Criminal Defense Practice Specialties

A summary of common criminal defense practice specialties.

-DWI and DUI Defense - Issues arising from operation of a vehicle (including cars/trucks, boats, snowmobiles, etc.) while under the influence of alcohol or drugs, or while intoxicated or impaired. DWI and DUI charges carry a wide range of penalties and collateral consequences. If injuries are sustained, charges could include criminal vehicular operation and homicide. DWI and DUI charges can range from a misdemeanor to felony level.

-BWI Defense - Issues arising from operation of a boat while under the influence of alcohol or drugs, or while intoxicated or impaired. If injuries are sustained, charges could include criminal vehicular operation and homicide.

-SWI Defense - Issues arising from operation of a snowmobile while under the influence of alcohol or drugs, or while intoxicated or impaired. If injuries are sustained, charges could include criminal vehicular operation and homicide.

-Wisconsin OWI cases - Issues arising in Wisconsin from operation of a vehicle (including cars/truck, boats, snowmobiles, etc.) while under the influence of alcohol or drugs, or while intoxicated or impaired. If injuries are sustained, charges could include criminal vehicular operation and homicide.

-Sexual Crimes Defense - Sex offenses vary dramatically depending on the crime. Focuses on issues arising from sexual assault, rape, statutory rape, nonconsensual sex, sexual crime against a child, possession of pornographic images of children, prostitution, etc.

-Internet Crimes Defense - Issues arising from identity theft, computer hacking, cyber stalking, internet fraud, possession of child pornography, as well as many other types of crimes.

-Violent Crimes Defense - Crimes including homicide (murder), manslaughter, domestic violence or domestic assault, rape, theft and larceny through aggravated assault, assault and battery or terroristic threats, arson, as well as many other types crimes that are considered violent.

-Drug Crimes Defense - Crimes including drug possession, drug trafficking, drug distribution and drug manufacturing as well as prescription fraud.

-Property Crimes Defense - Crimes include criminal damage to property, theft, forgery, possession of stolen property, and credit card transaction fraud.

-White Collar Crimes - White collar crimes include many subcategories of criminal activity. They focus on issues arising from embezzlement, credit card fraud, computer/internet fraud, bank fraud, issuing worthless checks, bribery, antitrust violations, etc. Other types of issues include extortion, forgery, insurance fraud, money laundering, tax evasion and securities fraud.

-Felonies & Misdemeanors - Generally, a felony is any crime that may be punished by more than a year in prison. A felony charge might be issued for grand theft, 1st degree assault, murder, rape, kidnapping, racketeering, etc. A misdemeanor is a crime of a less serious nature. More descriptive similarities and differences between the two also help reinforce the importance of an experienced and knowledgeable attorney when faced with either of these charges.

-Minnesota Criminal Defense - Issues arising from terroristic threats, hate crimes, crimes of omission, orders for protection, harassment/stalking orders, assaults (including domestic assault), drug-related offenses, criminal vehicular operation (which can include cars/trucks, boats, snowmobiles) and well as many other types of criminal charges.

-Federal Crimes - Federal crimes constitute a violation of a statute passed by the United States Congress. Can also include crimes committed across state lines.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Article Source: http://www.articlesbase.com/law-articles/criminal-defense-practice-specialties-620995.html

Defending Yourself Against Criminal Time – Defense Attorneys

Attorneys are one of the more respected careers and the one that is hated the most. It may depend on which side of the court you are. Your attorney can be the link between having a clear reputation or one that is stained forever. A criminal defense attorney, is not excused from, this type of problem or situation.

A criminal defense attorney will stand up for those who have been accused of wrongdoing. The type of crimes differs in nature and the level they are committed. Someone who has been charged with a drug crime may have been involved in selling, buying, or simple possession of the illegal drugs. A defendant who has been charged with a crime of violence that caused injury or death of another person may have done this on purpose. Being violent to women and children, prejudice, or murder for any reason is involved in this type of crime. Other crimes a criminal defense attorney deals with are sexual abuse, sexual assault, lewd acts, and robbery. Each of these has sub categories and varying degrees of offenses under it and each with its own set of laws.

