do if you are arrested for a crime?

Figure out if you need a criminal defense lawyer. If you have been arrested for allegedly committing a crime, you need to contact an attorney as soon as possible. Whether you were arrested for a minor criminal violation (e.g., state law possession of marijuana) or a serious felony (e.g., federal terrorism charges), a lawyer will help you negotiate with prosecutors, represent you in court, and ensure you receive a fair trial. Even if you do not end up hiring an attorney to represent you, they can still help you understand the charges against you.

How to determine if you are being charged with a state or federal crime?

To determine whether you are being charged with a state or federal crime, ask for clarification. Additionally, if you have paperwork with information about your charges on it, look at that. If the legal citation is to the United States Code (e.g., U.S.C.), you are being charged with a federal crime.

How to get help for a job attack?

Get Medical Care: Get immediate medical attention for your injuries. If you aren’t taken directly to the hospital or urgent care, get a medical evaluation as soon as possible. Don’t wait a few days to see if you’ll feel better later. Make sure the medical provider knows you were attacked while on the job.

What to do after being assaulted at work?

No matter if you knew the person or you were assaulted by a stranger, one of the first things to do after a workplace assault is to contact the police and file a criminal complaint against your attacker. In most cases of assault at work, there are enough witnesses (coworkers or customers) to give the police probable cause to arrest the attacker under criminal charges.

How to notify your employer of your injury?

Notify Your Employer: As soon as you’re able, tell your employer you were injured on the job. File a Workers’ Comp Claim: Telling your employer isn’t enough. You have to file your worker’s comp claim before your state’s deadline. Your employer should give you a claim form and instructions.

What happens after an assault at work?

Protect your rights after an assault at work. In addition to workers’ comp, your employer and the attacker may be liable for your damages.

What is the fourth category of workplace violence?

Personal relationships. The fourth category of workplace violence, personal relationships, almost always targets women. When you’ve been violently injured on the job, you have a right to expect compensation for your medical bills, lost wages, and more.

Can you be covered for assault on your employer?

If you were performing duties on behalf of your employer when the assault occurred, you could still be covered even if you were off-the-clock.

Can an employer file a personal injury claim against an employer?

If the employers’ gross negligence contributed to the assault, or the employer failed to carry workers’ comp insurance, the injured worker has the right to file a personal injury claim against the employer. Most courts provide an opportunity for victims of violent crimes to seek restitution from the attacker, or at least give a victim impact ...