And don’t take a simple “Yes” for a sufficient answer. Ask follow-up questions, such as where and when any similar cases went to trial and their results, to ensure the attorney really knows the subject matter. Two: Do you practice in the courthouse where my case is (or will be)?
You have a right to know whether your potential lawyer has violated, or even been formally accused of violating, the rules of professional responsibility. While you may be able to locate this information on the website of a state’s legal licensing authority, you should still ask the attorney.
However, your lawyer will usually tell you that you should not speak to witnesses or do any legal work. Learn how you can help, and make sure to follow your counsel’s instructions. Twelve: Who will be doing the work? Your lawyer will frequently be part of a law firm with junior associates and paralegals.
Some clients want to avoid fines, others want to keep their driver's license, others want to avoid jail, and others who are not citizens, just want to remain in the U.S. If your attorney fully understands your needs and goals, s/he can craft an alternative sentence that protects your most important concerns and hurts you the least.
Here is a brief overview of some of the most common reasons why a simple possession charge in South Carolina may be dropped or overturned:Plea Bargaining. ... Entrapment. ... Miranda Rights Violation. ... Unlawful Search or Seizure. ... Insufficient Evidence. ... Prosecutorial Discretion.
If convicted of a drug paraphernalia charge in California, the court has the following options at time of sentencing: The court can sentence you to up to a year in county jail and a maximum $1,000 fine. Place you on probation and impose a sentence of up to one year in county jail.
In South Carolina, it is illegal to, “advertise for sale, manufacture, possess, sell or deliver, or to possess with the intent to deliver, or sell [drug] paraphernalia.” Basically, possessing drug paraphernalia for any purpose (or no purpose at all) is sufficient to establish culpability for a civil offense.
between $100 and $200Simple possession of marijuana in South Carolina is a misdemeanor punishable by not more than 30 days in jail and a fine between $100 and $200. Clients with a first-time simple possession charge may be eligible to enter a pre-trial intervention program or attend a drug abuse program to decrease their penalties.
If the prosecutor cannot prove the defendant knowingly and intentionally possessed the drugs through the use of witness statements, audio/video recordings, physical evidence, and crime lab analysis, then the drug possession charge should get dismissed or the defendant found not guilty at trial.
WorkplaceTesting Explains Paraphernalia Some examples of commonly used drug paraphernalia are needles, syringes, tin foil, plastic bags, pipes, cigarettes, e-cigarettes, bongs, lighters, small spoons, glue, and medicine containers.
To prove that a defendant possessed a restricted dangerous drug, the prosecution must establish four elements: (1) the defendant exercised dominion and control over the substance, (2) there 3 Page 4 was a usable quantity of the substance, (3) the defendant had knowledge of the substance's presence, and (4) the ...
Yes, it is against the law to have cocaine spoons, bongs, chamber pipes, and other similar items. However, getting caught with these items alone will hit you in the wallet but not necessarily land you in the slammer. ​Possessing drug paraphernalia is punishable by a civil citation of up to $500.
A first offense of cocaine possession is a misdemeanor. The fine is up to $5,000 or up to three years in prison or both. As with the other narcotics, a second offense is a felony. The penalty carries a fine of up to $7,500, as much as three years in prison or both.
Persons Who Inject Drugs (PWID) Infections among Persons Who Inject Drugs. Support to Address the Infectious Disease Consequences of the Opioid Crisis.
Typically, decriminalization means no arrest, prison time, or criminal record for the first-time possession of a small amount of marijuana for personal consumption. In most decriminalized states, these offenses are treated like a minor traffic violation.
Gabapentin now classified as controlled substance.
Be prepared to tell your lawyer about any police interaction that you had prior to your arrest, during your arrest, and while you were detained. Providing your lawyer with a detailed account of your experience is very important because if the police violated your civil rights your lawyer may be able to get your charges dismissed, even if you are guilty. Therefore, it is a good idea to ask your lawyer during the initial consultation if they think that your civil rights were violated in any way.
However, an experienced criminal defense attorney should be able to analyze your case, talk about the possible legal outcomes, and predict what is likely to happen in your case. Keep in mind that there is a big difference between an attorney who guarantees an outcome and one who predicts what is likely to happen.
For example, your attorney may advise you not to speak to the press or to witnesses involved in your case. Following your attorney’s advice regarding these types of matters can make a big difference in your case. 3.
Although your criminal defense attorney will take charge of your case, there are often actions that criminal defendants themselves can take in order to improve the outcome of their case. Each criminal case is unique and your lawyer will be able to make personalized recommendations to you, however, it may be beneficial to ask your lawyer ...