The criminal defense attorney may use all the tricks in showing the evidence, juggling with point after point, and giving oral pieces to change the minds of the jury and the audience sitting in on the trial. It does not matter if you accused because you are guilty or just falsely accused; the attorney is there to do what is necessary to make you look innocent. If the accused is found to be guilty without any hope of change, the defense attorney is there to make sure you get the lesser amount of time for the crime. This is great for anyone who is facing death row because it is possible to bring it down to life in prison. For more info see http://www.findlawyershelp.com/Personal_Injury_Lawyer/ on Personal Injury Lawyer.

A criminal defense attorney does not only give the client a face in court and defend them to a not guilty plea but they can act as a counselor also. The attorney will give the client their rights and the possible amount of money, physical, or emotional effects the case will have. Anyone convicted of a crime will have a criminal lawyer on their side to find a way to get them free from legal obligations to the level of not having anything on their record at all. This is dependent on the case and will be different with each state. The defense attorney can help you petition the court for appeals, retrials, and habeas procedures to a larger court. All of which, if not done correctly, can get you into more trouble, or out of the trouble you are in.

The National Association of Criminal Defense Lawyers (NACDL) is a group that is holding the responsibility of moving ahead with the important things that criminal attorneys need to be successful in America. Its dream is to provide a fair trial to any person blamed of committing a crime.

Article Source: http://www.isnare.com/?aid=168422&ca=Legal

Criminal Defense Attorneys Note Oddities in Healthcare Fraud Statistics

At the start of the new millennium, Americans were spending 1.3 trillion dollars each year on healthcare; anyone with a proper understanding of human nature recognizes that, when that much money is at stake, the unethical among us seek their personal benefit at the cost of those around them. The IRS estimates that between 3 and 10% of healthcare costs may be fraudulent. Even at minimum, that's an absolutely paralyzing $39 billion lost, including over $13 million in Medicare payments-yearly.

Obviously, something should be done. And yet, as so often happens, federal investigators and prosecutors typically rely on a heavy and injudicious hand-rather than a consistent one-when it comes to stanching the flow of money lost to healthcare fraud. The strategy appears to be to make examples of individuals, rather than bring about systemic change, which would be inconvenient and difficult.

Statistical data bears this out. According to government statistics, a mere 466 investigations of healthcare fraud were undertaken between 2005 and 2007, with only 203 cases actually resulting in sentencing. Investigation and prosecution of fraud cases is certainly a complex field, but it seems obvious that a $39 billion dollar problem can't be caused by a mere 50-60 people each year.

The same human nature that leads to healthcare fraud leads investigators and prosecutors to cut corners, attempting to solve a legitimate problem with minimal effort and personal expenditure. The problem lies in the fact that, when the focal point become individual prosecution rather than systemic change, it's entirely possible for the innocent to be greatly inconvenienced, falsely accused, or even wrongfully convicted.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more, visit http://www.wannamakerlaw.com

Article Source: http://EzineArticles.com/?expert=Daniel_Wannamaker

Former defense attorney indicted

MARTINSBURG, W.Va. — A former Martinsburg criminal defense attorney whose license to practice law has been annulled was indicted on 11 counts of practicing law without a license by a grand jury seated this week for the February term of circuit court in Berkeley County.

Steven M. Askin of 412 S. Raleigh St., Apt. 2B, could not be reached for comment about the presentation of state’s evidence the jury heard from West Virginia State Police Sgt. D.E. Boober.

Askin’s license to practice law in West Virginia was annulled more than 10 years ago, according to court records

Askin was released from federal prison in 1996 after serving a six-month, 20-day sentence in Cumberland, Md. He reported there in April 1996 after pleading guilty to criminal contempt for refusing to testify before a federal judge in a May 1994 drug trial for four defendants, including one of his own clients. All four were convicted.

