federal criminal defense attorney: 2009

Saturday, March 21, 2009

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

Friday, March 20, 2009

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

Tuesday, March 17, 2009

Criminal Defense Attorneys Note Oddities in Healthcare Fraud Statistics

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

Friday, February 20, 2009

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 isnâ€™t honest in explaining his fees and whatâ€™s included upfront. Mistake #5: Hiring an attorney without knowing who will represent you in court. Mistake #6: Hiring an attorney who you donâ€™t feel comfortable with or someone who you donâ€™t feel confident in his abilities to assist you. Mistake #7: Hiring an attorney you donâ€™t trust. Mistake #8: Hiring the lowest priced attorney. Mistake #9: Hiring an attorney who isnâ€™t upfront about the merits of your case. Mistake #10: Hiring an attorney who doesnâ€™t have an excellent reputation with his clients and the entire legal community. Mistake #11: Hiring an attorney who doesnâ€™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

Youâ€™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: â€¢ Contact an attorney you have already worked with and ask them for recommendations or references. â€¢ 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. â€¢ 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. â€¢ Many states have their own laws. Enlist the services of a lawyer who is an expert in your state. â€¢ 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. â€¢ Donâ€™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 lifeâ€™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

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.goarticles.com/cgi-bin/showa.cgi?C=1199690

How to select a Criminal Defense Attorney

Criminal defense attorneys come with a variety of areas of expertise. Many attorneys not only handle the routine criminal defense cases, but many also concentrate on one specific area within criminal defense. For example, some may focus on violent crime defense, some may focus on rape defense, and others may have special knowledge of tax law or SEC investigations. Although no area requires that the lawyer be one who concentrates in that area, it can be very beneficial to find one that does have expertise relating to your case. With some cases, however, it can be difficult to find a lawyer that concentrates in that area due to a shortage of lawyers that choose to concentrate in some areas. Finding a lawyer who is willing to put in time to learn about your case and who is genuinely interested in your defense is an acceptable substitute in this situation.

In areas where there are plenty of lawyers to choose from, the choice is not as clear. One must decide if they want someone who has well-established credentials and experience, or someone who is young and will make up for lack of experience with hard and dedicated work. Determine what types of qualities are important to you, and start from there.

No matter which lawyer you choose, it is important to follow a few guidelines before you finalize your selection. Look at what legal organizations the lawyer belongs to. Belonging to the County and State Bar Associations should be a definite requirement. Membership to the National Association of Criminal Defense Lawyers, the State Association of Criminal Defense Lawyers, or to the ABAâ€™s Criminal Justice Section is a good sign that criminal defense cases are important to the lawyer in question. If he or she has held office in any of the organizations that he or she belongs to, that is an even better qualification.

Once you have a few candidates, make arrangements to meet the lawyer to decide if he or she has the skills to handle your case. Having a good relationship with your lawyer is important, so if you do not get along well, chances are the experience will not be a good one. Ask if the lawyer has had teaching experience. This shows that he or she is capable of research, fieldwork, and dedication, all of which are needed for teaching.

In the end, the goal is to find a lawyer that will be handle the case in question. Young attorneys are able to handle misdemeanor and traffic cases, but those with much more experience, at least five years of criminal practice, should handle felony and federal cases.

Being charged with a crime can be a stressful and difficult time, no matter what the situation is. Having a criminal defense lawyer on hand to answer questions and to guide you through the experience can be extremely valuable. Select a lawyer that will be able to focus on your case and give it all the attention that it deserves.

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=1297610

Defense attorney shares a few tricks for sparring in the courtroom: Shaun Khojayan plans to market a system for selecting juries

There are attorneys and then there are litigators. Criminal defense attorney Shaun Khojayan falls into the latter category as someone who is not afraid to go to trial and keep federal prosecutors on their toes.

Running a small practice of two attorneys, a paralegal and a receptionist, Khojayan, 35, specializes in federal cases. He shuttles between offices in San Diego and Beverly Hills, defending clients accused of federal crimes that range from white collar fraud cases to drug charges.

Since graduating with honors in 1998 from the University of the Pacific McGeorge School of Law in Sacramento, Khojayan has learned a few tricks in his courtroom training and developed a tool for other lawyers in an often overlooked aspect of trial work: jury selection.

Khojayan, who cut his teeth representing indigent men and women with the Federal Defenders of San Diego Inc. and started his own firm in 2004, has trademarked a system that acts as a sort of crib note for lawyers in the jury selection phase of a trial. He plans to release it next month and charge $150 per packet.

