David Wise asked:


People often ask me how to determine if a Criminal Defense Lawyer is good or not. Having practiced as a San Francisco criminal defense attorney throughout California for thirteen years I have developed some opinions about this, which are laid out in the eleven rules below. These attributes can help make the difference between a good, bad or mediocre result. Remember that good criminal defense lawyering is as much an art as a technical skill. There is no substitute for experience. On the other hand it is unfortunately true that some veteran lawyers are tired of practicing law or have been doing it the wrong way for so long, they can’t change their ways. These rules apply to all criminal cases, whether drunk driving, driving under the influence, drugs, fraud, assault, battery, domestic violence or others. Of course they are no different whether you are looking for a San Francisco criminal lawyer, an Oakland lawyer, Hayward lawyer or a lawyer from another part of the country. The rules apply everywhere.

1. The lawyer must care about the result and the client’s well being:

This may seem obvious but it is important for lawyers to remember how important a case is to the person charged with a crime. Criminal charges can bring intense stress in all areas of a person’s life, including professional, financial and family life. This rule applies whether it is a simple DUI matter or a serious fraud or homicide allegation.

2. Get to know the client and his or her life situation and background:

I cannot tell you the number of times that the unique facts of a persons life, or stresses which they are under, strike a note of sympathy with judges when negotiating the outcome of a case, or at sentencing. More importantly these facts can make a big difference with a jury should a person accused with a crime chose to testify in his or her own defense.

3. Work quickly to try to get the person out of jail:

Needless to say, if a person is in jail and hires a criminal lawyer, they are expecting the lawyer to make every effort to gain their release from jail. There are several things that can be done by the criminal defense attorney to make this happen, including motions to set or reduce bail, motions for release on their own recognizance, or, in the case of a San Francisco criminal lawyer or San Francisco criminal defense attorney, a request for supervised release. For some people that own property, a motion to post real estate in lieu of cash is a good way to avoid paying a ten percent premium to a bail bondsman.

4. Consider the effects of a criminal case on a person’s profession, or future profession:

Many convictions can result in the loss of business or professional licenses. Any trade that requires a state license, including hairdressers, nurses, landscapers, and many others, will be in jeopardy if you face criminal charges. Knowing what you are able to accept as part of a plea bargain, or if you are able to plea bargain at all, is critical to making the right choice in your case. Any criminal defense attorney, whether a San Francisco criminal lawyer, Oakland lawyer, Hayward lawyer or other, should be aware of this.

5. Remember confidentiality:

It is important for a criminal lawyer to understand the privacy of the client. This is especially so when dealing with family members of the person charged with a crime. Family may mean well when asking questions, but unless the client authorizes the attorney to talk about it, anything said about the case should remain private and confidential.

6. Consider any immigration consequences:

Anyone who is not a citizen must be especially careful when facing criminal charges. Any conviction or even an admission without entry of a judgment, can result in deportation, exclusion from re-admission or denial of citizenship. This is unfortunately a highly misunderstood area of the law by many criminal lawyers. Understanding these rules is critical whether you are dealing with a San Francisco DUI attorney, San Francisco criminal lawyer, San Francisco criminal defense attorney, Oakland DUI lawyer, Hayward or any attorney from elsewhere in the country.

7. Communication with the client:

Part of why a person hires a criminal lawyer is to understand what is happening in the case as it goes along. A criminal defense attorney must talk about it with the client on a regular basis.

8. Investigation:

In most cases the client should allow the criminal defense attorney to hire an investigator to interview witnesses. If the police did it to gather evidence against you, why wouldn’t you want to do it in your own defense. It costs money but it would be “penny wise and pound foolish” to skimp on this part of your defense - that is, unless you agree with the police version of the facts.

9. Legal research and motions:

Any San Francisco criminal defense attorney must be sure to understand the “elements” of an offense, that is, what the prosecutor has to try to prove in order to get a conviction. Many times the prosecution cannot do it, but you wouldn’t know it unless you looked at the precise elements. Also many searches resulting in police finding drugs or other contraband are illegal and should be challenged by the criminal lawyer.

10. Negotiation:

The way in which a criminal defense attorney negotiates a case can make the difference in a good or bad result. Bear in mind that not all cases can or should resolve by negotiation. Sometimes your best option is to fight the case all the way to jury trial.

11. Trial

Only about five to ten percent of cases go all the way to jury trial. However for the case that we think we can win, jury trial is usually the best option. On the down side, it is more expensive. That is because it should take intensive preparation for the lawyer. It can be stressful and time consuming for you, the client. But when you win, you walk out the door with no conviction on your record. If the judge and prosecutor refuse to offer you a reasonable alternative, and if you have a workable case, jury trial can be the only smart option. Before a jury is where the true lawyer shines as an advocate. Too many a San Francisco criminal defense attorney and San Francisco DUI attorney has not done enough jury trials, fears going to trial, or has had no success before juries. This is true for attorneys in most locations. Trial should not be rushed into heedlessly. Some cases should not go to trial. But trial should always be an option that you discuss with your lawyer, and your lawyer should appear knowledgeable about the ups and downs of jury trial.