The 11-count indictment alleges nine people were counseled by Askin within one year of the grand jury’s findings.

Among others indicted this week was former Martinsburg City Councilman Glenville K. Twigg on counts of assault and battery in April 2008.

Police have alleged Twigg struck a woman in the head with a wooden club at what was his business at 110 Centre St.

Askin and Twigg were two of 56 people who were indicted this week before proceedings ended Thursday afternoon.

Article Source: http://www.herald-mail.com/?cmd=displaystory&story_id=217198&format=html

Questions and Answers About Criminal Defense

What type of crime have I been charged with?

There are four different levels of offenses in Minnesota: the Petty Misdemeanor, Misdemeanor, Gross Misdemeanor, and Felony. They are defined by the possible sentence you could receive if you were convicted of the offense.

- A Petty Misdemeanor is a non-criminal offense punishable by a maximum $300 fine. You cannot go to jail for a petty misdemeanor.

- A Misdemeanor is punishable by up to 90 days in jail, and/or a $1000 fine.

- A Gross Misdemeanor is punishable by up to one year in jail and/or a $3000 fine.

- A Felony is punishable by over one year in prison and/or more than a $3000 fine.

It is beneficial to find an attorney or lawyer that are experienced in defending people charged with all levels of offenses.

I have been charged with a crime. What are my rights?

You have an absolute right to have an attorney represent you.

You do not have to talk to police about the crime you have been charged with. If you choose to talk to police you have a right to have an attorney with you when you do so. A lawyer or attorneys can assist you in making that decision.

You have a right to a trial by either a judge or a jury depending on the charges.

- At the trial, the State would have to prove your guilt beyond a reasonable doubt. If you choose to have a jury trial, all members of the jury would have to agree that you are guilty.

- The State must bring their witnesses against you into court and you have a right to question those witnesses.

- You have the right to subpoena witnesses to come into court and testify on your behalf.

- You have the right to either testify at your trial or remain silent. If you choose to remain silent, neither the prosecuting attorney nor the judge may comment to the jury on your decision.

You have a right to a pre-trial hearing where you can contest the evidence that the State wants to use against you at the trial.

These are very important decisions that a lawyer or attorney can assist you with.

What will happen if I am convicted?

If you are convicted of a crime the court will impose a sentence that may include any of the following:

- Jail or prison time - Fines - Community Service - Electronic Home Monitoring - Probation conditions, such as: - No-contact orders - Education requirements (Anger Management, DWI Education, Victim Impact Panel Attendance, etc.) - Abstinence from chemical use (alcohol and drugs)

In addition to jail time and fines, there are other possible consequences (collateral consequences) if you plead guilty or are found guilty at a trial.

- Traffic offenses and DWI offenses may result in your driver's license being suspended or revoked. - If you are convicted of a felony, you will not be allowed to possess a firearm under state and federal law. - Conviction of certain offenses can require you to register with the State as a predatory offender. - Conviction of certain offenses may result in suspension or revocation of certain professional licenses.

If your decision is ultimately to plead guilty, lawyers or attorneys can negotiate the best possible outcome for you and can help you understand or avoid the collateral consequences of a conviction.

What can a criminal defense attorney do for me?

The legal system is complicated and confusing. A criminal defense attorney or lawyer can:

- Represent you while your case is being investigated and try to prevent criminal charges

- Challenge evidence against you and make sure illegally obtained evidence or inadmissible evidence is not used at your trial

- Determine whether you have any legal defenses to the crime you have been charged with that could result in the charges being dismissed or an acquittal at trial.

- Negotiate with the prosecutor to get you the best outcome possible if you decide to plead guilty to the charges.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.


