Why should you hire the criminal defense lawyer for your DUI case

Although there are so many legal matters which you can handle on your own such as overdue fines, small claim courts, parking tickets, there are others which you will require to consult a professional. DUI is one of the examples where the Utah criminal defense lawyer can assist you to get out of trouble. In Utah, driving while drunk is a serious crime which is punishable by law. In case you are arrested, then hiring a criminal defense lawyer would be the smart choice you will make. A professional Utah DUI lawyer will offer the required legal assistance which you cannot get from a general lawyer. The lawyer can assist you so that you can avoid being convicted for DUI.

What are some of the factors which can increase your likelihood of being convicted?

Proof of drunkenness– In case a police officer testifies that the speed at which you were driving your vehicle indicated that you were drunk. However, in this case, a chemical test must support the testimony of the officer.

High content of alcohol in your blood- In case you are tested and the level of alcohol content is found to be more than 0.08, then you have a higher likelihood of being convicted after undergoing trial. In Utah, you might receive brutal punishment for having a high alcohol content which is beyond the statutory level.

Steps the criminal lawyer will take during a legal process

  • Investing why you were arrested for DUI charges.
  • Validating blood test or breath which has been used to determine the level of alcohol in your body.
  • Analyzing all the instructions which are highlighted for the alleged results and field sobriety test.
  • Submitting the required legal documents.
  • Representing you in court
  • Assisting you to be released from jail by getting bail.
  • Challenging the police officers who might have violated your rights during the arrest.
  • Challenging any results received from the chemical tests of DUI.
  • Challenging the reliability and accuracy of field sobriety tests.
  • Pursuing for acquittal or dismissal.
  • Taking the necessary steps to prevent charges of your potential conviction.

How can you get out DUI?

For you to get out of a DUI you need a criminal lawyer to defend you in court so that the judge can dismiss your case. Some defense strategies can enable the judge to dismiss your case. For instance, the lawyer might find out the evidence is insufficient to prove that you committed the crime of driving while drunk. The lawyer can convince the judge to drop the charges. The lawyer can also place the judge in a position where the only reasonable thing will be to drop the charges.

Why should you hire the criminal defense lawyer?

i) They understand the Utah judicial system

One of the first reason why you should hire experienced criminal defense lawyers once you are found with DUI is that they understand how the entire functioning of the judicial system. The legal system might be confusing even to those individuals who are work in it. The lawyers in Utah can assist you in demystifying the process by offering a free step by step guide for the court proceeding for your case especially if it’s your first time to consult them.

iii) They can assess the conduct of the law enforcement

Even if you observe so many scenes on Facebook, media and TV, it’s difficult for you to understand the strategies that the law enforcements understand to obtain evidence in your criminal case. The best criminal lawyers in Utah can identify all loopholes and blinds concerning your DUI case. These lawyers can easily identify an instance where the police officers infringed your rights since they know the limits.

If there is inadequate evidence, your lawyer can ensure that you are dismissed.

Possible DUI defenses in Utah

i) There was no enough suspicion

The criminal lawyer will investigate the issues surrounding how and when the police officer stopped you to determine if it was legal for you to be stopped. In case the police officer stopped you illegally, then any evidence which will be obtained from that stop will not be accommodated. In Utah the law outlines that for a DUI stop to be legal, the officer must testify that you committed a traffic crime such as over-speeding or the officer must have enough suspicion that you are not okay due to your driving pattern. Normally if the Utah DUI lawyer can set up a successful challenge can you can be dismissed.

ii) Insufficient evidence that you were drunk

For you to be sentenced, the prosecutor must prove that you were under the influence on a controlled substance or alcohol. Despite the level of alcohol content, the lawyer can argue that judge should trust the eyes. This is because they know how a drunk person looks like and they may not know anything concerning how the breath test machine functions. In case the evidence given out has issues, then the lawyer will request for your case to be dismissed.

iii)The checkpoint for the DUI did not meet the standards

The laws in Utah as usually allow the police to conduct sobriety or DUI checkpoint, provided the roadblock meets certain standards which are highlighted on the constitutional. For instance, the standards usually necessitate a law enforcement agency to use written guidelines before coming up with a checkpoint. The guidelines must show how the checkpoint will be conducted and the kind of vehicles which will be stopped in that area. The lawyer will carefully review the operation of the DUI checkpoint to determine if it violated or complied with the important standards.

iv) The tests results were unreliable

In case the prosecutor uses the results of your urine, blood or breath test in court, the test must be administered appropriately using reliable equipment which is calibrated properly. The Utah DUI lawyer will scrutinize the method which was used in testing your urine, blood or breath to determine if the results were reliable and if there were any errors made.

v) You were not driving

Utah DUI law indicates that, if you are found in actual physical control of your vehicle then you might be charged. Such a situation has led to the arrest of many people even though they were not driving. In case you were not driving your car, the criminal lawyer can argue that you were not controlling your car physically when the police officer arrested you.

Reasons for hiring the best Auto Accident attorneys.

The most challenging situation of your life is being involved in a car accident as it can cause a lot of pain, sufferings, and inconvenience especially if the accident has been caused due to the negligence of the other person. As an accident victim, you are entitled to compensation from the negligent person so that it can cover the loss and suffering that you have to bear due to the accident. But most importantly, you will need to look for the best auto accident attorneys who will assist you with the legal matters in the most efficient manner. The attorney will help you in filing a claim with the insurance company so that you will not have to deal with this complicated situation. This is the best way of dealing with your injury because when the attorney will handle the case on your behalf, you will be able to invest your time for complete recovery after the accident. Securing the injury claim is also made possible with the assistance and guidance of an attorney who will help you in reviewing the legal options so that you can select the best option according to your situation.

After being in a car accident, you will need to hire the best auto accident attorneys because you need to get compensation for the serious injuries that you have suffered by you need to hire a knowledgeable and experienced attorney. This is the best way in which you will receive rightful compensation because an attorney will help you to get maximum amount of compensation. A competent attorney will also help you get compensation for the injuries that you have sustained as well as the damage to your vehicle so that you can use the money for recovery and repairs of the car. There are many benefits of hiring an auto accident attorney so that you will get compensation for the lost wages, expensive medical bills and deal with the damages caused to the car or personal property. A qualified and skilled attorney will have immense experience, so that he will be able to represent the accident victims and will also offer valuable assistance during claim process. The attorney will also assist you in protecting your best interests and for maximizing the amount of compensation that you are entitled to so that it will offer you complete peace of mind.

The reason for hiring auto accident attorneys is that these legal professionals have thorough understanding and in dept knowledge of the law relating to car accident so you will be adequately compensated after the accident. They will also gather all the required evidences and proofs that are needed for strengthening your case so that you will get the desirable outcome from the case. It is also the best way of getting fair settlement as the attorney will also handle the insurance claims on your behalf so that you will get money from the insurance company. The attorney will also strive to prove negligence of the accused person so that you will get compensation from the accused person and will prove elements of negligence that led to the accident. The attorney is also experienced in negotiating a fair settlement and will fight for your best interests so that you will get the maximum amount of compensation. The attorney will also help you with the insurance companies for making sure that you will claim for covering the damages so that you will get money needed for your complete recovery. You will get the best representation in the court by the attorney who are knowledgeable and skilled in handling the case so that you will not have to worry about the legal proceedings. Moreover, the attorney will also arrange for special medical examination for accessing your health conditions so that your best interests will be protected. You will get a detailed report by the medical professionals for the exact health problem caused after the accident so that you can seek compensation on the basis of this report. You will not have to worry about settling the case or seeking compensation because the attorney will do everything on your behalf so that you will receive the compensation that you truly deserve.