He hopes to lecture to other law firms to explain the methodology and perhaps work on consultation. He also hopes it will bring some national exposure to his practice.

"These juries today, regardless of jurisdiction, carry with them a lot of predisposed opinions about criminal defendants, insurance companies, big corporations--about everybody," he said recently from his office above Spreckels Theatre on Broadway downtown.

The product, called Jury Selection Pro, consists of preprinted cards with questions and potential responses; grids to help organize notes; references to relevant case law that can be cited as a basis for challenges; and specific legal language that can be useful in an appeal.

Most jury selection products on the market are treatises on jury psychology, which offer little use for the trial practitioner, he said.

"After discussions with other lawyers and my own experience, I came to realize what questions got to the heart of the matter and what answers are easier to challenge," he said. "This is a practical use and methodology tool."

Legal Aid

Khojayan described how his system can be applied to a challenge for cause, which is a request to dismiss a prospective juror on reasonable grounds.

"Normally what lawyers do is they don't think of the process beforehand. They go into jury selection and do the best they can," he said. "They think they're being effective, but they're not ready when the judge makes a particular ruling on a cause challenge. They're not ready with the citation and special words to get cause granted and preserve them for necessary appeal.

"After lawyers ask their questions, then the judge will ask what each lawyer's cause challenges are," he said. "What happens is the lawyers panic, they can't read their own handwriting and it's too much information to sift through."

[ILLUSTRATION OMITTED]

With proper focus and organization, Khojayan said a lawyer can challenge many jurors without using his six to 10 peremptory challenges, which don't require a reasonable cause to challenge.

"You're left with arguably a fair jury--a jury fair to both sides, but hopefully leaning towards your position," he said.

Khojayan expanded his practice last year to Beverly Hills. He found himself commuting to Los Angeles for cases that were more complex than those in San Diego. Investigators tended to gather more evidence, take more time to bring charges and push for longer sentences.

The move also allowed him to serve the Armenian community in Glendale where he grew up.

With about 400,000 Armenians, Los Angeles is the largest U.S. diaspora of refugees that fled Turkish oppression during World War I, he said.

"You go to a church and it's one big family," he said. "There's always that feeling.

"That's why I have a practice in L.A., to show that I'm a competent Armenian practitioner in federal court," he said. "This is a big service to the community.

"They know they can trust me. I treat all clients equally, but they would know that I care for them on that level as well."

Compact in stature, with short black hair and green eyes, Khojayan shares a large room with Mexico native Adriana Cordoba, whom he hired two years ago just after she graduated from the University of San Diego School of Law.

While studying immigration and family law, which deals with custody issues, Cordoba advocated for indigent clients as a volunteer for Legal Aid Society of San Diego Inc., specializing in property and landlord-tenant issues.

"Immigration is a tough area," said Cordoba. "And family law is messy. No one wins at family law."

Two of A Kind

Boxes of case material stack the wall in the shared office. Both lawyers travel regularly to Los Angeles as well as around the state and as far as New York.

Cordoba says she's getting trial experience that would take years at larger firms.

Article Source: http://findarticles.com/p/articles/mi_hb5247/is_7_29/ai_n29415937

Attacking the Government's Proof Equips Defense Attorneys with the Legal Arguments and Tactics They Can and Should Use to Challenge the Government's E

Put the prosecution on the defensive! Defending Federal Criminal Cases: Attacking the Government's Proof equips defense attorneys with the legal arguments and tactics they can and should use to challenge the government's evidence at every stage of a criminal case.

Beginning with the assessment of whether to cooperate with the government, it provides advice on the substance and timing of defense motions, objections and appeals, as well as open questions and splits among the circuits. Coverage includes: bases for motions to dismiss indictments; obtaining and drafting a Bill of Particulars; Fourth and Fifth Amendment grounds for suppressing evidence; Sixth Amendment rights, including the defendant's right to a speedy trial, confrontation of witnesses, and adequate representation; discovery issues, including the prosecution's obligations under Brady; proven methods for cross-examining government witnesses; capitalizing on perjury by government witnesses; objections based on substantive and procedural due process; and more.

Both scholarly and keenly focused on the needs of practitioners, this new book examines a wide range of motions to file and how you can assert them effectively. Defending Federal Criminal Cases: Attacking the Government's Proof will greatly increase your chances of winning at trial or creating a record for a successful appeal.

