What To Consider When Choosing A Law Firm For Your Business

Choosing a law firm for your business can be a difficult and challenging task. If you want to select one that will make sure you receive the best representation possible, it is important to take some time to think about what to look for in a law firm. This includes your specific business needs and what kind of lawyer you want to work with. Ensure you find a professional who will be able to represent you well by considering the following when choosing a law firm for your business:

Experience And Reputation

When picking a law firm, it’s important to think about the experience and reputation that they have. You may want to think about the experience they have with various types of legal issues. A well-prepared legal team with the necessary experience can help you according to the Benton Law Firm in Dallas.

For example, if you have a problem with your employees, you may want to find a law firm that has much experience dealing with employment discrimination. On the other hand, if ever you want to discuss matters with the government, then you should think about a firm that’s knowledgeable about these issues.

It’s also important to know about the experiences that the law firms hold in the area of the law you need to work with, whether you have a startup business or an already existing company. For example, it’s important to see how experienced the law firm is when it comes to handling personal injury cases or the reputation of a car accident lawyer for your company vehicles. When it comes to accident and emergency claims in the workplace, you should choose a reputable specialist law firm such as PJF Accident & Emergency Claims to get the best outcome from your cases. This is especially true if you’re working with people who may need legal help when they have been injured.

Education

It’s also important to check out the education that the lawyers in the firm hold. There are various degrees that lawyers may have. Some are more formal, whereas others are more informal. Some of the formal degrees are obtained in universities while some of the informal ones are earned in technical schools of law. 

Licenses

When looking for a law firm, it’s important to find one that holds a number of licenses that cover specific types of practices. This way, you can feel comfortable working with the firm without worrying about any licensing issues that may come up. Licenses are especially important if you are dealing with an area of law that’s not yet recognized as legal.

Specialization

It is also important to consider what type of law the firm deals with. It can range from civil law regarding contracts, to criminal defense, to estate planning, to family law, to intellectual property, employment law, patent law, and more. You should think about what type of law you need to work with, and whether you’re working with professionals who are well-versed in the area of law you need to deal with.

What To Consider When Choosing A Law Firm For Your Business

Cost

Another thing to consider when choosing a law firm for your business are the costs that the firm charges. You may pay a large amount of money for the services of a particular law firm, but this doesn’t necessarily mean that they will be of better quality or will offer better service than any other law firm. You should check to make sure that they can provide you with the kind of service you need at the price you’re willing to pay for.

Why Hire A Law Firm For Your Business?

Choosing a lawyer for your business is something every company needs. From hiring staff to creating policies for the company, all of these tasks require an expert legal professional. So, why do so many businesses turn to legal professionals? 

When running your business, it’s important to have a firm grasp on the law. It means that you must always retain a competent professional to guide you through legal matters. The benefits are numerous, including the following:

  • It allows you to get legal tasks and matters done faster. 
  • You also reduce the amount of time it takes for someone to take care of your needs if you have an emergency or you need an expert in the field to come out or handle something for you outside of normal business hours.
  • As the company grows, you’ll need a legal professional to review lease agreements and employment contracts. Eventually, you may be sued by a customer or wish to sue an employee for breach of contract.
  • You may need a legal professional to assist you in forming your business or help you integrate with your existing business.

Conclusion

When identifying what to consider when choosing a law firm for your business, it’s important to look at the experience of the person you are hiring. It’s also important to find out what kind of fees the law firm charges for their services, as well as what types of licenses they have and their specializations. 

How To Hire A Litigation Attorney

Litigation, or handling a dispute through the courts system, isn’t necessarily the most convenient or cost-effective method for resolving legal disputes, but in some cases, it’s unavoidable. Potential plaintiffs should consider hiring a litigator following injury accidents, instances of professional malpractice, breaches of contract, financial disputes, and negligence claims. Businesses or individuals who have received a notice of intent to sue or are facing an impending lawsuit should consult a litigator as soon as possible before the issue escalates. Here’s how to find and hire the right litigation attorney for your situation, whether you are contemplating filing a lawsuit, or you are being sued.

  1. Determine if and why you need legal representation.
  2. Know what’s involved in the lawsuit process and how long it might take.
  3. Identify what type of litigation attorney is right for you.
  4. Begin researching litigators, and look for these qualifications.
  5. Take advantage of your initial consultation to ask these important questions.
  6. Understand the cost of hiring a litigation attorney, and how and when you will pay.

Determine if and why you need legal representation.

Litigators handle every type of dispute imaginable, especially those involving businesses, shareholders, and employees. Litigation lawyers may focus on contracts, product liability, and other specialized practice areas, such as the following:

  • Intellectual property, including patents, trademarks, and copyrights
  • Professional negligence, including medical malpractice and breach of fiduciary duty
  • Liability, such as manufacturing defects and breach of warranty claims
  • Discrimination, employment disputes, and non-compete violations
  • Environmental law and pollution claims
  • Defamation, libel, and slander cases

Whether you want to file a lawsuit against another party, or you are being sued by another party, it is vital to have an experienced litigator on your side.