What Is a Defense Attorney?

If you are charged with a crime, you have a right to defend yourself against those charges. A criminal defense attorney can help you navigate through the criminal justice system, prepare and assert your legal defense, and ensure your rights are protected throughout the process.

Facing questioning from police, a judge, or a prosecutor on your own can be intimidating. Fortunately, criminal defense attorneys handle these interactions for a living. They interact with police, prosecutors, and judges on a regular basis, and these professional relationships can be helpful in crafting your legal defense, navigating jury selection, negotiating a plea bargain, and advocating for you at trial or during sentencing.

When To Hire A Criminal Defense Lawyer

Hiring an attorney is a personal choice, but it is important to remember the importance of having quality legal representation when there are legal consequences like fines or time in prison on the line.

Some people opt to represent themselves if they are facing a less serious charge classified as a violation, like a traffic ticket. Other charges are more serious misdemeanors and felonies. In those cases, seeking assistance from a defense attorney can help you learn about the charges and determine the best ways to build a case that asserts your innocence or seeks a reduction of charges.

If you are just entering the criminal justice system, understanding what a criminal defense lawyer does can help you choose the best lawyer for your needs.

What Does A Criminal Defense Attorney Do?

Criminal defense lawyers focus on protecting the rights of defendants and helping them build defenses that reduce the negative consequences of being arrested. Within the criminal defense practice, an attorney might choose to sub-specialize on specific types of crimes. For example, some defense lawyers might only handle cases involving drug charges, violent crimes, federal charges, or sex crime charges. By specializing in very specific areas, the attorney usually has the time to build strong knowledge and experience defending against these types of charges.

Investigative Abilities

A major job duty for a defense attorney is similar to that of an investigator. The defense attorney has to spend time going through evidence pertaining to the charges. This can include calling in outside help to investigate the case, speaking to witnesses, finding expert witnesses, and gathering additional evidence that can improve the chances of a not guilty verdict.

Guide the Defendant

There are multiple ways that a criminal case can be resolved. A defense attorney has to help a defendant decide how to proceed with their defense. This might include negotiating with the prosecution to determine if there is a suitable plea deal available. If you don’t want a plea deal or if one isn’t possible, your attorney then has to develop a strong defense strategy to best protect your interests.

Present a Defense

Without a plea deal, the case will likely go to trial. In that case, the defense attorney has to present the defendant’s side of the story before the court and jury. Not all lawyers have the same level of experience at trial. Attorneys have to be familiar with the laws and statutes that apply to the case and be able to make persuasive arguments to the jury advocating for a not guilty verdict. They should also know when to argue for a mistrial.

Appeal Decisions When Necessary

There are sometimes instances when it’s necessary to appeal a conviction or sentence. Criminal defense lawyers handle this aspect of the criminal justice system. Appeals in criminal cases can be very complex, so in-depth knowledge of the appeals process is helpful in those cases.

With the potential consequences a person faces because of a criminal conviction, it is easy to understand why having legal representation is so important. Unlike laypeople, defense attorneys have formal schooling and professional resources available that help them determine suitable defense strategies. Anyone facing criminal charges should contact an attorney who has experience handling similar cases.

Public Defender or Private Law Firm

If you determine that hiring a criminal defense lawyer is right for you, there are a couple of options you may have available. You can opt for a public defender if you financially qualify, or you might elect to hire your own lawyer from a private practice. Both public defenders and private criminal defense attorneys are licensed lawyers, but you may prefer one over the other depending on your financial situation or personal preference.

Public Defender

If you are arrested, the police officer must provide you with your Miranda rights during the arrest. One of those rights is that you have the right to an attorney, and if you cannot afford one, then you may receive an attorney appointed to represent you. This attorney is a public defender.

Each state has its own criteria for determining whether a person qualifies for a public defender. If you believe you qualify for a public defender, then the police can find you a public defender to speak with at the time of your arrest and provide you with the appropriate financial questionnaire as well. If the questionnaire determines that you qualify for continued use of a public defender, then one will be appointed to you for the duration of your case.

However, it may not be completely free depending on the rules in your county or state. Some jurisdictions use a sliding scale fee to determine a percentage of attorney fees you must pay based upon your income or salary.

Hiring Your Own Attorney

A number of people go straight for hiring a private criminal defense attorney, even if they may qualify for a public defender. When beginning your search, it is common to interview a few attorneys or law firms before you make your decision. Ultimately, the attorney you hire is going to represent you and your rights, so you want to make sure you are comfortable with this big decision.

Most criminal defense attorneys offer free initial consultations so they can get to know you and evaluate the case after hearing your situation. This first consultation is also an opportunity to discuss their legal strategies as well as legal fees for handling your case.

Hiring a criminal defense lawyer may be more affordable than you think. A number of criminal attorneys use payment plans, or require an upfront retainer fee with a few installments to be paid later. Others may opt for one flat fee, but this may save you money in the long run.

5 Tips for Hiring a Criminal Defense Lawyer

criminal defense lawyer criminal lawyer


Hiring a criminal defense lawyer comes at an extremely stressful and worrying time in your life. When you’re facing a criminal charge, you want the best representation possible, but finding someone who fits the right criteria can seem like trying to find a needle in a haystack. In addition, when you know that the right criminal defense lawyer could ultimately mean the difference between getting the result you want or the worst case scenario, the entire process can feel completely overwhelming – if you’re looking for a criminal defense lawyer in Los Angeles then click the link.

Hiring a criminal defense lawyer is not something you should do without going through a selection process first. Time may be of the essence and you might feel anxious to find representation as quickly as possible, however hiring the right criminal defense lawyer is a key step towards the result of your case.

Read on for 5 tips for hiring a criminal defense lawyer.

Choose a defense lawyer who specializes in criminal law

The world of law is expansive, which means many attorneys focus on various departments. However, it’s best to choose an attorney who specializes specifically in criminal law. When an attorney specializes in one field of law, then it means that they are up to date with the latest legislation, changes and sanctions that may affect your case. It also means they have more experience in criminal law cases.

 Make sure they’re familiar with local courts

Every courthouse in the land is different. Which is why choosing a lawyer who is familiar with the local courts is essential. They may be familiar with the judge and how they work in the courtroom. Hiring a criminal lawyer who has good, strong connections with the court you’ll be attending is always useful.

Search for reputable reviews

You may notice that the reviews displayed on the home pages of any business are usually faultless and ultimately perfect. While these may be legitimate, it’s always best to get thorough, detailed reviews from people who have had good and bad experiences with your prospective representative. Check out Google and Facebook to get some clarity.

