what if they didnt have a lawyer

What to do if your lawyer does not do what you want?

May 18, 2020 · An attorney must act with reasonable diligence and promptness when representing a client. To that end, the attorney must be careful not to have a conflict of interest in the matter or with clients. Further, the lawyer must consult with and reasonably inform the client of information related to the legal matter at hand.

What happens if a lawyer refuses to take a case?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What happens if you break a law you never know about?

Feb 07, 2022 · It Wouldn’t Matter. Lawyers have already experienced a huge leap in efficiency and productivity through the development of the personal computer, email, word processing software, and the internet. Word and email have taken them on massively since the days of using couriers and fax machines. If your reference point is the early 1980s, then ...

Can you be arrested for breaking the law without knowing it?

May 03, 2012 · What you need is an attorney to evaluate the evidence that the prosecution claims they have. Hiring private attorneys for murder cases is very unusual because they are very expensive to defend. If you can't afford an attorney, then the public defender will represent him. I wish you both the best of luck.

What would happen if we didn't have lawyers?

As we have seen, even without lawyers, there would still be rules, unless the world also descends into anarchy. In fact, you would be forced to become something of a lawyer yourself, studying the laws that have been broken when an injustice is done against you so that you can present your case in a court of law.Jan 28, 2019

What is it called when you can't afford a lawyer?

When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person.

How much is a lawyer?

You can pay anywhere from $50 to thousands per hour. Smaller towns and cities generally cost less while heavily populated, urban areas are most expensive. The more complicated the case and the more experienced the attorney, the more you'll pay. Lawyer fees can range from $255 to $520 per hour.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

Why do you need an attorney for murder cases?

What you need is an attorney to evaluate the evidence that the prosecution claims they have. Hiring private attorneys for murder cases is very unusual because they are very expensive to defend. If you can't afford an attorney, then the public defender will represent him. I wish you both the best of luck. Report Abuse.

What happens if a person is convicted of a crime that depends on the facts presented in court?

Then it is up to the jury. Report Abuse. Report Abuse.

What happens if the DA thinks there is evidence to convict?

If the DA thinks that there is evidence to convict they will charge the suspect with the crime. If the DA wants to pressure a suspect into pleading to a lesser crime they can still charge the suspect with the crime. Without having the case go to court you cannot know what evidence the DA may have. If a person is convicted of a crime that depends on the facts presented in court, the attorney for the defense and the attorney for the state. Then it is up to the jury.

Can you be charged without evidence?

No. But your idea of no evidence is probably not the same as the legal standard the courts use. He wouldn't even have been charged without some evidence. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases without a reason to do so. If they arrest a person, they think they can convict him. He'll get a chance to fight and challenge this through motions, preliminary hearings and trial. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

Can a D.A. charge anyone?

The D.A. can charge anyone with anything. But, for a felony charge, he must be able to convince a magistrate at a preliminary hearing that there is sufficient evidence to hold the defendant to answer on the charges (i.e. warrant bringing him to trial). To be convicted, the prosecution would have to prove each and every element ...

Can a husband be charged for a murder?

I have handled many, many murder cases. Your question is more difficult to answer than you might think. The short answer is that if there is truly no evidence to connect your husband with a murder (homicide victim), then he should not be charged and he cannot be convicted. But just because there may be no eyewitnesses, no weapon located, and no DNA does not mean that he cannot be charged and convicted. For example, if the cause of death is a gunshot wound, the manner of death will undoubtedly be determined to be a homicide. The DA will be able to put together enough other facts and circumstances to say it is a murder (intentional killing with malice). Typically, the police do an investigation that leads them to a suspect. They will question that suspect. I cannot tell you how many times, when that suspect gives a statement to the police, he/she ends up giving the police enough evidence to charge and convict him/her of murder. Sadly, in most cases, the accused gives a statement to the police. It is almost always his/her downfall. If you have read any of my past articles you will eventually see where I have advised strenuously against speaking to the police if you are suspected of being involved in the crime - any crime. In the vast majority of cases, you are going to incriminate yourself. I don't care how innocent you may be, or how smart you think you are, the cops are smarter at what they do. They will eventually get you to say something - something about which you may not be aware is incriminating - that will incriminate you. The best, and only thing to do, is to remain silent and ask for a lawyer. Even this will usually not deter the cops from trying to get you to voluntarily waive your rights; they are very shrewd, especially homicide detectives. So, in our scenario here, a victim of a fatal gunshot wound, and an accused incriminatory statement may be enough to charge and convict a person without any other evidence. Your husband really needs the assistance of a qualified criminal defense lawyer. If he is truly innocent, the more he needs one. If he gave a statement to the police, get one yesterday. I hate to tell you this, but if he was arrested and charged there is evidence, some evidence, believe me. I hope you and he take heed.