Know what’s involved in the lawsuit process, and how long it might take. 

Filing a lawsuit is just the first step in what is often a long journey to legal resolution. Just how long that journey is may depend on many factors, including the complexity of the case and the number of individuals or organizations named in the suit, whether the case is filed in state or federal court (which have very different resources and dockets), and the probability of pre-trial settlement. It’s important to understand that most lawsuits take a minimum of one full year. It’s equally important to understand that, due to attorney caseloads, court date availability and other factors, activity on most lawsuits is periodic, rather than constant, with stages of intense activity and long lapses in activity in between. Generally, for both the plaintiff and the defendant, the lawsuit process involves these steps:

1. Pleadings

This is the first step, and involves submitting a complaint that explains the jurisdiction, the plaintiff’s claims, and the damages being sought. The complaint will ask for a jury if the plaintiff is seeking a jury trial.

2. Discovery

In this step, the attorney will seek information to strengthen their arguments in their client’s case. As the name of this phase implies, discovery compels both sides of the suit to share information with each other, and prevents each from concealing information from one another. This is often the longest phase of the litigation process.

3. Motions

During this phase of the lawsuit, parties may proceed with filings that ask for certain actions from the court. Dispositive motions refer to motions in which the court’s ruling could result in a termination of the lawsuit, while non-dispositive motions are those in which the court’s ruling addresses a question.

4. Settlement Negotiation

This is the last step before trial, and it’s a critically important one. Due to the cost and often intense stress of courtroom trials, they are best avoided whenever possible. A good litigation attorney knows this, and will work to achieve a settlement deal on behalf of their client before the suit goes to trial.

5. Trial

While a trial can be expensive and disruptive, the elements of a court trial are fairly straightforward. They are:

  • Selecting a jury
  • Opening statements
  • Witness testimony and cross-examination
  • Closing arguments
  • Jury instruction
  • Jury deliberation and verdict

Identify what type of litigation attorney is right for you.

There are two main types of litigators. The circumstances of your case will determine which is the appropriate type of attorney to handle your case. Civil litigation attorneys generally represent individuals in torts, such as personal injury, medical malpractice, and employment-related cases. Commercial litigators typically represent businesses involved in complex legal matters, such as intellectual property claims, antitrust lawsuits, class actions, and disputes over trade secrets. They may also litigate cybersecurity violations, fraud, shareholder disputes, and breach of contract/breach of fiduciary duty claims. It should be fairly simple to determine your situation, and base your initial attorney search on the right type of lawyer for it.

Begin researching litigators, and look for these qualifications.

Litigation is a diverse yet highly specialized area. For best results, you should select a trial lawyer with experience directly related to the dispute in question. Personal injury victims may want to seek out an attorney who offers aggressive representation. On the other hand, a small business may prefer a pragmatic professional who can provide the desired results while minimizing time and cost expenditures.

In addition to these general qualities, and your personal rapport with the attorney, look for an attorney’s certification from the National Board of Trial Advocacy. This nonprofit organization confers board certification to attorneys in the areas of civil trial law, civil practice advocacy, criminal trial law, family trial law, social security disability law and truck accident law. Attorneys with NBTA certification have demonstrated extensive experience and knowledge in their field of specialization.

Some individual states, including California, Louisiana, Florida, Minnesota, New Jersey and Texas, also have their own state-sponsored certification programs for litigation attorneys specializing in specific areas, while other states, such as Alabama, Indiana and Ohio, accredit the certification programs of other private organizations.

Take advantage of an initial consultation to ask these important questions.

Hiring a litigator is an important decision that can determine the outcome of a case. In business settings, professionals who are responsible for hiring litigators look for candidates who are intelligent, creative, and have a strong work ethic. They may ask for general information about the lawyer’s experience and bar admissions to ensure that the lawyer is qualified to practice in the appropriate court or district. Other important questions to ask may include:

  1. Have you litigated cases like mine, and what were the outcomes?
  2. What is your current caseload?
  3. Are you familiar with the judge and/or with the other party’s attorney in my case?
  4. What will be your strategy with my case?
  5. Will you handle my case personally?
  6. How long do you anticipate the process will take, and how often will you update me?

Understand the cost of hiring a litigation attorney, and how and when you will pay. 

Typically, litigators who represent plaintiffs work on contingency, which means they’re entitled to a portion of any settlement or court-awarded damages after the case is completed. On the defense side, litigators usually charge an hourly fee ranging from $250 on the low end to $500 or more for the most accomplished and experienced professionals, usually with a retainer required up front. Commercial litigation attorneys bill hourly or on a contingency basis, with hourly rates averaging $250 to $500 per hour, or a contingency percentage of about 33%. Clients are also responsible for paying expert witness fees and filing fees, among other associated costs.

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. 

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