Ensure they are responsive

As someone who is seeking legal representation for a criminal charge, you’ll be desperate to get things moving. When you’re eager and keen to get the ball rolling as quickly as possible, your lawyer should have the same attitude. When you initially make contact with them, gauge how active they are in replying to your emails or answering the phone. A good lawyer should be willing and able to set up an initial meeting with their legal team within 24 hours, and you should be able to build a strong relationship with them over the coming weeks.

They should make you feel at ease

A lawyer with a broken, battered briefcase, complete with crumpled suit and crooked tie, probably won’t fill you with confidence. When you initially meet with your potential representative, they should make you feel confident in their abilities and also make you feel at ease with the entire process. If they don’t then you haven’t found the right lawyer.

5 Reasons Why You Should Hire a Criminal Defense Attorney

Criminal Defense Attorney

A criminal conviction can bring about extreme consequences that may significantly affect your life. Penalties could include jail time and hefty fines. In addition, you could lose your job and parenting time with your children. If you or a loved one is facing criminal charges, you need the help of a skilled criminal defense attorney.

An experienced criminal defense attorney can build a strong defense on your behalf.

Criminal defense lawyers are legal professionals who represent you in criminal cases. Although you can fight out some small legal matters on your own, it is always best to have the support of a criminal defense attorney. Some cases may seem straightforward on the surface, but they may end up becoming complex and incurring severe consequences. Following are several reasons why you need a defense attorney. 

What Situations Would You Need A Defense Attorney

There are many situations where having a defense lawyer is essential, as noted by the Law Offices of Hal M. Garfinkel. When implicated in a crime, and the police want to ask you some questions, it is best you first seek advice from a defense attorney. This way, you will know how to respond and avoid unintentionally incriminating yourself. Also, when charged with a crime, a defense lawyer will be present during the investigation, protect your rights, and ensure due process is followed by the authorities.

When defending yourself in a case, you may not even be aware that some of your rights were violated. A defense lawyer can argue that the evidence was collected using illegal means, and ensure that evidence is not admissible in court. A good attorney can also analyze a plea deal offered by the prosecution, and advise you whether to accept it, seek a better one, or go to court. Any option that the lawyer recommends will be in your best interest, and he or she will inform you of the possible outcomes involved in each decision you take.

Defense Lawyers Have Legal Knowledge and Experience

An attorney who focuses on criminal defense has spent years studying and practicing law in this legal area. Their intricate knowledge of the judicial system makes them better prepared and equipped to handle your case. They will guide you each step of the way, and decipher any legal complexities you encounter. If you choose to defend yourself, your efforts may not result in the desired outcome, especially if you are not aware of the legal process.

They Will Build a Strong Defense Strategy

A defense strategy is a critical aspect of a case. A weak strategy will result in undesirable results, such as a prison sentence or steep fines. A criminal defense lawyer can develop a strategy after listening to your version of events and sifting through the details of the prosecutor’s evidence. 

Some strategies include reviewing the investigation process, retaining expert eyewitnesses, scrutinizing eyewitnesses’ accounts, preparing you to tell your version of the story, and working on ways to get the evidence thrown out of court. A powerful strategy can lead to the dismissal of the case, a lighter or alternative sentence, or a smaller fine. 

An Attorney Can Speed Up the Process

Criminal Defense Attorney

A defense attorney can be instrumental in clearing your name.

No one wants to be entangled in a lengthy legal case. Sadly, most court cases can take a long time to conclude. This can become stressful and financially costly and reputation-wise. To clear your name and minimize costs, a defense attorney can be instrumental. He or she can take quick actions to mitigate the risks involved, take care of the tedious paperwork, and ensure things are moving along.

Should You Hire A Criminal Defense Attorney?

If you are facing a criminal charge, it is in your best interest to have a criminal defense attorney. A lawyer will give you the best legal advice, develop a strong defense strategy, expedite the process, ensure you get the best possible outcome, and make sure justice is upheld.

The Benefits of Hiring a Criminal Defense Attorney

The Benefits of Hiring a Criminal Defense Attorney (1)

Being accused of a crime is an intimidating and scary experience many want to avoid. While prevention is always better in this case, falling victim to a crime you didn’t commit can happen to anyone. With that in mind, having a criminal defense attorney by your side is crucial. They will help you navigate through the legal system and protect your rights during the entire process.

Whether innocent or guilty, it’s always in your best interest to hire a criminal defense lawyer to help you with your case. This is because any misstep in the process can result in a higher sentence. Which means more money and a higher charge on your record.

Having a reliable attorney to support you, on the other hand, will provide you with insight into the criminal process and have a legal advocate who believes in your case. To that end, here are different ways a criminal defense lawyer can help you make the best of any legal situation.

Benefit #1: Legal Knowledge and Experience

Criminal law and regulations are in constant flux. They have been changing on the fly every so often, that’s why you need a lawyer who can put their finger on the pulse. They will be on top of these policy updates and industry regulations by local, state, and federally compliant.

Additionally, criminal defense lawyers have years of training to back up their knowledge. This means they know the ins and outs of the criminal justice system. This makes them fully equipped to build defense strategies on your case. They can make a strong argument in your favor, making them indispensable guides throughout the process.

Benefit #2: Protection of Heavy Penalties

One of the main benefits of hiring a criminal defense lawyer is that you can ensure that your rights will be protected. Having legal knowledge and experience by your side will help you reach the best results. Given the situation, a lawyer will mitigate heavy penalties and fight for the best services that will either lessen your punishment or lead to a winning case.

Additionally, the right attorney will help you understand the consequences of your charges. They will also be able to prevent you from being taken advantage of. This involves knowing the best strategies to reduce your charge or finding loopholes that can easily be missed without expert knowledge.

Benefit #3: Speed Up the Process

The main point of hiring a criminal defense lawyer is to clear your reputation and regain your freedom as quickly or cleanly as possible. With that in mind, a seasoned attorney will take immediate action and mitigate risks in the process. In addition, they will handle other time-consuming tasks such as correctly filling out your paperwork to make it as flawless as possible.

Benefit #4: Have Access to Other Resources

When in need of legal help, it’s best to invest in small law firms with at least five lawyers over a sole practitioner. This is because they will be your source of information. With each state having specific laws, you need a one-stop-shop of lawyers in your team. This will give you sufficient coverage for your case to stay on a positive track. In that regard, someone who will represent you can help with the following:

  • Tracking down key witnesses
  • Cross-examining witnesses
  • Preparing necessary documents
  • Finding experts who can testify on your behalf
  • Ultimately do damage control for you

The Bottom Line

Criminal defense attorneys are crucial when handling legal matters, especially when your freedom and reputation are at risk. They are trained to protect you from unfair charges. They will know how to build a strong defense for your case. You’ll have peace of mind knowing that they can secure the best outcome on your behalf.

If you’re looking for a criminal defense attorney get in touch with us today to see how we can help!

17 Best Criminal Defense Attorney Strategies: How Lawyers Win a Criminal Case

Here our lawyers share the best criminal defense strategies and defense lawyer tactics we use to fight criminal charges, win cases and get a case dismissed in 2022.

