Guide to Finding Defense Lawyer
Defense Lawyers are attorneys, barred by the state, that represent clients who are being sued or being prosecuted for a crime. When seeking Defense Lawyers it is important to note that a Defense Lawyer does not handle both criminal and civil matters. An individual accused of a crime should only seek the counsel of criminal Defense Lawyers. Likewise if one is being sued then the person should seek civil Defense Lawyers. Under the Constitution of the United States every individual is guaranteed the right to Defense Lawyers in criminal matters. If an individual is indigent and cannot afford Defense Lawyers then the state is required, by law, to appoint a criminal Defense Lawyer known as a public defender. There are many pro bono and legal aid resources that may supply free Defense Lawyers to those who cannot pay for Defense Lawyers when defending themselves in a civil matter.
DUI Defense Lawyer
A DUI Defense Lawyer is important whenever an individual is arrested for a driving under the influence of alcohol. Depending on the jurisdiction that the individual is arrested in he or she may be charged with a DUI or a DWI. The penalties associated with these may differ. A DUI Defense Lawyer is important for defending oneself against a DUI charge, which is a lesser penalty in some states and is often charged when it is an individual’s first offense or is slightly over the legal limit. A DWI Defense Lawyer will be required when the infraction is excessively over the legal limit or this is a second or third offense.
A Drunk Driving Defense Lawyer is also essential because the Drunk Driving Defense Lawyer is more equipped to handle the matter before a court. DWI Defense Lawyers will be familiar with the jurisdiction, the police department, court personnel and; most importantly, the judge.
When seeking a DUI Defense Lawyer it is important to ask specific questions such as: How much experience does the Drunk Driving Defense Lawyer have in that particular jurisdiction?; Does the DWI Defense Lawyer know the prosecutor and the judges in the court system? What are the DWI Defense Lawyer’s previous accomplishments in defending against DWI or DUI?; Where did the DWI Defense Lawyer go to law school?; and what result does the Drunk Driving Defense Lawyer expect will come from this case.
DUI Defense Lawyers are essential because they know what questions to ask and what information to gather. DWI Defense Lawyers will search for calibration records of the breathalyzer used by the police. The Drunk Driving Defense Lawyer will also pull the records of the arresting officer and even go back to his or her police academy records.
DWI Defense Lawyers are adept at getting the right information. If a breathalyzer was used during the arrest of an individual DWI Defense Lawyers will get calibration records, collect documents concerning the fallibility of the test and argue that the test was administered incorrectly. DWI Defense Lawyers will also know the laws concerning Miranda rights and other 5th and 6th amendment rights. In this way Drunk Driving Defense Lawyers are much more equipped to get relevant evidence suppressed due to either constitutional violations or the unreliability of the testimony or evidence.
A DUI charge is serious and should not be handled by oneself. Drunk Driving Defense Lawyers will be able to mitigate fines and drivers license suspensions. The penalties associated with drunk driving can be severe and often include suspensions of licenses for up to a year for a first offense. DUI Defense Lawyers will be helpful in reducing these suspensions by showing that the charged defendant is a functional member of society and by using other strategies.
DWI Defense Lawyers are expensive and when considering DUI Defense Lawyers one should consider the cost analysis of the situation. Depending on the charge, number of violations, Blood Alcohol Content and other factors the cost of Drunk Driving Defense Lawyers can be very expensive. A person arrested for drunk driving who is contemplating retaining Drunk Driving Defense Lawyers should consider what the possible fines and suspensions could be and then analyze that against what the benefits of having Drunk Driving Defense Lawyers would be.
It is even more important to retain a Drug Defense Lawyer if one has been arrested for possession, distribution, or sale of a controlled substance. Depending on what it is and the amount of the substance, the penalties associated with even possession can be more than a year in prison. A Drug Defense Lawyer will be familiar with the jurisdictional laws involving controlled substances.
In many situations an individual will be arrested for possession with intent to distribute or sell. A Drug Defense Lawyer is best suited to handle the matter and possibly be able to reduce the penalty to mere possession of a controlled substance. The charge or possession, distribution or sale of a controlled substance is a serious charge and a Drug Defense Lawyer should be contacted immediately upon arrest. One should not answer any questions or offer up any information to law enforcement until the Drug Defense Lawyer is present.
Military Defense Lawyer
A Military Defense Lawyer is an attorney who specializes in the area of military law; specifically court martials. Court martials are very different from traditional criminal proceedings and it is important to have a Military Defense Lawyer on your side if brought up on charges. Court martials can result in drastic consequences to a member of the military’s freedom and livelihood with penalties ranging from 6 months imprisonment to death. For most offenses charged the military will give the accused a court appointed attorney but for summary court martials it is the obligation of the accused to retain his or her own Military Defense Attorney.
Even when the military appoints counsel it is often the case that the appointed Military Defense Attorney is not as equipped as one might like him/her to be. Especially for serious charges, Military Defense Attorneys should be retained through the private sector.
When seeking Military Defense Attorneys an individual should research the matter and find the best Military Defense Attorney. When seeking a Military Defense Attorney one should find out whether the Military Defense Attorneys have been involved in previous military jury trials; their percentage of acquittals and reductions in penalties; whether they were members of the JAG core themselves; and other pertinent questions.
