When your future and your freedom are at stake, you need a team of experienced Jefferson County criminal defense lawyers who put you first. Our firm principal, Michael Lowry, is a former assistant prosecutor and Judge, and he knows how to protect your rights. With a thorough knowledge of the criminal justice system, how prosecutors operate, and how best to defend …
While our defense attorneys defend any criminal accusation, facing a drug crime in a rural area like Jefferson County can send a defendant to prison. The criminal defense lawyers at Van Severen Law Office believe it’s imperative that anyone accused of committing a crime hire a skilled criminal defense attorney.
Apr 29, 2020 · In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as …
Oct 12, 2021 · The Sixth Amendment guarantees all defendants the right to the assistance of legal counsel in criminal cases. If a person cannot afford to hire an attorney, courts will appoint a lawyer at public expense, not only for felony cases but also for misdemeanors that can result in …
False! The 6th Amendment to the United States Constitution provides: "in all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense." This right extends to those who do not have the necessary resources to privately retain an attorney. In Gideon v.May 7, 2008
So Can I Change Lawyers? A criminal defendant that isn't satisfied with their private attorney can fire their lawyer and hire a new one at any time.Dec 7, 2016
These hearings are designed to advise the defendant of his or her rights, provide a reading of the charges by the judge to the defendant, and seek a plea from the defendant. A plea is the defendant's answer to the charges.
9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021
Yes you can hire two advocates at the same time. I have hired 5 advocates at the same time as well. You can take my help in finding a good arguing counsel. Unless NOC is taken from the previous lawyer new lawyer cannot be appointed.Dec 13, 2020
The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction.
There are ways to have charges against an accused or defendant dropped even before the trial date. The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss.Feb 2, 2022
The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.
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.
If you believe you've been detained or arrested without a basis (or if you believe the police are acting outside their proper authority), you need to speak to a local criminal defense attorney as soon as possible. You should never make any statements or file a complaint with police or investigators until you've had a chance to speak to an attorney. If you believe your rights have been violated, or you need someone to represent you against criminal charges, a local attorney who has experience representing clients in local courtrooms is the only person you should talk to for legal advice.
False arrest, sometimes known as false imprisonment or wrongful arrest, occurs when someone wrongfully holds you against your will or takes you into custody. Both private persons and law enforcement agents can commit this crime when they act beyond or outside of the scope of their authority. False arrest is a crime and a civil harm, enabling ...
The released defendant can't sue the police for unlawful arrest, but the person making the false statements might be arrested for making false statements, swearing a false oath, or even false imprisonment. Also, the released defendant might be able to sue that person for any harm suffered as a result of the arrest.
For this reason and others, most criminal defense attorneys counsel never to physically resist an arrest. It's very risky to resist arrest, and doing so can easily result in your being harmed, arrested, and jailed, even if you are certain you are right.
People who have valid claims of false arrest may also bring a civil lawsuit against the person who restrained them. Their argument is that they have been harmed, just as people who are victims of a car accident have been harmed. The harm can include the humiliation of being restrained, any physical consequences, and even consequences to the victim's reputation.
When people claim that a member of law enforcement has falsely arrested them, they sometimes file a complaint alleging a violation of their civil rights. These civil rights lawsuits are known as "Section 1983" suits because they are named after the federal law, United States Code Section 1983, which authorizes them. These lawsuits are brought in federal district court.
Because false imprisonment involves the same basic actions as kidnapping, but without the more serious intentions, it's known as a " lesser included offense " of kidnapping.
These may include jail time, creation of a criminal record, monetary fines, loss of future employment opportunities, or more. Therefore, it is often in your best interests to find and hire an experienced and well qualified criminal defense attorney to assist you with your charges.
At a minimum, a criminal defense attorney will ensure that the charges brought against you are appropriate, given the facts of the case and advocate on your behalf to receive the lowest possible penalty. The criminal procedure process is a complex matter, and the nuances of the differences of criminal charges are even more complex.
During the arraignment, you will be asked to enter your plea, and should there be no plea bargain, a preliminary hearing will be held where a judge will determine whether there is sufficient evidence to charge you with a crime. As can be seen, the entire criminal procedure is often very complex, and, thus, it is often in your best interest ...
Attorney’s Fees: As mentioned above, criminal defense attorneys do not all cost a fixed amount of money. Attorney’s fees will vary according to several factors. Some of the more important factors affecting an attorney’s rate include: The skill of the attorney; The experience of the attorney; The seriousness of the offense;
Hourly fees are by far the most common type of fee arrangement utilized by criminal defense attorneys. As discussed above, attorneys often feel that flat fee arrangements are not a dependable way of measuring the various factors and costs associated with representing a client facing criminal charges.
The difference between the values is the difference between petty theft, which carries a misdemeanor charge, and grand theft which carries a felony charge. While a person has the right to proceed in their own defense, even experienced criminal lawyers will admit to not wanting to defend themselves.
A well-qualified criminal defense attorney will be able to help you assert any available defense to the charges brought against you, defend you in court, and guide you through the entire criminal process.
If you can't afford one, be sure to request a free court-appointed attorney. If you're facing criminal charges, contact a criminal defense attorney near you to obtain an experienced and informed evaluation of your case.
If you've been charged with a criminal offense and lack the resources to hire legal representation, you may be entitled to a court-appointed attorney. The right to an attorney in criminal proceedings is enshrined within the Sixth Amendment to the U.S. Constitution. However, not until the 1963 Supreme Court case of Gideon v.
The justices in Gideon unanimously held that "in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him." The Court later clarified that this ruling applies where the defendant is charged with either a felony or a misdemeanor that could result in imprisonment from a conviction. This rule also extends to juvenile delinquency proceedings.
As mentioned above, someone can sue or be sued under almost any non-criminal theory of law. If you believe you have been wronged financially or otherwise, it would be ideal to hire a civil attorney to help you assess the merits of your case.
Once you have retained a civil attorney, they will handle all major aspects of your lawsuit. For example, your lawyer will:
The cost of your civil attorney will vary depending upon the area of law that your claim encompasses, the experience of the attorney you hire, the difficulty of the case, and the amount of time spent pursuing or defending the lawsuit.
If you need to file a lawsuit it is strongly suggested you seek the assistance of a civil attorney. A civil attorney can help you navigate the complicated court system and ensure that you do not miss any important deadlines.