The best part?

These proven legal defenses and arguments are distilled from our former Prosecutors experience handling over 8,000 criminal cases and jury trials.

It is important to remember that defendants are innocent until prosecutors prove guilt beyond a reasonable doubt.

8 key factors drive what your best defense strategy is:

  1. Defendant’s explanation of what happened, why and credibility.
  2. Witness testimony and credibility.
  3. Provable facts and physical evidence.
  4. Police reports, errors and credibility.
  5. Expert, 3rd party reports and testimony.
  6. Penal code charge and the required crime elements to prove.
  7. Criminal prosecutor strategy & history.
  8. Judicial precedent & the judge’s history.

The job of a criminal defense lawyer is to select the best criminal defense attorney tactics after reviewing a case’s facts and circumstances.

Every case is unique and the best criminal defense attorneys weigh all factors to develop a case theory and criminal defense strategy is most likely to succeed.

Criminal defense strategies are legal arguments and actions taken to get criminal charges dismissed and secure a defendant’s freedom. They involve exposing legal flaws and doubts about any criminal elements the prosecutor must prove beyond a reasonable doubt in order to win a conviction. 

If you’re facing prison or harsh penalties, it is key to consult a top criminal lawyer. No matter how smart you are, it is nearly impossible to competently defend yourself.

Let’s dive in with these criminal defense examples…

The 17 Best Criminal Defense Strategies


1. Mistaken identity

Incorrect witness identification is a major source of incorrect accusations. This can happen if a person’s description is similar to a criminal perpetrator or if a witness assumes someone committed a crime due to circumstances or they are trying to cover for a crime they committed.

2. Accident

Most offenses in California’s Penal Code include deliberate offenses in which the violator intentionally carried out the crime.

This is key:

If your criminal justice lawyer can show the act to be accidental without criminal intent, there is a substantial defense against the charge. Even if it is a first-degree murder charge.

3. Duress or immediate danger

In the event that somebody carries out a crime simply because they believed they were at immediate risk of harm, their actions might not be considered a crime since they were made under duress.

4. Beyond a reasonable doubt

Burdens of proof chart explaining the levels of proof required in court cases.This infographic provides burden of proof definitions for different types of court cases. The more serious the potential consequences, the higher the legal standard. Crimi…

In 1970, the US Supreme Court ruled in the In Re Winship case that the US Constitution requires that the government must meet the strict “beyond reasonable doubt” legal standard when establishing the guilt of criminal charges for both adults and juveniles alike.

Under US law, the more serious the consequences, the higher the burden of proof generally should be. Since criminal convictions involve potential loss of liberty in prison, the highest standard of proof applies.

The beyond reasonable doubt standard requires that the evidence be so convincing that no reasonable person would ever question the defendant’s guilt.

This standard requires:

The jury (in some cases, the judge) must have a moral certainty that the defendant is guilty and that the evidence offers no logical explanation or conclusion other than the defendant committed the crime.

This strict standard favors the defendant because:

The defense has to merely establish reasonable doubt about any of the key elements required for the crime to succeed. Good criminal lawyers often impress upon juries that thinking the defendant committed the crime is not sufficient for a conviction.

They must have moral certainty after considering all the facts that there is no doubt remaining and only one logical conclusion is left: the defendant is guilty. Criminal jury instructions note that all 12 jurors must unanimously agree on the verdict to convict.

5. Defendant has an alibi

A defendant cannot be guilty of many offenses if their Santa Monica criminal defense attorney can show they were elsewhere when the crime occurred and therefore couldn’t have committed the alleged crime.

6. Entrapment

Entrapment happens when a normally law-abiding citizen commits an offense because of intimidation, coercion, or law enforcement going too far to persuade someone to violate the law.

This occurs most often with:

Various types of undercover police operations. Entrapment is most often raised by a good lawyer as a defense in court for prostitution, child pornography, and drug crimes.

7. Police misconduct

Unfortunately, some law enforcement officials commit misconduct during their investigations. Police officers may wish to cover up a mistake they made during their initial investigation or they may just be convinced a suspect is guilty and engage in misconduct in order to build a stronger case.

Police misconduct can take many forms, but the most common are:

  • Lying or embellishing facts in court room testimony or in their reports.
  • Improperly handling, planting or doctoring evidence.
  • Using unnecessary force like tasers or pepper spray on cooperative subjects.
  • Coercing witnesses and suspects.

If your Newport Beach criminal attorney can identify and prove police misconduct, that provides leverage for dismissing your case and potentially pursuing a civil rights claim seeking damages.

8. Compelled or false confessions

In many cases, police have been known to coerce false admissions from innocent suspects using different mental strategies and even physical threats, starvation, and sleep deprivation.

Juveniles are particularly vulnerable to coercion. If defense attorney trial tactics can show evidence of coercion, then a case can be made to have the admission tossed out and excluded from evidence.

9. Probable cause

In 1968, the US Supreme Court ruled in the Terry vs. Ohio case that it is reasonable for an officer to stop an individual absent probable cause to arrest, as long as he can point to “specific articulable facts” that justify “probable cause” for the stop, search and arrest of that person.

his is important:

If there is no probable cause, the defense can file a motion to suppress any improperly obtained evidence. If key evidence is suppressed, this can cause a case to be dismissed.

10. Falsely accused

It is common that individuals are falsely accused of violations they did not commit.  For example, child abuse, sex crime, and domestic violence accusations can be made without any physical evidence.

A top Long Beach criminal attorney can work to obtain a retraction of the accusation or show evidence that the accusations were false or impugn the credibility of the accuser.

11. Mistake of fact

If an alleged crime was made under a reasonable and honest mistake of fact, then the person is not guilty of most criminal offenses due to lack of criminal intent.

For example:

Accidentally taking someone’s property believing it was yours.

12. Necessity

In California, the legal defense of “necessity” excuses criminal conduct when it is done only to avoid greater harm. An accused can be acquitted of a charge if they believe that they or another person is in danger or about to be harmed and the only reasonable alternative is to do the criminal act. The necessity to commit the crime must be provable with evidence.

13. Self defense or defense of others

California recognizes the “castle doctrine” which applies to one’s home, place of business, or other real property. An individual injuring another or using deadly force has no duty to retreat. But castle doctrine rights end when an individual is no longer on their real property.

Keep in mind:

In general, the force used against an intruder must be reasonable and proportionate to the harm reasonably feared.

Therefore there is a valid defense against a battery crime, for example, if you believe that you or another person face imminent danger and you only use as much force as is reasonably necessary to alleviate that danger and escape is not a reasonable choice.

14. Involuntary intoxication

Most criminal statutes require “specific intent” to commit crimes. If a defendant was involuntarily intoxicated, that is generally a complete defense to almost any crime.

For example:

If someone slips a drug into a defendant’s drink causing them to become involuntarily intoxicated. Or if a doctor prescribes a drug without warning of the potential side effects. However, you can only claim involuntary intoxication if you did not voluntarily take any intoxicating drugs or alcohol.