This book is updated as needed, generally two times each year.

About the Author

Diana D. Parker

Diana D. Parker clerked for the United States Court of Appeals for the District of Columbia Circuit after graduating cum laude from New York University School of Law in 1980. She is admitted to practice state and federal courts of New York, in virtually every United States Circuit Court of Appeal, and the Supreme Court of the United States. She is the founder of The Law Offices of Diana D. Parker in New York City.

Topics Covered:

-Bills of Particular
-Motions: Bail, Dismissal, Venue, Suppression, and Severance
-Government Disclosure Pursuant To Rule 16 and 18 U.S.C. - 3500
-Disclosure Pursuant to Brady v. Maryland
-The Right to Cross-Examine Government Witnesses: Crawford and Beyond
-Tools for Attacking Typical Government Witnesses
-False Testimony by Government Witnesses
-The Fifth Amendment Right to Due Process

For more information, visit http://www.researchandmarkets.com/reports/c62033

Article Source: http://findarticles.com/p/articles/mi_m0EIN/is_2007_July_9/ai_n19345490

e-Filing for criminal cases starts today in Maryland

Nearly five and a half years after Maryland's federal court became one of the first in the nation to require electronic filing for civil cases, today it will become one of the last to extend that policy to criminal cases.

Documents will be filed through the PACER system, accessible from the U.S. District Court's Web site. Since its March 2003 introduction in Maryland, PACER has contained docket entries for criminal cases but very few documents could be viewed online.

To address the security concerns expressed by defense attorneys, some documents, such as a witness cooperation agreement, will remain sealed. Access to documents containing sensitive financial information will not be accessible online even if they are not sealed.

In addition, upon request, certain docket entries can be sealed and entire cases can be exempt from e-filing, according to the court's attorney manual on the subject.

Attorneys must still serve paper copies of any sealed documents and any documents at all upon pro se litigants. The court also will require paper copies of documents longer than 15 pages.

While the change will certainly come with a learning curve, court clerks believe it will make filing cheaper and more convenient and make the filed documents easier to access.

Two-hour training sessions will be held Tuesday and Thursday at the federal court in Baltimore, and Thursday in Greenbelt. To sign up, go to the U.S. District Court's Web site, http:// www.mdd.uscourts.gov/.

Article Source: http://findarticles.com/p/articles/mi_qn4183/is_20080808/ai_n28000016

Assistant U.S. Attorney Daniel Rubinstein Joins Greenberg Traurig's Litigation and White Collar Criminal Defense Practices in Chicago

CHICAGO -- The international law firm Greenberg Traurig, LLP announced today that Daniel Rubinstein has joined its Chicago office as a Shareholder in the Litigation and White Collar Criminal Defense Practices. Mr. Rubinstein joins the firm after spending more than seven years as an Assistant U.S. Attorney in both Los Angeles and Chicago, and three years as a state prosecutor in California.

Most recently, Mr. Rubinstein was an Assistant U.S. Attorney for the Northern District of Illinois where he served for four years, primarily in the Complex Fraud Section. He has investigated and prosecuted a wide range of federal criminal cases involving complex corporate and securities fraud, racketeering, money laundering, public corruption, terrorism financing, international drug trafficking, and gangs.

In 2007, he was lead prosecutor in a complex racketeering and international money laundering investigation and successful six-week jury trial of two car dealers who laundered more than $25 million in drug proceeds and sent a portion of it to Iran. Mr. Rubinstein was awarded the Department of Justice's Director's Award for Superior Performance as an Assistant U.S. Attorney in connection with the investigation and trial.

He was also lead prosecutor in an extensive Title III wiretap investigation and successful two-week jury trial of an international drug cartel, which was responsible for importing approximately 2,000 kilograms of cocaine into Chicago in 2004, and the subsequent investigation and successful trial of two members of the international drug cartel who attempted to kidnap witnesses who testified against the defendant.

Mr. Rubinstein also served for more than three years as an Assistant U.S. Attorney for the Central District of California, primarily in the Public Corruption and Government Fraud Section.

With more than 10 years of prosecution experience, Mr. Rubinstein has successfully tried more than 20 cases to verdict in state and federal court and successfully litigated numerous appeals before the Seventh and Ninth Circuit Courts of Appeals.

