Just What Do Criminal Defense Attorneys Do Exactly?

Just What Do Criminal Defense Attorneys Do Exactly?

The function of criminal defense attorneys and lawyers is the representation of anyone charged in court with a crime.

These crimes can range in their severity from misdemeanors up to felonies. Punishments also vary in their severity from community service and cash fines up to years spent in prison or even being sentenced to death.

It’s crucial that anyone charged with having committed a crime have representation during their criminal proceedings. As a matter of fact, the United States Constitution holds within it the promise that every citizen who is charged with a crime is to be provided representation. If you’re looking to retain the services of a criminal defense attorney or you already have, then you should know what kinds of services they might be able to perform on your behalf.

Expert Examples

Once a criminal defense attorney like Marriett Legal has had a chance to meet their client personally, then they need to try and get just as many details regarding the case as they possibly can. They can learn the case’s strengths and weaknesses by asking specific questions. This interview with the defendant needs to be both careful and thorough, as the answers and information provided will lead to potential defenses.

On top of asking pointed and direct questions to the criminal defendant regarding their case, the defense attorney needs to also investigate the case further in order to find any other potential means of getting their defendant acquitted. That often means questioning the police involved in the case about any procedures they used as related to the investigation they did. It might even include talking to any witnesses that have information regarding the case and even collecting their own information. All of this is added up to hopefully build a robust defense. If an expert witness is going to be used for this case, the criminal defense lawyer might conduct an interview with them regarding the testimony they might provide regarding the evidence that gets presented in the case.

Case Review

Criminal defense attorneys have the right to do a review of the prosecution’s case before it gets submitted to the assigned jury. That lets them find or poke holes in the prosecution’s case, as well as try to find any evidence that might refute the case of the prosecution, like hiring independent experts or labs in order to test the case evidence.

A defense attorney will need to study the theories and facts of the case carefully in order to properly analyze any evidence presented against the criminal defendant. They might choose to have evidence tested independently. Also, they might examine evidence to see if there happen to be legal theories working against a potential conviction of their client.

Defense attorneys need to stay in continual contact with their clients in order to explain developments to the case that arise or just keep them informed. The lawyer needs to ensure that all conversations with their client are kept confidential. Lawyers need to not only make sure that they are communicating case information to their clients but are doing so in a way that their clients understand the potential consequences and ramifications.

Jury Selection

Defense lawyers in criminal trials also handle the jury selection process. They might try to have certain jurors removed for cause if there is a belief they could have a bias against a defendant or even when they might just have a bad feeling about any potential juror.

Criminal defense attorneys have the responsibility about talking with their client and even the prosecutor about the status of the case at any given time. Negotiations with the prosecutor can happen in regards to a certain plea bargain. Criminal defense lawyers can sometimes help their clients secure deals that are more favorable because they would result in reduced charges or even less potential punishment.

Having said that, defense attorneys fight for their clients during an actual trial. Plea bargains might forego a trial, but they can also happen during a trial based on how each side is doing. A defense lawyer examines witnesses, handles cross-examination of the witnesses of the state, and attempts to convince the jury of the fact that the prosecution didn’t meet their burden of proof.

Plea Bargains

If any criminal defendant winds up getting sentenced for their crime, it’s either because they took a plea bargain agreement, or they were convicted by the jury or judge. In either case, the criminal defense attorney can still represent their defendant during the actual sentencing phase. The lawyer might discuss various factors which help the jury or judge to be convinced to put a limit on how much time the defendant will have to serve. They might even discuss potential alternatives to having to go through incarceration.

These aren’t all the functions or roles that criminal defense lawyers and attorneys provide their clients, but it covers most of them.

Legal Rights & Resources for Veterans

Legal Rights & Resources for Veterans

As a veteran, you are proud to let the whole world know that you served your country. Unfortunately, the effects of your service can sometimes take their toll on you.

Old war injuries can linger and make it difficult for you. Of course, there are many legal rights and resources you have that you may not be aware of.

As Veterans law legal representatives, we serve you because you first served us, and we want to alert you to some of the legal representation we can offer you.

First of all, it is important to note that our veteran disability advocate professionals are going to work to help you to receive some potential benefits possibly.

These would include such possibilities as Total Disability Individual Unemployability (TDIU).

As a disability advocate lawyer, we realize there is nothing more critical to the status of your claim than obtaining an evaluation that is favorable to your case.

Unfortunately, the VA has some physicians at their disposal, and to say they are biased against veterans and that they play favorites for the government would be an understatement. We have seen many reasonable veteran claims for benefits denied.

However, as VA disability lawyers, we are experienced in “leveling the playing field” and have won countless appeals for the veterans we represent.

For a veteran, it is essential to understand the ramifications of a favorable determination of eligibility for this benefit.

This means that he or she is entitled to 100% of the TDIU benefit if they can conclusively determine their disability was service-connected and prevents them from obtaining and maintaining substantially gainful employment.

This often means $3,000 per month or even more if the veteran has dependent children.

VA disability lawyers also exist to help veterans clear up any misconceptions they might have about obtaining benefits.

For example, many veterans believe that they must meet a certain disability percent threshold of 60% before they are eligible to receive benefits. This is not the case.

There is also a misconception that exists among veterans that if they are currently working, they are not eligible.