15. Plea of insanity

In most instances, you cannot be found guilty of a crime if you were legally insane when you committed it because willful intent is a required criminal element.

California courts utilize a definition of legal insanity is known as the M’Naghten Rule (pronounced and sometimes spelled as McNaughton) named after Daniel M’Naghten, a Scottish woodturner who murdered an English official in 1843 while suffering from paranoid delusions.

The M’Naghten Rule requires that the accused:

  1. Did not understand the nature of the criminal act, or
  2. Did not understand that the act was morally wrong.

Kansas, Montana, Idaho, and Utah do not allow the insanity defense. Other state jurisdictions each utilize one or more of the four following legal tests of insanity:

  • Model Penal Code Test.
  • Durham Rule.
  • Irresistible Impulse Test.
  • M’Naghten Rule.

The insanity defense test utilized by each state jurisdiction is reviewed here.

6. Double jeopardy

The US Constitution protects citizens from being prosecuted for the same crime twice and facing multiple punishments for the same crime. A suspect cannot be tried twice in the same court for the same crimes.

So if a defendant is acquitted of a crime, the prosecution cannot try for the same offense, even if new evidence comes to light.

17. Statute of limitations

State criminal statute of limitations laws forbids criminal prosecutors from charging someone with a crime that was committed more than a specified number of years ago.

The purpose of these laws is to ensure that convictions rely only upon evidence that has not deteriorated with time. After the time of the statute has run, the accused is essentially free. 

Statutes of limitation generally require an accused person to be:

  1. In the state where the crime was committed, 
  2. Gainfully employed, and
  3. Visible and not in hiding or under an assumed identity.

Each state establishes its own criminal statute of limitations, usually with different limits for different kinds of crimes.

Under California penal code §799, the California criminal statute of limitations is generally as follows with some exceptions:

  • No statute of limitation: Murder, other offenses punishable by death or life imprisonment, embezzlement of public funds.
  • 6 years: Felonies punishable by 8 or more years in prison.
  • 3 years: Felonies punishable by imprisonment of less than 8 years, Misdemeanor violation committed on a minor under 14.
  • 2 years: Misdemeanor sexual exploitation by physician or therapist.
  • 1 year: Other misdemeanors.

Statutory periods generally do not begin until the offense is or should have been discovered. And the statutory period is typically extended for up to 3 years of the time the accused is not in the state.

14 Different Types of Legal Defenses in Criminal Law

When you have been charged with a crime, one of the first questions you might ask is what types of defenses are available to you. This is where you will need them to know the legal defenses in criminal law, and where defense lawyer strategies that have been perfected with time and experience can help you.

There are many different types of criminal defenses. Your attorney can help you explore your rights and options, including which defense or defenses are available and applicable in your case.

What Is a Criminal Defense?

So just what is criminal defense? Criminal defense is a strategic argument that attempts to challenge the validity and sufficiency of the prosecution’s evidence. The prosecution often referred to as the state, the people, or the United States for federal crimes, is the party trying to prove the criminal charges against you. The prosecution must prove the crime beyond a reasonable doubt.

This breaks down as they must prove every element of the crime you have been charged with beyond a reasonable doubt. This is called the “burden of proof,” and it is a heavy one.

14 Common Defenses to Criminal Charges

There are many common defenses to criminal charges. A defendant may argue that there are holes in the prosecution’s case, that evidence was gathered in violation of the defendant’s constitutional rights, that another individual committed the crime, that the defendant had a justifiable reason for committing the crime, that the defendant lacked the intent to commit the crime, or that that defendant had a mental incapacity which caused him or her to commit the crime.

what are the major criminal law defenses common

While some defenses are merely raised with the aim of showing that the prosecution has failed to make its case, other defenses are affirmative defenses, meaning they must be independently proven. So, what are the major criminal law defenses? We have provided a helpful list of the major criminal defenses below.

1. Innocence

One of the simplest defenses to criminal liability is the defense of innocence. This defense is raised when you did not commit the crime. Remember, the prosecution has to prove every element of the crime charged against you and prove it beyond a reasonable doubt.

To be innocent you do not have to prove anything. However, you have the option of offering testimony, documents, and other evidence in support of your innocence.

2. Constitutional Violations

These are types of criminal defenses used in criminal trials and involve the way evidence was collected by police and other law enforcement. Don’t miss these important defenses, because they could result in the dismissal of the entire case.

Constitutional violations include illegal search and seizure of your home, car, clothing, or person, failure to obtain a warrant for entry, obtaining an improper confession, or failure to read you your “Miranda Rights” at the time of the arrest. Police often make mistakes in the way they do their job. These mistakes may require suppression of evidence against you, if not a dismissal of the prosecution’s entire case.

3. Alibi

Certain types of defenses in criminal law, such as the alibi defense, are affirmative defenses. This means the defendant (you) must prove the defense, and in the case of an alibi, it means that the defendant must prove that he or she was somewhere other than the scene of the crime at the time of the crime.

Supportive evidence a defendant might offer includes testimony from someone he or she was with, surveillance footage, receipts from a restaurant, store, movie theater, sporting event, or phone records.

4. Insanity

The insanity defense, which you may hear about all the time in tv courtroom dramas, is used infrequently for a few reasons. The first is the insanity defense is another affirmative defense, which requires that the defendant prove, beyond a reasonable doubt, that he or she was suffering a severe mental disease or defect at the time the crime was committed.

The insanity defense means that either the defendant was unable to distinguish right from wrong when the crime was committed (the M’Naghten Rule), or the defendant had an “irresistible impulse” to commit a crime, meaning that he or she knew what they were doing was wrong but was unable to stop doing it.

The second reason insanity is rarely raised is that the defense requires the defendant to admit that the crime was committed and that they committed it. If the jury does not agree that the defendant was insane, they have admitted too many of the facts against them, and probably given the prosecution a very easy win. A third reason insanity defenses are used less than you might think is that a successful insanity defense generally results in institutionalization.

5. Self-Defense

The defense of self-defense may be raised for crimes like assault, battery, and murder, where the defendant used violence in a justified way to respond to violent actions or the threat of violent actions coming from the victim. The amount of force used by the defendant must be reasonable and proportionate (generally, the same or less) to the amount of force used by the victim.

For example, a defendant’s self-defense against a middle-aged man attacking him with a broken bottle in a bar fight will be treated very differently than his self-defense against toddlers climbing on him in a daycare setting.

6. Defense-of-Others

Like self-defense, another defense involving justified use of force or violence is the defense-of-others defense. This may be used where the defendant used violence to protect someone else – a spouse, a child, another family member, or even a stranger. A person could invoke this defense if they used violence to stop someone who physically attacked another rider on a bus.

7. Defense-of-Property

Similar to self-defense and the defense-of-others, the defense-of-property defense may be raised where the defendant used force or violence to protect property, such as land or items, from damage or destruction. This defense has an additional limitation, in that the amount of force used to protect property can never be lethal.

8. Involuntary Intoxication

Involuntary intoxication is a lack of intent defense. If the defendant was in a state where he or she did not know what they were doing due to intoxication, this defense cancels out the intent aspect of most crimes.