"Dan's experience handling complex financial crime cases, including his success in cross-border investigations, will be a great addition to our national white collar and commercial litigation teams," said Keith J. Shapiro, Co-Managing Shareholder of the Chicago office.

At Greenberg Traurig, Mr. Rubinstein will focus his practice on white collar criminal matters, government investigations, corporate internal investigations, and complex civil litigation. He earned his J.D., cum laude, from Boston University School of Law, and his B.A., with honors, from Brown University. After graduating from law school, he was a Law Clerk for the Honorable Ernest C. Torres in the United States District Court, District of Rhode Island, for two years.

About Greenberg Traurig, LLP

Greenberg Traurig, LLP is an international, full-service law firm with more than 1,750 attorneys and governmental affairs professionals in the U.S., Europe and Asia. The firm was selected as the 2007 USA Law Firm of the Year by Chambers and Partners.

Greenberg Traurig serves clients from offices in: Albany, NY; Amsterdam, The Netherlands; Atlanta, GA; Boca Raton, FL; Boston, MA; Chicago, IL; Dallas, TX; Denver, CO; Fort Lauderdale, FL; Houston, TX; Las Vegas, NV; Los Angeles, CA; Miami, FL; Morristown, NJ; New York, NY; Orange County, CA; Orlando, FL; Philadelphia, PA; Phoenix, AZ; Sacramento, CA; Shanghai, China; Silicon Valley, CA; Tallahassee, FL; Tampa, FL; Tysons Corner, VA; Washington, D.C.; West Palm Beach, FL; Wilmington, DE; and Zurich, Switzerland. Additionally, the firm has strategic alliances with the following independent law firms: Olswang, London, Berlin and Brussels; Studio Santa Maria, Milan and Rome; and Hayabusa Asuka Law Offices in Tokyo.

Article Source: http://findarticles.com/p/articles/mi_m0EIN/is_2008_Feb_20/ai_n24318127

Experienced Federal Criminal Lawyers

To defend against federal charges, you need an experienced federal criminal defense lawyer. Federal court and federal charges are very different from state court and state charges. One significant difference is that the stakes are much higher in federal criminal defense cases. The federal sentencing guidelines are complicated and must be mastered by any federal criminal defense attorney who takes on a federal criminal matter. Sullivan & Brill, LLP has that expertise. Attorneys representing the federal government often have access to tremendous resources. A criminal defense attorney who will defend you from federal criminal charges must be armed with similar experience and resources.

For more than a decade, the federal criminal lawyers of Sullivan & Brill, LLP have proven their ability to successfully take on extremely large-scale, complex cases. The firm maintains law offices in New York City and San Juan, Puerto Rico. They have successfully handled federal cases throughout the country, including Florida, New Jersey, Pennsylvania, and Washington D.C.

The firm’s experience with federal criminal defense includes the following areas:

Drug Crimes, including conspiracy, importation, and trafficking cases
Money laundering
White collar crimes, including medicare fraud, diversion and false claims cases
Firearms offenses
Bank, mail, and wire fraud
Harboring illegal aliens / Illegal re-entry cases
Securities Fraud / Violations cases
Appeals and post conviction relief

The federal criminal lawyers of Sullivan & Brill, LLP have been involved in many notable federal cases in federal courts throughout the country. In United States v. Udechukwu, Rachel Brill, obtained a reversal of drug distribution and importation convictions due to the government’s failure to turn over exculpatory evidence.

In United States of America v. Angelje Sherpa, the firm’s New York City federal criminal lawyer, Steven Brill, defended a major political figure from Nepal, who was wrongfully identified as a drug lord in an international drug conspiracy. Attorney Brill got the case dismissed and on top of that, his client was granted political asylum.

Article Source: http://www.sullivanbrill.com/PracticeAreas/Federal-Criminal-Defense.html

Houston Criminal Defense Lawyer

Houston Criminal Defense Attorney John T. Floyd, Federal Criminal Lawyer: A Premier Criminal Defense Lawyer Defending Individuals and Businesses Accused of Serious Crimes in Houston, Throughout Texas and in Federal Court Across the United States.
ohn T. Floyd is one of Houston’s top criminal defense lawyers with an unblemished reputation for providing faithful and dedicated representation to his clients. He has committed his entire professional career, as a criminal defense attorney, to providing the best possible criminal defense representation to clients not only in Houston but throughout the State of Texas and in federal courts nationwide.

