Eleven Attributes Of A Good Criminal Defense Attorney

December 30th, 2009

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

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

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

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

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

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

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

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

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

5. Remember confidentiality:

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

6. Consider any immigration consequences:

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

7. Communication with the client:

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

8. Investigation:

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

9. Legal research and motions:

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

10. Negotiation:

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

11. Trial

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

David Wise
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Dui Guilt Myth — Chapter 9

December 30th, 2009

Chapter 9 DWI Lawyer Bob Keefer: DUI Guilt Myth


                                                                        CHAPTER 9

“I NEED TO CHOOSE A LAWYER–WHAT QUESTIONS SHOULD I ASK?”
So now you have been released. Do not wait. Now is the time to hire a lawyer who can guide you through the complex and ever changing field of DUI law. The process of preparing your case—the investigation, the motions to suppress evidence, the analysis of evidence, and more—needs to get started right away.

It is difficult to pick a lawyer, not only because there are so many out there, but also because—since you are not a lawyer yourself—you do not know what a good one looks like. What is worse is that many consumers fall prey to myths and misconceptions about lawyers and they wind up picking an attorney who is not qualified to meet their needs. Here are a few of the most common myths.


Myth #1: “All lawyers have the same experience and training.”
We already touched on this myth in chapter 1 but it is worth mentioning again. Even if a lawyer has practiced law for decades, even if he or she has a fantastic resume, even if he or she has argued cases before the Supreme Court, there is no substitute for expertise in DUI law and experience defending clients who have been arrested for DUI.


Myth #2: “If a lawyer advertises that he takes DUI cases it is because he has experience in DUI law.”
This myth is similar to the first, but it is different in an important way. You may know how important it is that the attorney has experience in DUI law, but you might assume that, because an attorney takes DUI cases, he or she has the necessary experience. As a consumer, you know that advertising is often misleading. This is no less true when it comes to advertising for lawyers.

Myth #3: “The State Bar determines whether a lawyer can advertise as a DUI lawyer.”

The reality is that there is no requirement that a lawyer must meet before the State Bar permits a lawyer to advertise as a DUI attorney. The only thing is needed is a license to practice law.


Myth #4: “All law firms will take my case to trial.”
As strange as this may seem, many law firms are not committed to taking your case as far as it needs to go reach the best outcome for you.


Myth #5: “All lawyers carry Malpractice Insurance.”
Malpractice Insurance is not required of attorneys. This means if your lawyer does not carry this coverage and he makes a mistake, you may be out of luck. It a lawyer does not carry malpractice insurance, it does not mean that he or she is confident that it will never be necessary. More likely it means that the lawyer cannot afford it.


Myth #6: “Calling a Lawyer Referral service or using internet sites that offer to find you a lawyer service is the way to find a competent lawyer.”
Lawyer Referral Services and internet sites are a nice idea, but they are far from perfect. Many do not adequately screen the attorneys they refer clients to.


Myth #7: “Lawyers who have a big ad in the Yellow Pages or a TV commercial must be successful because they can afford this advertising.”
Just because a lawyer is on TV or has a big two-page yellow page ad does not mean he or she is successful or qualified. All it means is he or she shelled out a lot of money to make people think that. TV stations and yellow page companies do not care if the lawyer is competent; all they care about is that the check clears. Is that the way you want to decide who is going to protect you and your family?

Eventually you will want to speak with a number of attorneys who might represent you. This kind of consultation is usually free. The most important thing to remember when speaking with a potential lawyer is not to be afraid to ask questions. The best and most qualified lawyers will welcome your questions and they will take it as a sign that you have done your homework. Remember that when you are interviewing an attorney, the attorney is also interviewing you to see if he or she wants to take your case. A good lawyer would rather represent a truly prepared client, a client who is committed to getting the best legal representation available.
Here are a few questions you should ask in order to make an informed choice of who will represent you.

• “How many years have you been in practice?”

This will tell you much about the attorney’s potential experience. But, also ask what they have done all those years.

• “How much experience do you have representing persons who are charged with DUI?”

You should leave the attorney’s office confident that you have spoken to someone who has real expertise and experience in DUI law.

• “Do you have real experience handling a case like mine?”

You do not want a lawyer who sees your case as a new experience that he or she would like to try. You want someone with the experience necessary to do the job for you.


• “How many cases have you taken to jury trial?”
Your case might need to go to trial in order to get the outcome you deserve and it is imperative that your attorney have trial experience if it is required.