Art Gib asked:


Driving under the influence (DUI) is illegal throughout the U.S., even if the laws and punishments for driving under the influence vary a little from state to state.

Consequences of DUI

No matter where you live, the consequences for this crime are inconvenient at best and serious at worst. You could have your license suspended, be slapped with some heavy fines or even spend some time in jail. These consequences can make something as vital as getting to work a challenging task.

Speed is of the Essence

If you want to avoid some of all of these consequences, it would probably be wise to hire a DUI lawyer and to hire one quickly after your arrest. In many states, unless you appeal the DMV for a trial, you will automatically lose your license after 10 days or so if you have been caught driving under the influence. So, time is of the essence.

Why You Should Hire a DUI Lawyer

Good DUI lawyers will be able to create considerable doubt in a jury, in spite of unfavorable driving patterns, chemical results and sobriety tests. If your license or your freedom is on the line, their experience is a good ally to have on hand.

Search by City and State

Because the laws vary a little from state to state, you will obviously want to hire a lawyer who knows the laws specific to your state inside and out. Be careful when you illuminate candidate though because one lawyer might service more than one state. You can also search for good DUI lawyers by city.

Know their Credentials

Even though you don’t have a lot of time to find good DUI lawyers, you still want to know the credentials of the people who will be defending your case. You will probably want to ask questions like, have they been successful in the past? Do they have a good reputation in their area? Where were they educated? How much do they charge? You can get specs on several different DUI lawyers if you find a website that provides mini bios for attorneys all over the country. These short bios usually list such credentials because they want to prove their competency to potential clients. Visiting such a website is a fast way to locate and research different lawyers.

Free Consultations

Once you have narrowed your search down, you can also get a feel for how helpful lawyers will be by calling up for a free consultation. It won’t cost anything more than your time and a couple phone calls may be the determining factor in which lawyer you choose.

Steve Roth asked:


 

 

San Diego Criminal Attorney

San Diego Criminal Defense is a firm for humans who have been accused of an abomination to be represented in a carefully arcane environment.

People facing criminal charges need a devoted and loyal advocate, and the lawyers give them what they need. The San Diego DUI stands for Driving under the Influence of breaking the driving rules under the impact of alcohol or adulterous substances. There are attorneys which works as a serious criminal defense team and are accepted as San Diego Bent Aegis Lawyers.

The San Diego DUI attorneys are the representations by the attorneys appear the defendants or the government in a bent case. There are a lot of Drunk Driving Defense experts who accomplished their ambition based on their experience. Conviction for DUI (driving under the influence)/ DWI (driving while intoxicated) carries serious penalties in California. It is important that you hire a drunken driving defense lawyer who will aggressively represent you. Penalties in California for a drunken driving conviction can include: Jail, Large amount of Fines and Court Costs, Public Work Service, Community Service, Home Arrest, Probation, License Suspension, License Revocation, Court Ordered Alcohol Treatment, Court Ordered Alcohol Education active anybody charged with drunk driving, his/her license will be suspended immediately.

Even before his/her criminal case goes to court. The suspension has to be challenged within a specific time range. Otherwise, he/she will lose the chance to keep his/her driving privilege. A law firm can represent him/her on the DUI/DWI criminal charge and the license suspension matter. Good lawyers are experienced in dealing with drunk driving and DUI cases and they can handle them with vigor. Aggressive representation is even more critical in DUI accident cases where someone is injured or killed. DUI cases where there is injury or wrongful death are considered felony cases.

A person convicted in a felony DUI case may have to serve time in prison. If ones arrest was related to a DUI accident where someone was seriously injured or died, he/she also might be prosecuted for negligent homicide, aggravated assault, vehicular manslaughter or possibly murder. It is essential that he/she should hire a criminal defense attorney to work on his/her defense immediately after his/her arrest. The Law Offices will aggressively litigate all issues that might lead to a person avoiding a conviction. They also will work to reduce any other consequences.

They can prepare the case, thoroughly investigate any evidence, and represent him/her in court. In most DUI/DWI cases, the person does not have to appear in court. One should not face a drunken driving charge without an experienced San Diego DUI lawyer on his/her side. Besides needing to act quickly to retain his/her driving privileges, the sooner a defense attorney is hired, the quicker an aggressive DUI defense can be started. As example San Diego DUI Lawyer James Bickford can handle all portions of ones DUI defense, starting with the DMV hearing and preparing for a jury trial. He will file motions to suppress the case, request independent testing of blood or breathe samples taken during arrest, interview witnesses, question the cause of the initial traffic stop, review police reports for variances from proper procedure and challenge all evidence.

A total drunk driving defense will be started as soon as contact has been made with San Diego DUI Attorney. When people are accused of a crime; they face the prospect of large fines or even jail time. Having the best defense attorney defending a case makes a difference. Whether you’re facing a first time DUI, or you have multiple felony convictions, your case is too important not to get the best legal assistance you can find. Attorneys know their clients are worried about losing their license, their employment, or even their freedom. They know that when this happens people need quick and clear answers to their legal questions. They also often arrange for a bail bond to be posted, or fight for a bail reduction to release your loved one, so that the case can be defended with the client free. A good lawyer can deal anything related to their case.

http://www.libertylawyers.com