Houston Criminal Attorney John Floyd has been rated as among the best and brightest attorneys practicing criminal law and has been recognized as one of Houston’s Top Lawyers for the People (2008,2009), Top Lawyers: Criminal Defense (2008) and has earned a “Superb” rating, scoring 10/10, from AVVO. He has appeared on national television and radio programs as an expert on criminal law related issues and has been quoted in newspapers and other news outlets throughout the country.

John T. Floyd is not a former prosecutor turned criminal defense attorney. He has never been a prosecutor. He began his legal career in 1994 as a criminal defense attorney and he has built a practice devoted exclusively to criminal defense work. The John T. Floyd Law Firm has worked hard to create, and maintain, a reputation for professional excellence through its successful criminal defense of individuals and businesses accused of committing serious crimes in all state jurisdictions throughout Texas and federal courts throughout the country.

As a criminal defense law firm, the John T. Floyd Law Firm understands the value of pre-trial investigation, pre-trial motions practice, and criminal defense trial preparation. He has qualified legal investigators and a senior paralegal staff under his direction and supervision to bring together the most comprehensive, detailed and competent research possible. The John T. Floyd Law Firm offers client’s the individual attention and personal touch of a high end boutique criminal defense firm along with significant contacts throughout the state and country to assemble a serious criminal defense team that any government prosecutor would find formidable.

The criminal defense attorneys in the John T. Floyd Law Firm take nothing for granted. Every possible detail is investigated, legally researched, and analyzed by Mr. Floyd and his staff before a specific criminal defense trial strategy is developed for the particular needs of the criminal case.

John T. Floyd believes that criminal defense attorneys are the cornerstone of the legal profession. Individuals and businesses accused of criminal wrongdoing have their very lives, businesses, and families at stake and deserve the best possible criminal defense. A false allegation, mistaken identification, botched or fabricated forensic analysis, or prosecutorial misconduct involving the use of perjured testimony or the suppression of favorable or mitigating evidence can very easily lead to innocent individuals and businesses being wrongfully convicted. Scores of DNA exonerations across the country exemplify this tragic reality. As a criminal defense attorney, John T. Floyd is a criminal defense lawyer committed to making sure that this tragedy is not inflicted upon his clients.

State and Federal prosecutors have unlimited prosecutorial resources at their disposal. This is particularly true in the federal courts in Houston, Texas. Federal criminal defense attorneys in Houston, Texas must be prepared to devote their best skills, ingenuity, experience and cutting edge technology to achieve the same level of resources toward the defense of their clients. John T. Floyd is a Houston federal criminal attorney prepared to put forth whatever legal resources are necessary to bring about a favorable outcome for his clients. He is a Houston federal criminal lawyer who understands the awesome powers of the federal government when it targets individuals and businesses for prosecution and he is prepared to defend his clients against such force.

Article Source: http://www.johntfloyd.com/

Federal Criminal Proceedings

rt is helpful during federal criminal proceedings to be represented by a lawyer who is familiar with the federal rules of evidence, federal rules of criminal procedure, trial procedure, and the federal court system in general. The lawyer should also be familiar with federal sentencing procedures, and with the recent Supreme Court rulings which affect sentencing. It helps to have a defense lawyer who is familiar with the U.S. Attorney's office which is handling the case, and ideally some familiarity with the federal investigative agency which spearheaded the investigation.

There is no such thing as a highly qualified federal criminal defense lawyer who dabbles in federal court matters. Lawyers either know federal criminal defense, or they don't. If you are involved in the federal criminal system, make sure your lawyer, or at least one of the lawyers who will be serving on your defense team, has extensive experience with the defense of federal criminal charges. As previously noted, federal criminal defense tends to be very expensive. You will be paying for specialized experience - so make sure you get it.

Article Source: http://www.expertlaw.com/library/criminal/federal_criminal_lawyer.html

Federal Criminal Investigations

If you are contacted by the federal authorities in relation to a criminal investigation, the first thing you must attempt to determine is if you are being contacted as a potential witness or as a suspect. The second thing you must determine is what statements you can safely make to the authorities without potentially falling into a trap, such as being charged with lying to federal agents. Consider for example the case of Martha Stewart, who was acquitted of any direct criminal wrongdoing but spent time in prison for making false statements to federal investigators.