• “Who in the office will actually be handling the case and what are their qualifications?”

Most attorneys work with a team. The lawyer that you might be speaking with might not actually be the person who does the bulk of the work.
• “Are you covered by a legal malpractice insurance policy?”

There is really no two ways about this. Your attorney should have malpractice insurance. Malpractice insurance is just as much insurance for you as it is for your lawyer.


• “Have you ever been disciplined by the State Bar?”
You do not want a lawyer with a long disciplinary rap sheet and you deserve to know if your lawyer has been disciplined in the past.


• “What are all the potential legal costs, including investigators, experts and the like?”
The lawyer should be honest with you about what your case might cost. You want to be secure that the lawyer is not luring you in with promises of unrealistically low fees and costs.

•”What challenges do you see in my case?”

The lawyer should be able to explain to you what he or she sees as the challenges you face and what they could mean for the ultimate result.

• “How will you keep me informed about my case?”

You must feel comfortable with the attorney’s commitment to communicate with you. You should know if you would really be kept informed of developments in your case.


• “What will be the final outcome of my case?”
A good attorney will not promise you a specific result, because it is always impossible to be certain how a case will turn out. Any other answer is dishonest and unethical. A good attorney can only promise to do his or her best job in defending you.

When you look for a potential defense attorney, tell him or her everything that you think is relevant, and then some. Something that you dismissed as a minor detail might make all the difference in your case. Most importantly, be honest. You have nothing to fear. Except in rare cases, if you are talking to an attorney face to face, even before he or she has decided to take your case, you already enjoy attorney-client privilege. This means that nothing you say could ever be used against you. If you ever have any doubt that your communication with the attorney is “privileged,” you should simply ask.
Now you have decided on a lawyer who has offered to take your case. You have paid good money and you have entrusted the lawyer to help you. Now you need to tell your lawyer everything about your case. Everything. A common complaint among defense lawyers is that they learned a critical fact that they needed to know, not from their client, but from the prosecutor or a witness. Withholding information can only increase your chances of being convicted. But no matter what, having found an experienced attorney to represent you, you should rest assured that you are well prepared for the next phase of the process: the trial.

Bob Keefer
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Legal Help for Dui

December 30th, 2009

Getting legal assistance for DUI situations is something you must consider if you are arrested for driving under the influence. DUI is a criminal offense and the penalties can be harsh and severly impact the quality of your life in a bad way. You may think hiring a DUI attorney will be way too expensive, but think about it in terms of your how you life will be affected. Instead of thinking of it as a cost, think of getting legal assistance for DUI as an investment in your future. If you don’t consult with a DUI attorney, you may be convicted of a criminal offense and sentenced to jail time, fines, probation, and other penalties. If you do work with a DUI attorney, especially one that’s knowledgeable and aggressive, you’ll have an experienced legal professional working with you to help you win your case. Although your attorney can’t promise you a successful outcome, getting qualified legal assistance for DUI cases is the optimal way to handle your DUI defense.

Physical Impairment Cases – One of the ways a prosecutor can handle a DUI case is by choosing to focus on your physical impairment at the time when you were arrested. Being physically impaired means you that were unfit to safely operate a motor vehicle at the time of your arrest. When the prosecutor handles a case based on physical impairment, he will attempt to prove that you were impaired at the time of your arrest. Law enforcement officers or other witnesses may testify about your driving habits, behavior, and appearance at the time you were stopped on suspicion of DUI. Your results on field sobriety tests may also be introduced to further prove that you lacked the motor and mental skills required to safely operate a motor vehicle. Getting legal assistance for DUI when the prosecutor is focusing on your physical impairment is quite important.

Per Se DUI Cases – Another way a prosecutor can manipulate a DUI case is by concentrating on the results of chemical testing done after your arrest on a DUI charge. The theory behind a per se charge of DUI is that having a blood alcohol concentration level that exceeds a certain limit means you were driving under the influence, regardless of whether you showed any signs of physical impairment or not. In most states, the legal limit is 0.08% for driving under the influence cases. Getting legal help for DUI cases involving a per se DUI is especially important. Testimony concerning chemical testing may be complex, so you’ll need a qualified advocate to sort through all of the information and defend you against the charges. Your lawyer may also have expert witnesses called to testify during your trial to show that the test results were not valid or that testing was not performed properly.