Article Source: http://www.goarticles.com/cgi-bin/showa.cgi?C=1032409

11 Costly Mistakes to Avoid When Hiring a Criminal Law Attorney

Mistake #1: Hiring an attorney without extensive experience in the field of criminal law. Mistake #2: Hiring an attorney who is not licensed to practice law before all state and federal courts in your state, as well as before the United States Court of Appeals and the U.S. Supreme Court. Mistake #3: Hiring an attorney who is not a member of professional associations such as the National Association of Criminal Defense Lawyers, American Bar Association and Association of Trial Lawyers of America, as well as the trial lawyers and bar associations from your state. Mistake #4: Hiring an attorney who isn’t honest in explaining his fees and what’s included upfront. Mistake #5: Hiring an attorney without knowing who will represent you in court. Mistake #6: Hiring an attorney who you don’t feel comfortable with or someone who you don’t feel confident in his abilities to assist you. Mistake #7: Hiring an attorney you don’t trust. Mistake #8: Hiring the lowest priced attorney. Mistake #9: Hiring an attorney who isn’t upfront about the merits of your case. Mistake #10: Hiring an attorney who doesn’t have an excellent reputation with his clients and the entire legal community. Mistake #11: Hiring an attorney who doesn’t take the time to listen carefully to your needs. Resource Box

Frederick D. Paoletti, Jr. is the founding principal of Paoletti & Gusmano Attorneys at Law, a criminal defense and personal injury firm located in Bridgeport, Connecticut. For more articles related to protecting yourself during personal injury and criminal situations, please visit <http://www.paolettilaw.net>;

Article Source: http://www.goarticles.com/cgi-bin/showa.cgi?C=1104018

Criminal defense attorney

You’ve seen them on TV in their black coats; the formidable forces of law, the strong and intense breed of professionals called criminal defense attorneys. Of course, going by the drama that plays itself out on TV, you would be forgiven if you thought that defense attorneys are always saving people involved in some bloodcurdling crime or the other. In real life however, that is not entirely true. In fact, a criminal defense attorney is a lawyer who represents any person accused by the law. Crimes may vary from kidnapping, murder and weapons trafficking to the more complex misdeeds like wire fraud, investment or bank frauds, counterfeiting and money laundering.

A good criminal defense attorney is one who has full knowledge of the law pertaining to the state he represents and has enough experience working with the federal criminal system. To begin with, the attorney sets out on a fact finding mission. Their first job is to collect as much information as possible, from the client and through various investigative agencies, if necessary. The client and his attorney form a team and for this team to work efficiently, the client has to repose complete faith in their attorney.

Many people who need the services of a criminal defense attorney make mistakes while hiring somebody for the job. Which is not surprising, considering that the need is urgent and there is little time to go through an elaborate selection procedure. However, there are certain ways in which you can ensure that you enlist the right criminal defense attorney: • Contact an attorney you have already worked with and ask them for recommendations or references. • Do not rush to hire someone you have worked with in the past. Before you hire an attorney you have worked with in the past, find out whether they are criminal lawyers. A lawyer who may have handled your divorce need not make a good criminal attorney. • Before hiring, make sure that the lawyer can handle the type of case you are involved in. Generally, not all criminal defense lawyers handle all kinds of criminal cases. In this context, it is better to approach a firm of lawyers, since they are more likely to have team members with the necessary expertise. • Many states have their own laws. Enlist the services of a lawyer who is an expert in your state. • If you are not hard pressed for time, visit at least a couple of lawyers before choosing. Stay away from lawyers who push you into a particular course of action. Hire a person whose approach is similar to yours. • Don’t be taken in by previous records of the lawyer you have chosen. A couple of wins in the past does not mean that he or she can win your case for you.

Choosing a criminal defense attorney wisely takes some time and research. However, when you consider the fact that your life or your life’s savings hang in the balance, the caution, research and footwork you do is definitely worth it.

Article Source: http://www.goarticles.com/cgi-bin/showa.cgi?C=1124462