Can being too drunk or too high really serve as a defense to committing a crime? The answer is maybe. If the person who was intoxicated did not become voluntarily intoxicated, such as if their drink was “spiked” or they ate something at a party did they did not realize was “laced” or drugged with a narcotic.

9. Voluntary Intoxication

Unlike involuntary intoxication, getting drunk or high deliberately and then committing a crime will not stand as a valid defense. However, certain crimes that have a specific intent requirement – meaning, the prosecution must prove beyond a reasonable doubt that the defendant intended to commit the act, and additionally, intended the specific consequences of his or her act to occur – may be subject to the voluntary intoxication defense.

legal defenses in criminal law

10. Mistake of Law / Mistake of Fact

Sometimes, a defendant may have been unaware of a fundamental element of a crime that the prosecution has charged him with. For example, if a defendant is charged with stealing a car, but believed his family member or friend wanted to give him the car, a mistake defense would exist.

This defense is also a useful embezzlement defense or fraud defense. For example, with an embezzlement charge, if the defendant was in a position of authority or responsibility for someone else’s property, kept or used the property without the permission of its rightful owner, used the property to his or her benefit, and had the intent to permanently deprive the owner of the property, this would ordinarily constitute embezzlement. However, if the defendant thought he or she was given the authority to use the property by the person, such as believing he or she was supposed to make an investment with the victim’s money, they would have a valid mistake defense.

11. Duress or Coercion

This defense involves someone else threatening to use force or violence to get you to do something against your better judgment. Essentially, it means you were forced to commit a crime. Many Hollywood movies about organized crime families – The Godfather, Goodfellas, The Departed – all focus on the mafia using coercion to entangle people in their criminal activities, by threatening to harm them or their families. These types of situations provide potential duress or coercion defense.

12. Abandonment / Withdrawal

This defense can be raised when a defendant initially intended to commit a crime or participate in a crime but had a change of heart and withdrew from participation. For most crimes, a defendant can establish that he or she successfully abandoned or withdrew from a crime by showing that he or she stopped participating in the crime prior to its ultimate commission, that any actions undertaken by the defendant prior to abandoning the crime did not contribute to its successful completion, or that the defendant notified the police of the planned crime as soon as possible.

13. Necessity

This is a defense that applies where the defendant committed a crime to prevent more significant harm from happening. For example, the defendant stole a car to drive a gunshot victim to the hospital or stole food to feed his starving family. The defense would not apply if the same defendant stole the car to take a vacation or stole laptops from an electronics store during a riot.

14. Statute of Limitations

This is a procedural defense. Sometimes, a certain crime will have a specific window of time in which it can be brought by the prosecution. If the window closes, the statute of limitations may bar the prosecution from bringing the case.

Criminal Defenses: the 4 Main Categories

What are the four categories of criminal defenses

If you’re looking to find out more about the four main categories of criminal defenses, it must mean that your criminal case is about to begin and that you’re doing everything you can to prepare for it. However, don’t forget to get familiar with the different stages of the court process, as well as the minutiae of criminal motion hearings.

Only once you’ve learned more about these aspects of the criminal law can you begin your trial. But not before hiring an experienced qualified legal representation. While many individuals focus on trying to find the most affordable criminal attorney in San Diego, you should focus more on knowledge and track record when choosing your lawyer. 

You cannot go through the entire process of a criminal trial all alone, nor should you. There are qualified professionals that can help you go through it. But, it still doesn’t hurt to know more about the categories of criminal defenses.

What are the four categories of criminal defenses?

Criminal courts require the jury or the judge to determine guilt beyond a reasonable doubt in order to find the defendant “guilty” for a crime. That is why criminal attorneys employ various criminal defense strategies in order to create reasonable doubt for their clients. 

When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocenceconstitutional violationsself-defense, and insanity. Each of these strategies has its uses in different cases, and selecting the best strategy for a case depends on the case itself, but also on the experience and the prowess of the criminal lawyer. Let’s see what the four primary categories of criminal defenses are.

Innocence

Even though pleading innocent seems like the most straightforward of defenses, you and your attorney need to do a lot more than simply take the witness stand and say you did not do it. A criminal attorney still has to spend a lot of time building a defense strategy around the claim of innocence in order to successfully bring the case to closure. 

Your attorney should search for experts and witnesses to testify, and even help find potential evidence that could point to you not being able to commit the crime. Sometimes, the defense revolves around evidence that clearly shows that another party is guilty of a crime, while at other times all you need are strong alibi witnesses.

The job of the prosecution remains the same – to prove you are guilty beyond a reasonable doubt. However, that is not your concern. You and your attorney should focus on presenting as much evidence and as many witnesses and experts that prove your innocence.

Constitutional violations

Whether you’re guilty of a crime or not, you have the right to some protections under the Constitution of the United States of America. Constitutional violations are very common in criminal trials, especially concerning the treatment of the defendants, the circumstances of the arrest, and the manner in which the evidence was collected.

A good violation of the Constitution can often get the charges completely dismissed, or it can make the prosecution agree to a certain plea bargain for a less harsh charge. Experienced criminal lawyers will immediately look for Constitutional violations, as they make an effective, powerful defense. Here are some of the most common Constitutional violations:

  • Not reading the Miranda warning to the defendant during the arrest
  • Illegally looking for and seizing evidence from the home or vehicle of the defendant
  • Not obtaining a warrant
  • Getting a coerced confession
  • Breaking the chain of custody on the collected evidence

Self-Defense

Self-defense is a criminal defense category that is mostly employed in instances of battery or assault, but sometimes even murder. When pleading self-defense, the defendant claims that they caused harm or killed the victim in order to protect their own life against the violent threats of the victim. 

Although the movies depict self-defense as an easy-to-win and straightforward criminal defense, in reality successfully claiming self-defense is a lot more difficult. The defense has to prove the existence of an incredible danger or risk that justifies the defendant using excessive or lethal force.

The category of self-defense also applies to instances where the defendant was protecting his loved ones – family or friends, and even if the defendant was protecting a stranger from being harmed by the victim. The self-defense category demands thorough and detailed preparation by your attorney, as well as a good basis for such a claim to be made.

Insanity

Pleading insanity while committing a crime works in a small number of situations, and these defenses are affirmative ones, as they imply the defendant is admitting the crime but under alleviating circumstances.

When claiming insanity at the time of the crime, it is up to the criminal defense lawyer to prove beyond a reasonable doubt that it was the defendant’s mental illness that made them commit the crime. However, as simple as this may sound, the insanity defense is very hard to prove.

What makes the insanity defense difficult to prove?

In order to successfully claim the insanity defense, the criminal defense lawyer has to prove that the defendant was unable to differentiate right from wrong while committing the crime. What’s more, when using this defense strategy, the defendant’s admitting guilt. That’s what makes this criminal defense category not only difficult, but also very risky to use. 

Who is the best affordable, but experienced criminal attorney in San Diego?

When you’re in legal trouble, you need to think about hiring legal representation to help you win your case. However, you cannot break the bank either, and you’re looking for an affordable criminal lawyer to help you out? Vik Monder of Monder Criminal Lawyer Group is here for you.