If you have to file a criminal appeal, you already know that you need to hire a criminal appeals lawyer. But how do you find the right one? With so many lawyers making many promises to you, it’s important to know which questions to ask a criminal defense appellate lawyer.
Many lawyers offer a free consultation, during which you will have the opportunity to present the details of your case. After speaking with you and reviewing the details, they should be able to give you an idea of how they would handle the case and their fees.
When compiling your questions to ask a criminal defense appellate lawyer, you should be aware that the lawyer you hire won’t be the only one working on your case, and you want to know who else it might be. Will it be you or will it be turned over to a case manager, junior lawyer, or another assistant?
A criminal appeal is stressful enough by itself; you don’t need to feel insecure about the decision to hire your lawyer and wonder all along if you made a good or bad choice. Do some serious soul-searching before signing anything binding.
By starting with the above questions to ask a criminal defense appellate lawyer, you can be sure that you hire the best lawyer to handle your case.
The letter was notice to appear in Court. You must have some idea of the charge against you. At present it appears that this fine is for contempt of Court, which means you did not show up for your Court date. This answer neither constitutes legal advice nor creates an attorney/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices... Read More
A criminal defense lawyer can plead his defenses, know how to obtain discovery, understands evidence, criminal procedure, etc. The answer to this question neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael... Read More
You can sue the man in a civil court, but if he has no money, an award is unlikely. You should be prepared to pay the lawyer a retainer fee, as an attorney may not wish to take this case on a contingency alone basis (percent of recovery). You can also take out a restraining order against the man who cut you. This answer does not constitute legal advice nor does it create... Read More
As a convicted felon, you cannot use a gun, period. Admitting it was a stolen gun on a public website is a bad idea. You would be well advised to retain a criminal defense attorney. The attorney will know criminal procedure, evidence, etc. that is beyond the grasp of a layman. Furthermore, you should stop posting, talking, etc. without your attorney present. This answer... Read More
You do have the right to defend yourself, but may wind up hiring a criminal defense attorney and appearing in a court of law for stabbing someone. You can never be sure that a stab wound would not hit a major artery and be charged with attempted murder or murder. You better be sure that the knife you carry is not a concealed weapon, if you do not have a... Read More
Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.
You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.
In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.
Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.
In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.
If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...
A conflict might also arise if the attorney you are interviewing has already been hired by a co-defendant in your case. Not all conflicts automatically disqualify potential counsel, but you must be fully aware of and understand the nature of the conflict before deciding whether to hire a lawyer in spite of it.
DISCOVERY -- EVIDENCE -- INVESTIGATION Has your lawyer obtained and reviewed all "Discovery", including: police reports, witness statements, video and audio tapes, photographs and other material provided through "discovery" by the Prosecutor? Has the attorney made copies of all of it and reviewed it with you? What is your attorney's evaluation of the evidence? What is the "worst evidence" against you? Has you attorney considered not only what evidence is there, but what evidence is not there (missing)? What physical or testimony evidence does the prosecution rely on open to challenge? Or what evidence does the DA not have that could mean dismissal of your case? Are there eyewitnesses that should be interviewed? What sort of defense investigation should be conducted to find that evidence to disprove your guilt?.
CLIENT ACTIONS - What should you do? Sometimes there are steps you can (and should) take which will dramatically lessen your sentence.
STRATEGY What is your lawyer's preliminary evaluation of the case against you? What defenses are available to you? What is the best defense strategy? What are the risks and benefits of strategy? Can your attorney mount a successful defense at trial or is it in your best interests to plea bargain?
COSTS How much defense investigation needs to be done, and what will it cost? Do you need to hire Expert Witnesses to testify for you at trial? How much will they cost? Is their testimony worth it? What is the time table preparing for trial; how long will the trial last and what will it cost?
SENTENCING ALTERNATIVES Are there any Sentencing Alternatives to standard Jail that you may be eligible for, such as electronic home detention, Sheriff's Work Program, Work Furlough, or community service? Are there any standard or creative Probationary Terms that are preferable to you which will satisfy the prosecution and court's concerns and allow you to receive a lesser sentence, easier to accept? Some clients want to avoid fines, others want to keep their driver's license, others want to avoid jail, and others who are not citizens, just want to remain in the U.S.
CONCLUSION This case is not just any case; it’s your case! You deserve the best defense from an attorney who considers all of these questions.