A federal criminal defense lawyer can help you assess the nature and purpose of the investigation, and why you are being approached. While you should expect your lawyer to instruct you to provide honest answers to any questions from the federal authorities, your lawyer may be able to guide you around any potential traps or pitfalls. When appropriate, a federal criminal defense lawyer can be present during any questioning, act as an intermediary between you and the investigating authorities, or advise you to exercise your Fifth Amendment privilege against self-incrimination. If appropriate, a federal criminal defense lawyer may be able to work out a deal where you will cooperate with the investigation, in return for more favorable treatment when the investigation is concluded. In appropriate cases your lawyer may also be able to secure a letter of declination, in which the U.S. attorney formally declines to prosecute you in relation to a particular offense or investigation.

Article Source: http://www.expertlaw.com/library/criminal/federal_criminal_lawyer.html

The Federal Criminal System

The federal criminal system is in many ways like the state system, but it has some very significant differences. One difference is that the typical United States Attorney's office, responsible for prosecuting federal criminal charges, has significantly more time and resources to direct to any given prosecution than would a state prosecutor.

Federal prosecutors also typically have better academic credentials than state prosecutors, and many have a great deal of latitude in selecting the cases they wish to prosecute through the federal courts. Save for crimes which occur on federal land, those cases which fall exclusively to the jurisdiction of a federal prosecutor tend to be of an interstate nature, and are more likely than a state prosecution to be legally and factually complex.

As a result, federal criminal defense tends to involve cases which are more difficult to defend, and the cost of defense is often very high. In each federal jurisdiction there is also a Federal Defender's office, which can provide legal representation to indigent defendants.

Article Source: http://www.expertlaw.com/library/criminal/federal_criminal_lawyer.html

Implied Consent for Breath Tests Under Florida Law

If you are pulled over and asked to submit to a breathalyzer, do you have to do so? The short answer an experienced DUI criminal defense lawyer would give you is yes. Refusing is not likely to prevent an arrest. Florida has an implied consent law, which provides that anyone who drives on Florida roads – even with an out-of-state driver’s license – has automatically agreed to submit evidence to the police if necessary to determine sobriety. Usually that means a breath test, but the police can also check your blood or urine, especially if they believe you are under the influence of drugs. Numerous motorists throughout Miami-Dade, Broward, and Palm Beach Counties face this issue each year. In 2005, the federal Department of Transportation reported that Florida had the highest breath test refusal rate in the country at 37%.

Refusing to submit to a breath test will have consequences. If you are prosecuted for DUI, the state can use your refusal against you. The first time you refuse is not a criminal offense, but the Florida Department of Highway Safety and Motor Vehicles will suspend your driver’s license for one year. Appeals must be filed within 10 days of refusal. After 90 days, you may be eligible for a hardship license to drive to your place of work. You will have to complete a class on substance abuse and driving. If you refuse a breath test on two or more separate occasions, the DMV will suspend your license for 18 months and you will not be eligible for a hardship license during that period. As with the first offense, you can appeal the DMV decision within 10 days of your driver’s license suspension. It is important to contact a criminal defense attorney quickly after your arrest to assist with your appeal. Additionally, if you refuse a breath test two or more times, the refusal is a criminal offense itself, separate from a DUI.

Even if you refuse a breathalyzer, the prosecutor may still be able to prove your intoxication based on other factors. Declining to take the breath test is not a get-out-of-jail free card. For example, police officers and other witnesses might testify about behavior, slurred speech, the smell of alcohol, and field sobriety tests. If you submit to blood and urine tests, those can also show intoxication, including detection of a variety of substances other than alcohol. A DUI conviction can result in a prison sentence, even if it is your first time. See the Florida Department of Highway Safety and Motor Vehicles DUI page for details. If you submit to a breath test and blow over the legal limit of 0.08 your license will only be suspended for 180 days to one year following your first offense, but you will also be subjected to criminal penalties if you are convicted of DUI.

Because of the complicated nature of DUI law, it is important that you seek the advice of an experienced criminal defense attorney before you make these decisions. DUI convictions can result in hefty fines and jail time, especially if your blood alcohol level was very high or there was a child in the car.

This article is intended to provide information, not legal advice. If you have been charged with DUI in Florida, contact William Moore, P.A., which has experienced south Florida DUI lawyers with offices in Miami-Dade, Broward, and Palm Beach Counties.