We offer all our potential clients different payment methods to make sure they get the best possible legal representation that will not leave them in debt. Our offices are conveniently located in the vicinity of Pantoja Park. Contact us today and let us help you with your legal struggles. 

6 Qualities Of A Good Criminal Defense Lawyer

6 Qualities Of A Good Criminal Defense Lawyer

Dealing with a criminal charge can be a traumatic experience. Given the legal consequences of a conviction, hiring the services of a criminal defense lawyer should never be taken for granted. However, not all legal professionals are good enough to handle your case. 

For instance, working with an inexperienced lawyer can only make your situation worse and more stressful. This is one of the reasons why you should be careful when choosing someone to represent you in court. 

Here are the six qualities of a good criminal defense lawyer that you should consider from the get-go:

1) Knowledgeable And Experienced

Typically, all lawyers know exactly how to navigate the laws for their clients. They spent four or more years in law school and passed the bar examinations so they can legally practice their profession. However, just like other professionals, lawyers have different specializations. 

If you want someone who can help you with your criminal offense, you need a legal professional who specializes in criminal law. A knowledgeable criminal defense lawyer is familiar with the case filed against you and can come up with the appropriate defenses to help you get out of trouble. 

Moreover, you should also pick someone who has valuable years of experience in handling criminal cases. If you hire an inexperienced lawyer, you might have a lesser chance of winning your case. So, make sure to choose someone who knows how to defend your rights in criminal prosecution. 

2) Open For Flexible Fee Arrangements During The Duration Of The Case

Generally, hiring a criminal defense lawyer can be expensive. Most law firms that are fully staffed with trained lawyers and professionals require payment before providing top-notch legal representation and exceptional customer service. 

Fortunately, a good criminal defense lawyer, like the ones in Kurtz & Blum, PLLC, is open for flexible fee arrangements during the duration of the case. Although they require you to pay their fees, they’ll try to work out payment arrangements that suit your budget. That way, they can deliver high-quality legal services without compromising your bank account. 

3) Good Communicator

Having a lawyer with good communication skills can be a great way to win your criminal case. Regardless of the charge you’re facing, it’s important to choose a criminal defense lawyer who can communicate legal advice in a way that you’re able to clearly understand the laws involved in your situation, the plea options available to you, and the potential issues that might come along the way. 

Moreover, a lawyer with effective communication skills isn’t only a speaker. They should also be a good listener so that they can respond to your queries clearly and properly. In other words, when your lawyer knows how to effectively communicate with you, you’re able to facilitate a great client-lawyer relationship. 

4) Treat Client’s Personal Information And Specifics Of The Case As Strictly Confidential

A good criminal defense lawyer handles their client’s personal information with utmost care and confidentiality. If your legal counsel discloses your case to their peers and other external sources, it could mean that they’re not treating any personal information and the specifics of your case as confidential. 

So, always look for a lawyer who can keep all the things discussed between you and them confidential and private. That way, the outcome of your case and your privacy will not be compromised in the long run. 

5) Good Negotiator

With hundreds of cases being tried in courts, most lawyers will try to settle the criminal cases outside of the four corners of the courts. Hence, if you want someone who can make the best possible deal, look for a lawyer who’s also a good negotiator or someone who can persuade the court to enter into a negotiation. They should be a great speaker who can negotiate agreements to judge for approval. 

Also, a legal professional with good negotiation skills should maintain commitment and determination to achieve the best possible outcome for you. 

6) Thorough In The Preparation Of Your Case

As mentioned, facing a criminal charge can be extremely frustrating. Because of this, you should choose a criminal defense lawyer who can ensure a positive outcome for your case. They should be thorough and detailed in the preparation of your criminal case proceedings. For instance, they should consider every piece of evidence that can strengthen your defense strategy. 

Also, a good legal professional should be able to provide honest legal advice about your criminal case and consider all the possible ways to represent and defend your rights and interests at the trial. 

Final Thoughts

When hiring a criminal defense lawyer to represent you, it’s essential to consider whether they have the qualities of a good legal professional. Therefore, if you want to ensure that your lawyer is dedicated to protecting your rights, keep these points in mind, and you’ll have better chances of winning the case and getting your normal life back. 

TOP 10 TIPS TO HIRING A CRIMINAL DEFENSE ATTORNEY

Criminal charges can be a delicate matter. One wrong step and you could end up losing your freedom or facing some other devastating consequences. However, no matter how bleak the situation looks, a good criminal defense attorney can make all the difference.

Your attorney can be the difference between an acquittal and a conviction. Knowing how important this is, it’s okay to wonder what to look out for when searching for a criminal defense lawyer.

In this article, our experienced attorneys explain what you should know when prospecting for a criminal defense attorney and tips to make the best hire possible.

TIPS FOR HIRING A CRIMINAL DEFENSE ATTORNEY

The first thing to do when arrested and facing criminal charges is to get a good criminal defense attorney. It’ll go a long way in tipping the scale in your favor.

However, before hiring an attorney, you should take special care to hire one best-suited to handle your case. So, here are a few tips that can help you find such an attorney.

#1. FIND OUT HOW RESPONSIVE THE ATTORNEY IS

One of the first things to consider before deciding on an attorney is their responsiveness. A good criminal defense attorney should respond quickly when you reach out to them. They should be able to arrange a meeting with you within a day after you contact them.

This goes to show you how serious an attorney is about handling your case. It tells you their level of commitment and how much you can rely on them in emergencies.

#2. FIND OUT THE ATTORNEY’S AREA OF SPECIALIZATION

Many attorneys engage in the general practice of law. The problem with this is that these general attorneys usually lack the depth of experience and expertise that comes with specializing in one area. As the saying goes, “Jack of all trades, master of none.”

As such, before hiring an attorney to represent you in a criminal matter, you should ensure that they specialize in criminal law. You can determine this by the number of criminal cases they have handled and their success rate in such cases.

#3. HIRE A LAWYER THAT UNDERSTANDS THE PROCEDURES OF THE LOCAL COURTS

Every court has guidelines and processes that attorneys coming before it must abide by. Therefore, it’s essential to ensure that the attorney you hire is familiar with these procedures as it applies to the relevant court.

The lawyer’s familiarity with the local judges would also come in handy during the trial.

#4. CHECK REVIEWS

This is a significant area to consider when trying to hire an excellent criminal defense lawyer.

You can learn quite a lot about an attorney through the reviews on the internet. However, you should be careful because some sources are reputable while some are not. You should check reputable third-party sites like Yelp, Google Review, and Better Business Bureau for unbiased reviews.

Going through these reviews lets, you know what to expect from a lawyer. However, you shouldn’t rule out an attorney because of one or two bad reviews.

#5. REFERRALS

When trying to decide on an attorney to hire, you could ask friends, neighbors, or family members for referrals. And if you have a lawyer that handles other matters, you can ask them to refer you to a good criminal lawyer.

This would help save you some time in your search for the right lawyer.