Fighting License Suspensions – You’ll need legal assistance for DUI charges and for handling another part of your DUI case – suspension of your license. When you’re arrested for DUI, your driving privileges are automatically suspended as an administrative penalty. The suspension happens even before you present your defense at a trial. You’ll need a qualified attorney on your side so you have someone who’s qualified to speak for and represent you during any possible appeal hearings that take place. If you have a skilled attorney, you might be able to get a restricted license or a temporary license that will allow you to drive to work, school, and other necessary destinations until your criminal trial takes place. For most people, not being able to drive can really mess up your life – having an attorney help you get your driving privileges reinstated is extremely important.

Sentencing – Getting legal help for DUI is also extremely important even if you are convicted of the DUI charge. The reason is that judges can consider a number of circumstances prior to sentencing convicted offenders, your attorney may be able to convince the judge to impose probation instead of jail or to reduce the penalties imposed against you in some other way. Your attorney can speak to the judge on your behalf and let him know about anything that could work in your favor. This information can include any disabilities you have that could not be adequately cared for in jail, family responsibilities like caring for your children while your spouse works or caring for an elderly family member, or the fact that you are the only source of income for your family. Although you won’t be able to get out of the DUI or erase it from your record, this information might persuade the judge to sentence you to probation and other penalties instead of jail time, if it’s appropriate based on the number of convictions you have and any aggravating circumstances that may be part of your case.

Carson Danfield
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Does anyone know an attorney in the Orlando area that specializes in DUI’s?

December 9th, 2009

Does anyone know the best dui attorney in the Orlando area who specializes in DUI’s? I was hoping to talk to someone over the phone to get an idea of cost.

Criminal Defense Lawyer & DUI Attorney
(407) 540-1551 richardhornsby.com
401 N Mills Ave, Ste D, Orlando, FL 32803

Orlando DUI Attorney / DWI Lawyer
(407) 513-4544
Orlando, FL 32801

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DUI General Overview: DUI Attorney Eric P. Ganci, Esq.

December 8th, 2009

This video discusses a very general overview of the California DUI process. A California DUI requires quick actions, and the process is very convoluted. Please visit www.gancilegal.com for more information, or contact me at eganci@gancilegal.com or (619) 512-3384 for a free consultation regarding your California DUI/DWI.

Duration : 0:1:57

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Nas Says He Was Racially Profiled In DUI Arrest

December 8th, 2009

Nas Says He Was Racially Profiled In DUI Arrest

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Lisa Bloom Interview with Pennsylvania DUI Attorney Justin McShane – Part 1

December 8th, 2009

Pennsylvania DUI Lawyer Justin McShane is interviewed by CBS and CNN legal analyst Lisa Bloom where they talk about DUI, DUI training, DUI specialization and the need to know what you are doing.

For professionally aggressive representation, visit http://www.themcshanefirm.com

Duration : 0:1:5

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Lisa Bloom Interview with Pennsylvania DUI Attorney Justin McShane – Part 4

December 7th, 2009

Pennsylvania DUI Lawyer Justin McShane is interviewed by CBS and CNN legal analyst Lisa Bloom where they talk about DUI, DUI training, DUI specialization and the need to know what you are doing.

For professionally aggressive representation, visit http://www.themcshanefirm.com

Duration : 0:4:10

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Atlanta DUI Attorney

December 7th, 2009

Atlanta DUI attorney William Head explains how his firm will help with the defense and emotional impact of a DUI charge. Contact HTW&W around the clock by visiting http://www.absolutely-not-guilty.com/duicaseevaluation.html

Duration : 0:0:46

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Pennsylvania Drunk Driving DUI Defense Attorneys George & Joseph

December 6th, 2009

The law firm of George & Joseph frequently represent those who have been charged with DUI or drunk driving. In Pennsylvania the blood alcohol content is a .08. Anytime you exceed the BAC of a .08 and sometimes even when your BAC is lower you may be charged with a DUI. In Pennsylvania the penalties are serious and may have serious consequences. In some cases, if you are a first time offender you will be eligible for ARD. You need an experienced law firm to handle your defense and make sure your record is cleared up. Contact us today for a free case evaluation. We welcome cases from across the state of Pennsylvania from places like Pittsburgh, Plum, Natrona Heights, Tarentum, Kittanning, New Kensington, Indiana, Clarion, Slippery Rock, Butler, Ford City, Blairsville, Greensburg, Derry, Latrobe, Irwin, and surrounding areas.

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