Again, this isn’t necessarily the case. It all depends on whether their employment meets the VA threshold of “substantial gainful employment.” If the veteran’s job does not rise above the federal poverty line, then more often than not he or she is still eligible.

Moreover, there are even some cases where a veteran could be working above the poverty and still be eligible as long as they are in “sheltered” employment.

This is a job where the veteran works for a business, is self-employed or is in a position where they cannot be fired.

Of course, the best way to sum it up is that if the veteran has a disability incurred from their service and it prevents them from getting or keeping a job, then chances are they are entitled to the TDIU benefit.

As you can tell, the VA does not make it easy for veterans to get this benefit. This is why we as VA advocates exist. We love the privilege of fighting for our veterans to have a better life.

Call us today for a consultation on your case!

How to Estimate an Injury Settlement

How to Estimate an Injury Settlement

In our previous article we covered factors that determine burden of proof during an auto accident injury suit. In this article we would like to pick up from right where we stopped and this primarily entails how settlements are determined in such suits.

We are therefore going to look at 5 factors that will be considered when estimating the dollar amount in an injury settlement.

1 Costs spent by the claimant on medical bills

This is a rather straight forward calculation because the claimant will be expected to furnish the court with documents such as receipts or invoices showing how much they spent on medical expenses following the accident.

2 The cost of future medical bills

In the event the claimant suffered from injuries that will require them to undergo medical care for an extended period of time, the cost of this medical care is calculated and a dollar amount determined.

3 Damages incurred to property

Following the auto accident, the claimant will need to furnish the court with invoices from either their insurer or a registered mechanic indicating how much damage their vehicle sustained and what it will cost or what it cost to repair these damages.

4 The loss of income

If the claimant was injured to a point that they were not in a position to work for a couple of days, weeks or months they will be required to tabulate and come up with a dollar amount for this lost income and present it to the court.

5 The loss of future income

In the event the claimant suffers injuries that will render it impossible for them to resume the work they were doing even after they are fully recovered then they have the option of making a claim for loss of future income. Just as in the loss of income scenario, a dollar value will be determined for this loss.

Once all this has been tabulated and calculated, should the claimant be successful in proving their case, they will be awarded their claim and the accused ordered to pay up in addition to other punitive measures such as jail time.

What You Must Prove in an Auto Accident Injury Suit

What You Must Prove in an Auto Accident Injury Suit

When you have been involved in an auto accident and sustained significant injuries, from a legal stand point, it’s the person who caused the accident who will be held responsible and they are required to compensate you for any damages to your body as well as your car.

It’s however noteworthy that these suits are usually not open and shut cases because the burden of proof will mostly fall on the victim. This essentially means that it’s upon you to prove that the other driver was negligent and caused the accident as a result.

We are therefore going to briefly look at what you must prove in an auto accident injury suit.

You must prove that it was the driver’s duty to be cautious

Reason dictates that once you are behind the wheel, it becomes your responsibility to ensure that you don’t endanger other road users be they motorists or pedestrians. Legally speaking however, it must be demonstrated in a court of law that the person behind the wheel actually had the responsibility of safeguarding other motorists.

You must demonstrate negligence

Once you have been able to convince the court that the responsibility to be cautious indeed fell on the driver, you must now prove that it was through their negligence that they caused the accident. This will require providing evidence such as pictures, video or witness statements showing the driver ignoring traffic lights, a stop sign, a speed limit sign and so on.

You must demonstrate that your injuries were a direct result of the accident

The court will not just take your word that the injuries you sustained were a direct result of the accident, you must produce evidence to demonstrate this. Such evidence will include photos or video from the scene as well as the doctor’s statement.

Once you have been able to prove all these in front of court the next step will be for you to demonstrate to the court the monetary value of these injuries so that it can be determined what you are actually owed.

Law – 4 Ways to Protect Your Claim When in an Auto Accident

Law – 4 Ways to Protect Your Claim When in an Auto Accident

Anytime you are involved in an auto accident that was the result of negligence by another motorist and the accident results in either injuries or damage to your property, you must act very fast to ensure that you protect your claim. This is because the defendant will do everything within their power not to pay up.

There is a couple of ways you can protect your claim and in this article, we are going to look at 4 ways you can do it.

1 Ensure that the police is involved

It’s advisable that if ever you are involved in an auto accident ensure that you immediately call the police to the scene. This is mainly for documentation purposes because the police will record and even investigate the incident and this becomes evidence you can produce in court.

2 Document the accident scene

If you are fortunate enough not to suffer very serious injuries, you must ensure that you document the accident scene through taking photos, videos and even contact info of potential witnesses. If you are not in a position to do this on your own, you can request the people at the scene to do it for you and ensure you have their contact info.

3 Seek the services of a personal injuries lawyer

Personal injuries lawyers are lawyers who have specialized in injury claims and they will therefore guide you through the process of filing your suite and arguing your case on your behalf in court. They are very experienced in such matters therefore you should always follow their advice.

4 Your claims must be reasonable

It’s unwise for you to try and make exaggerated claims because they will make you come off as disingenuous and this may negatively affect your entire case. Restrict yourself to making claims for damages and injuries that you actually incurred and that you can prove.

If you take all these measures diligently, you will have taken great strides towards positioning yourself for a successful legal battle.