There is also a phenomenon known as unlawful military command influence. If one retains a Military Defense Lawyer who has been appointed by the court it is much more likely that that individual can be influenced by higher ranking officials, even though it is his/her obligation to represent you to the fullest. An independent Military Defense Lawyer will not be subject to the militaries influence and it is one of the major reasons to seek outside Military Defense Lawyers, no matter what the charge.
Fraud Defense Lawyers & Insurance Defense Lawyer
Fraud consists of the purposeful, reckless or even negligent inducement of an individual to acquire property or services of another. A Fraud Defense Lawyer is someone who specializes in the defense of individuals charged with fraud. Fraud can take many forms, including tax fraud, insurance fraud and healthcare fraud. It is important to have a Fraud Defense Lawyer who is competent in that specific area which the individual is charged. When an individual passes a fake check, induced someone to perform actions under the color of an obligation or convinced someone that they have no rights pertaining to a certain situation fraud has been committed and that person, if served with a complaint or arrested, should get a Fraud Defense Lawyer. Even if the individual is a bona fide purchaser of a fraudulent document and then re-sells the fraudulent document that person can be prosecuted or sued and it is best to retain a Fraud Defense Lawyer.
Insurance Defense Lawyer
An Insurance Defense Lawyer is someone appointed by a defendant’s insurance company with the sole purpose of defending the individual in court. Insurance Defense Lawyers represent the insurance company under an individual’s insurance policy. The Insurance Defense Lawyer has the job of arguing a case to either quash any civil action against the insured defendant or mitigate the damages. It important to remember that the Insurance Defense Lawyers do not represent the insured, they represent the insurance company. It is important to note because the job of the Insurance Defense Attorney is to attempt to mitigate damages below the defendant’s policy coverage. If the injuries to the plaintiff are severe and it is unrealistic that the damages will be below the maximum coverage of the insured then the Insurance Defense Lawyer has no incentive to mitigate damages as much as possible. One should attempt to seek an outside personal injury attorney, in addition to the appointed Insurance Defense Attorney, for this reason and also because the Insurance Defense Lawyer is often not appointed until well after a cause of action accrues. A personal injury lawyer will be able to handle a case immediately and do investigative work and retain evidence and information that would have disappeared by the time an Insurance Defense Lawyer has been appointed.
Juvenile Defense Lawyer
A Juvenile Defense Lawyer represents minors in criminal prosecution by the state. Criminal proceedings involving juveniles occur in juvenile court and it is important that an accused minor have a Juvenile Defense Lawyer, not just a criminal lawyer. One of the most important reasons to have a Juvenile Defense Lawyer is to mitigate the charges. Depending on what the offense is allegedly committed by the minor the individual could be charged as an adult. If this happens then the records of the child’s conviction will not be sealed. A Juvenile Defense Attorney will make it his/her priority to ensure that whatever judgment is handed down by the court it will be sealed so that it will not follow the individual for the rest of his/her life. A Juvenile Defense Attorney is also very important because a minor child is very susceptible to police interrogation. Law enforcement is aware of this and will try to take advantage of the minor and coerce information. As soon as a minor child is arrested a Juvenile Defense Lawyer should be retained and advise the minor not to speak to anyone about the matter.
Personal Injury Defense Lawyer
A Personal Injury Defense Lawyer is an attorney, barred by the state, who practices in the area of civil litigation and tort law. A personal Injury Defense Lawyer usually defends clients who have been sued for negligence. If a person is negligently injured by the actions of another then the matter can be actionable. The Personal Injury Attorney will have the knowledge and expertise to either get a case dismissed or mitigate damages. Depending on what the injury is and whether the cause of action was an intentional tort or negligence the costs to a defendant, especially without insurance, can be astronomical. A Personal Injury Lawyer will usually charge by the hour and require expenses to be paid in advance.
Felony Defense Lawyer & Criminal Defense Lawyer
A Criminal Defense Lawyer represents clients who are being tried as defendants in both misdemeanor and felony matters before a state or federal court. Probably more than any other legal situation it is very important to retain a Criminal Defense Lawyer. If an individual is charged with a misdemeanor the penalties may seem minor but a conviction can still result in the imposition of a prison sentence that may last for up to one year. Even if this is a short period of time it can ruin an individual’s career, family and finances. A Criminal Defense Lawyer is best equipped to help to reduce a sentence or get an acquittal of misdemeanor charges.
A felony is a different matter altogether. A felony is defined as any criminal act that has a punishment of more than one year in prison. A Felony Defense Lawyer will be expensive but considering the alternatives that is usually the only option. An individual charged with a felony should not consider cost and hire the best Felony Defense Lawyer available. Staying out of prison is considered priceless if you’re charged with a felony, you should get the best defense you can.
Defense Lawyer Salary
The salaries for defense lawyers vary considerably. A Defense Lawyers Salary varies depending on the type of litigation they are involved in. The Defense Lawyers Salary also depends on the location that the Defense Attorney is practicing in. A Defense Lawyer who works in white collar crime will make a larger salary than one who deals with assault and other “blue collar” crimes. A Defense Lawyer can be a paid through a number of methods including retainer, by the hour, and on a contingency basis. The average salary of Defense Lawyers is between $44,000 and $200,000.