· If you need to talk with an experienced defense attorney about your case, you’ll be working a lawyer that has the experience that’s best for your situation. Call Mark Bennett. SCHEDULE YOUR 100% CONFIDENTIAL CONSULTATION TODAY. PHONE: 713-224-1747. A Lawyer Specializing in “High-Profile” Cases? Bennett & Bennett, Houston Criminal Defense
 · A court appointed attorney is no different than an attorney you go out and hire yourself, there is an ethical obligation to fight for your interests and protect your rights. You may have noticed that in the case of a court appointed Public Defender they will tend to have a higher caseload, which may mean they are spread more thin, but they are ...
To win on a Marsden motion, the defendant must show that her attorney is providing inadequate representation, or that they have an irreconcilable conflict that would result in inadequate representation. This is a legal standard.
A Marsden hearing is when the judge rules on the Marsden motion. If he grants the motion, the public defender is removed from the case and the judge will appoint an alternate public defender. If the judge denies the motion, then the public defender remains as the defendant's lawyer.
In criminal cases where the charge is a misdemeanor or felony, if the defendant cannot afford a lawyer, the court will appoint one without cost to the defendant. In civil cases, if a party cannot afford a lawyer, they have to represent themselves. There is no right to a court-appointed lawyer in an infraction case.
Advocate but don't argue. Advocate by pointing out any contradictions the judge's ruling may have with legal precedent and the practical impact the court's ruling may have on your case and other similar cases.
A Romero Motion is a request to have a prior conviction that was designated as a strike to be treated as a non-strike so that any sentence imposed for your current offense is not enhanced.
A PC 995 motion to dismiss is a legal motion seeking the dismissal of a criminal case based on section 995 of the Penal Code. It is filed after a “preliminary hearing” in a felony case.
Public Defenders are for defendants who cannot afford to hire a lawyer. If you or the person was released after 72 hours, or the court has reason to believe there is money to pay, then the Judge can deny you a PD.
Felonies are the most serious type of crime and are often classified by degrees, with a first degree felony being the most serious. They include terrorism, treason, arson, murder, rape, robbery, burglary, and kidnapping, among others.
You can request the court for a new public defender. The judge in charge of your case will then switch public defenders on your case. If you are successful, the judge will appoint a new public defender to represent you.
How to Persuade a JudgeYour arguments must make logical sense. ... Know your audience.Know your case.Know your adversary's case.Never overstate your case. ... If possible lead with the strongest argument.Select the most easily defensible position that favors your case.Don't' try to defend the indefensible.More items...•
Unfair Judgment is judging someone unfairly due to profiling or other reasons.
The state supreme court rejected this First Amendment defense in its Aug. 5 opinion in In the Matter of Eiler, writing that “judges do not have a right to use rude, demeaning, and condescending speech toward litigants.”
If you’ve been arrested and can’t afford to hire a private criminal defense attorney, the court will assign an attorney to handle your case. These lawyers work in the public defender’s office and are mandated to defend anyone who has been charged with a crime and is not financially able to employ counsel.
Before agreeing to work with a public defender, a defendant should be aware of the following differences between a private attorney and one appointed by the court:
Unless you simply cannot afford to hire a lawyer, working with a private criminal defense lawyer is always better than accepting a court-appointed attorney.
Almost everybody who hears that you were accused of the crime is going to come to court assuming that you did it. The best thing to do in most high-profile cases is to counteract the negative publicity, and attempt to quiet things down – to make them “lower profile.”
As a Board Certified® criminal law attorney Mark Bennett had endured the rigors involved with earning such a distinction from the Texas Board of Legal Specialization, a body organized by the Supreme Court of Texas to certify attorneys in certain areas of law.
A court appointed lawyer can be better or worse than the lawyer you hire. Many court appointed lawyers are new to the business and because they are trying to prove themselves or get a reputation, might work even harder than a paid attorney. Others are attorneys who cannot sustain their business without the appointments and may be excellent or rotten.
Any attorney can be good or bad, whether paid privately or appointed by the court. An attorney agreeing with the DA doesn't mean he's not doing his job . It means his evaluation of the case is similar. Your attorney's job is to give you the best advice and if his opinion as to the strength or weakness of the case against you mirrors the DA, it's probably accurate. That being said, you are always entitled to hire your own...
If you have been charged with a crime in the state of Michigan, it may be tempting to opt for a court-appointed attorney, also known as a public defender, to represent you. For individuals concerned about significant legal fees, enlisting the help of a court-appointed lawyer may seem like a practical, economically responsible decision initially.
One of the biggest disadvantages of accepting a public defender to represent you is that you have no say in who is assigned to you. Court-appointed attorneys are assigned randomly, and your fate will be up to the luck of the draw.
When your livelihood, reputation, and freedom are on the line, doesn’t it make sense to invest in the very best legal representation? You cannot go back in time if you have a bargain-priced lawyer, and things do not work out in your best interest.
The dedicated, experienced, and zealous defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have successfully represented thousands of clients in the state of Michigan. We have a well-earned reputation for providing high quality and aggressive representation, while showing empathy and care for each client. We will not let you down!
When defendants are arrested, they must be brought before a judge within a specified period of time. This appearance is known as an arraignment or initial appearance. At that time, a judge will ask defendants if they can afford an attorney.
You should not assume that an appointed lawyer will be less capable than a private attorney you pay. Appointed counsel may perform as well as, or even better than, a private attorney, for the following reasons:
If, at any point during your case, you are dissatisfied with your appointed counsel and come up with the funds (perhaps from family or friends) to hire a lawyer of your choosing, you have a right to change lawyers.