What can a criminal defense lawyer do?

A trained criminal defense lawyer can help you determine if you will be able to use the honest mistakes or ignorance of details regarding your case to defend yourself in a situation where you did not know about a law.

How often do new laws come into effect?

Every year in the United States thousands of new laws come into effect on federal, state, and local levels. With all of the existing laws, plus all of the new laws each year, expecting someone to know and remember every single one on the books is not reasonable. For example, frequent travelers may not know all the laws of every location they visit, ...

What is mistake of fact?

Mistake of fact refers to a person misunderstanding the facts of a situation. Basically, you did not completely understand the details and conditions around the criminal activity you are alleged to have performed. Mistake of fact can be used as a defense in a criminal court of law if the mistake is reasonable and not outlandish.

What happens when you leave a business meeting?

You are in a business meeting and you have your laptop with you. When you leave the meeting, you accidentally take a similar looking laptop. You did not realize you had the wrong laptop and did not intend to deprive the other person of their possession. You made an honest mistake.

Is ignorance of the law a defense?

There is an old saying that, “ignorance of the law is no defense”. So, technically, saying that you didn’t realize you had done something wrong, because you didn’t know there was a law against it, is not a valid defense in a court of law. However, there is something called “mistake of fact” that a good criminal defense lawyer can use ...

Can you break a law without knowing it?

However, there are instances where people can break a law without realizing it. They are not aware that the law exists, so they do not know they are doing anything wrong. Unfortunately, you can still be arrested, charged, and potentially convicted of crimes where you broke a law you never knew was a law.

Can you say you didn't know about a law?

In most cases, you cannot say that you didn’t know about a law in order to be excused from any charges brought against you.

What to do if your lawyer isn't there?

15 minutes later, if your lawyer isn’t there, the judge will adjourn and instruct the court’s clerk or registrar to contact the lawyer by available means (phone, fax and e-mail) and tell the lawyer that they had better get down there PDQ if they don’t want a contempt citation.

What to do if your lawyer doesn't know how to get this fixed?

If your lawyer doesn’t know how to get this fixed, or for whatever reason doesn’t want to, you need to get another lawyer. If there is a warrant out for your arrest, and it isn’t your fault, you need to ensure that it is dealt with as soon as possible.

What does the clerk tell the judge when the attorney is out of the courtroom?

The attorney will typically advise the clerk that they're in the building, and if they're not there when the case is called, the clerk will tell the judge that the attorney has checked in but is out of the courtroom, and the judge will just move on and come back to the matter later.)

What happens if my attorney doesn't appear at a court hearing?

If your attorney has filed an appearance in the case, but does not appear at a scheduled hearing, the court will be upset with your attorney , but hopefully not at you.

What to do after filing a grievance?

If your case suffered significant damage, contact an attorney who handles legal malpractice cases to see whether you have a viable claim. Most attorneys will meet with you for free initially to evaluate your case.

What to do if your attorney is a sole practitioner?

If that fails, or if your attorney is a sole practitioner, in the U.S. you can file a complaint with the appropriate state bar association if this is a state case, or with the federal bar if it’s a federal case. If you have suffered actual damage that cannot easily be repaired, a last resort would be to contact another attorney in your jurisdiction ...