Articles source : http://www.free-articles-zone.com/article/200329/Implied%20Consent%20for%20Breath%20Tests%20Under%20Florida%20Law

Criminal Defense Attorney

Criminal procedure aims to maintain an orderly legal system that is most effective in the pursuit of justice in light of the truth. Criminal Defense attorneys who specialize in criminal procedure are very careful to review how evidence is collected. They will be very specific in regards to their client’s right and privileges under the law. A criminal defense attorney will ensure that the ideal of “innocent until proven guilty” is maintained through the investigation and presentation process.

The second type of criminal law is substantive. Substantive criminal law focuses on crime and punishment. Criminal Defense Attorneys involved in the substantive area of criminal law will be working with individuals accused of a crime. They will begin work when sought out by a client accused of a crime or appointed by the court, as in cases of financial need. Criminal defense attorneys will meet with clients and hear the details of events from their point of view. Everything shared between a client and his or her criminal defense attorney is confidential. A criminal defense attorney will not turn a client in if the client admits guilt, but will continue to help the client achieve success in the courtroom.

A good criminal defense attorney understands that everything is relative. The law is not black and white, but leaves a lot of gray room for interpretation. A criminal defense attorney will gather all of the facts of the case, both from the client and from the state or federal investigators. Armed with the facts, a criminal defense attorney will begin to build a case that presents the client in the best possible light. IF the client is guilty, the criminal defense attorney will try to present the facts of the case in such a way as to maintain a doubt of guilt. The jury, as the criminal defense attorney knows, is instructed that a person on trial must be proven guilty and does not need to be proven innocent. They will begin to comb through possible witnesses and will divide witnesses into character witnesses and witnesses to the actual events in question. A criminal defense attorney knows that character witnesses to present the person standing in trial in a good light will go a long way in the minds of jury members.

When a criminal defense attorney is defending a client, they will also seek to ensure the punishment fits the crime if their client is found guilty. A criminal defense attorney will utilize relativity to demand proportionality of punishment to crime in their client’s best interest. A criminal defense attorney stands by their client until the trial’s end, ensuring the outcome is as favorable as possible for their client.

Article source : http://www.isnare.com/?aid=14942&ca=Legal

Are You Thinking Of Hiring A Criminal Defense Attorney

If you have been arrested or accused of a crime that has the potential of jail or prison time, you may want to seriously consider hiring an attorney to represent you. Unless you don’t mind the possibility of spending time in jail, you’ll probably want the services of an attorney.

Almost any expert will strongly advise a person against representing him or herself in court unless they are very knowledgeable about the field of law; and even then he or she will still be discouraged from representing him or herself for a criminal case. Less than one percent of people represent themselves in a criminal case. The vast majority of people engage the services of an attorney. That is because it is very difficult for someone to represent him or herself in court.

You wouldn’t want someone without any knowledge of how to do heart surgery doing a heart transplant on you would you? Likewise, would you want to represent yourself in court and face possible prison time without having the best possible legal advice available to you?

If a person cannot afford to hire an attorney the court will appoint an attorney, typically called a public defender. The constitution of the United States requires a person be provided with legal representation if they cannot afford it. But it is only required if a person is facing possible jail or prison time. If a person is only facing the possibility of a fine, the court is not required to provide the defendant with an attorney.

A court appointed attorney may not cost the defendant any money or the defendant may receive the court appointed attorney at reduced fees. It depends on the income of the defendant. If a person wants a public defender they will be required to fill out financial documents for the court to determine whether or not they qualify for a public defender and also whether or not that they receive the services of the public defender for free or at a reduced cost.

If a person qualifies for a reduced cost court appointed attorney, it is generally called a partial indigency. At the conclusion of their case, the judge will require the defendant to reimburse the county or state for a specific portion of their legal fees. The rates are usually much lower than those charged by private defense attorneys.

If you do not qualify for a court appointed attorney and are hiring one on your own, how do you find one? Personal recommendations from people you know are almost always the best way to find an attorney. Other sources of information to help find a criminal attorney are: Internet, Yellow Pages, your civil practice attorney, your local bar association lawyer referral panel (if they have one) and the Martindale-Hubbell publications.

The Martindale-Hubbell publications are available at most libraries and on the Internet. The publications do their best to list every attorney in the US by geographical area and lists the area or areas of law that attorney specializes in.

When hiring a criminal attorney on your own, try to interview several attorneys before hiring one or ask your family and friends help you. It is important to find an attorney you feel comfortable discussing all aspects of your case with. Some defense attorneys offer a no cost personal interview consultation. One thing to remember when hiring an attorney: make sure you hire an attorney who specializes in your area of criminal law.