#6. GET AN ATTORNEY THAT HAS ADEQUATE KNOWLEDGE OF THE CRIMINAL LAW

You may likely not bother about this area because you might feel that an attorney should understand the basics of criminal law. Well, you can’t be too careful.

You should ensure that the attorney you are hiring knows the criminal law like the back of their hands. This doesn’t mean that they must know everything about the law. However, after years of experience in the field, they should be very familiar with the basics.

As such, a good criminal defense lawyer should be able to work their way through most areas of criminal law comfortably. Also, they should be able to state the reasons behind your charges and the processes of the charges.

Most importantly, a knowledgeable criminal defense lawyer will know the right questions to ask. These questions will help produce information that will be useful during the trial process. Furthermore, the attorney should be able to explain the likely outcomes and penalties for your case to you.

#7. ASK THE ATTORNEY ABOUT THEIR FEE STRUCTURE

Some attorneys will try to extort you by covering some charges by using vague terms. A trustworthy criminal defense lawyer won’t try to act shady regarding their charges.

To avoid hidden charges, it is vital that you draw up a contract when hiring a criminal defense lawyer. This contract must clearly state the terms you are agreeing to at the beginning of the case.

Also, it is crucial to be cautious of strange pricing.  This can be a price that is too low or high. If a lawyer offers you their service for a ridiculously low price, it may mean one of two things.

It can mean that the defense attorney you are hiring has a bad reputation. Otherwise, it could be that they would bring up hidden charges later on in the case. Both of these scenarios are not in your best interest.

At the same time, you should also be skeptical of criminal defense lawyers that charge a high fee for their services. This is because a lawyer may charge a high price due to their popularity and not necessarily their success rate. Even if you are paying a high fee, you need to make sure that you are getting your money’s worth.

#8. ASK FOR REFERENCES

Always ask a lawyer for references before you go on to hire them. They should be able to provide at least three references of past clients whose cases were similar to yours.

Once you get those references, make sure to contact them. When you do, ask them what their experience was like working with the lawyer.

#9. GET A LAWYER THAT IS CONFIDENT IN THE COURTROOM

The lawyer you plan to hire must be confident in their skill. A lawyer that is confident in their ability will be quite persuasive in the courtroom. If your lawyer does not project confidence, they won’t be able to convince the jury about your innocence.

For a lawyer to project confidence, they need experience. If you hire an experienced attorney, you’ll notice how they carry out their duties with confidence.

You can judge a lawyer’s confidence based on the first impression they leave. A confident lawyer will display their confidence through their composure when meeting with you for the first time. They’ll greet you with a firm handshake, maintain eye contact, and have a good posture during consultation.

#10. GOOD COMMUNICATION SKILLS

Criminal cases can be intricate at times. That’s why you must hire an attorney that creates an atmosphere that enables you to communicate freely with them. A good criminal attorney will pay rapt attention to everything you have to say. They will ensure that they get all the details concerning your case to handle it properly.

Also, a good attorney would ensure they are easily accessible. When you contact an attorney on the phone, they should give you their email address and other means of communicating with them. This will ensure that you are always in touch with the attorney during every step of the legal process.

CONTACT SARA JONES LAW, P.A.

Searching for the right criminal defense attorney is worth your time and effort. This is because there’s a lot at stake when you’re facing criminal charges. Your reputation and freedom are what’s on the line. Therefore, you need someone who will defend you and provide the best possible outcome.

At Sara Jones Law, we have competent and experienced criminal defense attorneys that are well suited to defend you in court. Our lawyers are not only well versed in criminal law, but they’re also passionate about protecting the rights of our clients. Contact us today and let us work to turn the tides in your favor.

10 Fast Facts About Criminal Defense Lawyers

Every day, people have to respond to criminal charges. They may have to appear in court and deal with prosecutors, law enforcement, and court staff. It’s not easy. You need help but may not know much about criminal defense lawyers. The following fast facts about criminal defense lawyers may help if you need an attorney in the future.

1. Our Personal Feelings Don’t Matter.

We take criminal defense very seriously. People who have been charged with crimes need help, and we are here to provide it. How we feel personally about the crime should not affect our representation of you.

2. It’s Your Constitutional Right to Have a Criminal Defense Lawyer.

The Sixth Amendment to the United States Constitution states:

“In all criminal prosecutions, the accused shall enjoy the right to … have the assistance of counsel for his defense.”

If a crime has been alleged against you, then you have the right to have an attorney represent you in court.

3. We Research the Jury.

Many cases are settled before trial. When cases do go to trial, it’s usually before a jury. Before and during a trial, lawyers may do a little research on the individual jurors. Sometimes a juror may have lied or misrepresented something during jury selection that could affect their ability to reach a verdict. Jurors must be as impartial as possible.

4. Criminal Defense Lawyers Watch for Body Language Cues from the Jury.

Attorneys, their staff, or jury experts often read the jury during opening statements, testimony, and closing statements. By watching how the jurors react to evidence and testimony, the attorneys can speculate whether an argument is working or not. For example, jurors may nod when they agree with something, but shake their head or frown when they disagree. Body language cues from the jury can help the attorney change course if necessary.

5. We Instruct Our Clients Not to Talk About Their Cases.

During an arrest, law enforcement officers include the following sentence in their Miranda warning: “Anything you say can and will be used against you in a court of law.” This statement does not just apply when you are in police custody. Telling friends, family, and cellmates about your case is a huge mistake that could lead to very negative consequences.

6. We Often Like “Can’t Win” Cases.

Every case is important to criminal defense attorneys. However, a ‘can’t-win’ case gives lawyers a chance to use their skills, training, and experience to help someone who very badly needs their help.

7.  Criminal Defense Lawyers Realize that Jurors Watch True Crime and Police Shows.

It’s impossible to ignore this important part of our culture. Many jurors have watched shows like NYPD Blue, Law & Order, and NCIS, as well as other popular crime shows. Unfortunately, in some cases, jurors may feel they know or understand more than they actually do. Your lawyer will keep this in mind while preparing your case.

8. We Pay Attention to Public Opinion.

Jurors and others involved in your case may be influenced by information in the news or being spread by word of mouth. Society generally frowns on certain crimes more than others. Lawyers know this and may use this fact while working on your defense.

9. Criminal Defense Attorneys Cannot Tell Anyone if Their Client Confessed.

Communications between a client and attorney are to remain confidential under most circumstances. Lawyers usually are prohibited from revealing anything their clients have said.

10. We Know It’s Possible to Fight Forensic Evidence.

Law enforcement obtains some evidence by scientific means. Blood tests, DNA tests, blood spatter analysis, and ballistics testing may be admitted as evidence at trial. Often, people feel a defendant cannot challenge this type of evidence. Your experienced attorney knows that it is to challenge forensic evidence.

Talk to Our Experienced Criminal Defense Lawyers to Get the Best Outcome Possible

From minor crimes to major ones, you need the kind of defense offered by an attorney who knows the criminal justice system.

At the Dailey Law Firm, P.C., our team of skilled lawyers and professionals provide sound and current legal representation that you need. Call us at 844-342-5353 to set up a free consultation or use the Contact Form on our website. There’s no fee for personal injury cases unless we win.

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