What happens if you don't go to court?

And if you don’t go to court, and if your attorney doesn’t either, the court will probably issue an arrest warrant. (The only real alternative for the judge is to issue a summons instead, and they don’t usually have time to play.) If so, then the next time you have police contact, you will be taken into custody.

Is mistake of fact a defense?

Mistake of fact is often a viable defense to criminal charges, but in most states it's not when statutory rape is involved. For more on state of mind in criminal cases, including an example of ignorance of law as a valid defense, see How Defendants' Mental States Affect Their Responsibility for a Crime. Talk to a Lawyer.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

Is ignorance of the law a defense to criminal charges?

As judges like to say, ignorance of the law is no defense to criminal charges. There are exceptions, but the overwhelming majority of crimes don't require that the defendant know that his or her conduct is illegal. As generally applied, this tenet is uncontroversial.

Is a mistake of fact defense more likely to be a defense?

People charged with crimes often argue that they were mistaken not as to the law, but as to the facts. Factual mistake is more likely to provide a viable defense than legal mistake. But not all crimes lend themselves to a mistake-of-fact defense. For example, those charged with statutory rape commonly assert that they didn't know their partner ...

What happens if you find an old will?

If you have found an “old will” – and it was not revoked by your parent – it is the will that will be probated. Check to see if mom or dad had a safe deposit box. The will may be in the safe deposit box. This poses a particular challenge because the authority to get into the safe deposit box may be in the box.

What happens if my mom dies without a will?

Since there is no will, you will need to bring a petition under the laws of the state where mom died (or where she owned assets) asking the court to appoint you as Personal Representative (or Administrator) of the estate. This is called an intestate estate, which means mom or dad died without a will.

What is it called when your parents die without a will?

This is called an intestate estate, which means mom or dad died without a will. The beneficiaries will then be determined by state law, which dictates who inherits the money. Of course, most of this can be avoided if your parent creates an estate plan, including a will, before they die.

Does a joint owner of an account have to be paid on death?

If there was a joint owner of the account, the ownership will most likely pass to the surviving joint owner and probate of that asset may not be needed. The same is true if the account had a “POD” – Payable on Death – listed. The asset gets paid on death to that named person listed and avoids probate.

What would happen if there were no civil laws?

In addition, without civil laws, people who were injured due to the negligent or intentional conduct of others, would never receive compensation.

What does the law protect?

What the law does is protect those who don't behave according to the societal norms of their community. It outlines the acceptable behavior and limits the punishment for those who misbehave. In the old days, where there was no law, or very little law enforcement.

Can you be charged with a crime with no laws?

With no formal laws no-one could be charged, but they could be killed for committing a crime, publicly shamed or their assets repossessed ( to name a few ). The possibility of having such actions taken could act almost as a dissuasive element for immorality, and a form of being held accountable.

Will law and order return?

Overall, law and order would eventually return, though likely not in exactly the same form . There is a notion of originalism, which basically states that after the instability would come a reboot of the original state or one with similar goals, or goals desirable to the people.

Is justice a man made thing?

Justice is not just a man-made thing that we can abolish from society and outgrow. Justice is the chief virtue of the 4 Cardinal virtues, necessary for a righteous life, the kind of life it seems you're contemplating. Inequality is not just a concept unique to civilized society, or even to humanity.

What happens if a person pleads guilty to a crime?

If a person pleads guilty or is found guilty of a more serious charge, such as criminal sexual conduct, a judge must follow the law regarding the sentence. Whether the judge personally agrees with the law is of no consequence. Judges must follow the law.

Do judges have to follow the law?

Judges must follow the law. The good news is the vast majority of people, businesses, corporations and governments follow the law. If they didn't, our society could not operate properly. There would be no laws, rules or regulations regarding the environment, traffic safety devices, or repair of streets and roads.

Can you recover damages from a car accident?

Car accidents would happen, no doubt more frequently without traffic laws, and a person hurt in an accident would have no recourse to recover damages, including the payment of medical bills, from the person causing the accident.