Most attorneys will require an up-front retainer fee which can be a significant amount depending on the type of criminal case you have.

Some attorneys charge a set fee for handling a specific type of case. But it is more common for an attorney to charge by the hour. Some attorneys who charge by the hour will set a cap fee for the case. That means a sum will be agreed on that is the highest amount the defendant has to pay. If the hourly costs reach this set amount, the lawyer will finish representing the defendant through to the completion of the case without charging any more money.

Although contingency fees, which are where an attorney only gets paid if he or she wins the case, are common with certain types of civil cases, they are not used with criminal cases. Contingency fees are considered unethical and are not permitted in criminal cases.

In addition to knowing what fees an attorney will be charging, a defendant also needs to know what services those fees cover and do not cover. Fees such as the cost of expert witnesses are normally not included in the normal fees of an attorney.

Article Source: http://www.BharatBhasha.com

What Is A Criminal Defense Attorney Doing?

Criminal defense attorneys must install unrecognizably into the minds of the jury any amount of reasonable doubt his client is guilty. Any small possibility the defendant is innocent of the crime is sufficient to swing a not guilty. This type of defense requires a specific and structured method of strategy. First the defense must make the prosecuting team turn over every piece of evidence, report and testimony in use on the case.

The evidence supplied by the police and the prosecution are aimed at conviction, therefore will eliminate all aspects useful to the client. The defense attorney must go back and look for possibilities that would have been likely to have been eliminated. Then the defense attorney will pour over it, looking for clues. It is important that the defense then conduct an investigation in order to disprove the evidence being used by the prosecution.

It is also important to research the law and look for any interpretation that will help the accused. Laws do sometimes change and the attorney must also be aware of them. Additionally, perhaps even more importantly, a good defense attorney will go over similar trial cases looking for precedents that will help his client. A defense attorney then has a stack of tools to use to defend his client; he will then assemble them into a story line, a motif, which will suit his client.

For example, a client arrested for possession, the defense motif may be that the drugs were not his. This is a simple motif and not usually the best angle, simply used here for example purposes. A good motif will be one that is engaging, interesting, believable and very uncommon while appearing to be irrefutable at the same time.

An attorney's client who was arrested for possession cannot possibly be guilty with evidence and testimony given that his client had that very day, that very hour, been through a high security checkpoint where drug sniffing canines were in use, and none were found on his client. A defense attorney will also file a series of motions whose purpose will be to expose every little thing the prosecution has and is planning on using. Once that is done, more motions will be filed in order try to dismiss as much of the prosecutions evidence as possible.

Preparing for trial means preparing for the worst case scenario as well as preparing clients and other witnesses. A defense attorney will give a second hard interview to his client in order to reveal any untold items the defendant may not have revealed. Throughout the trial, flexibility and fast thinking are paramount to a good criminal defense.

Article source : http://contentdig.com/legal/what-is-a-criminal-defense-attorney-doing.html

Federal Criminal Defense

Experienced Federal Criminal Defense Lawyers

Federal charges and federal criminal proceedings are different than state criminal prosecutions. The rules of evidence, case law, and court procedures are different in federal and state courts. At The Henry Law Firm, our federal defense attorneys have the experience to provide aggressive defense for clients accused of a crime or facing arrest or criminal charges in federal court. We can help you manage the federal charges and legal issues.

Federal criminal laws cover a broad range of issues. We assist clients with defense for accusations of federal crimes, such as:
White collar crimes
Fraud
Medicaid and securities fraud
Drug crimes
Drug trafficking
Racketeering
Gun charges
Internet child pornography
Violent crimes such as aggravated assault and rape
Murder and homicide
Extortion

Whether you are facing federal charges of copyright infringement, RICO violations, or possession of a firearm after a felony conviction, we can help you take on federal prosecutors.

We use our federal defense experience and tireless work ethic to provide our clients with the high-quality protection and representation they need. We fight for our clients' rights in the midst of federal charges. We have an investigator on staff to help uncover evidence and prepare your defense. We make sure you will receive fair trial if the time comes. Federal criminal charges are a serious matter. Prosecutors dedicate significant time and resources to getting a conviction. You need serious federal criminal defense lawyers to guard your rights.

Sentences for federal drug crimes like possession and trafficking can be severe. It is vital to have an experienced federal defense attorney on your side to give you honest advice and a strong defense to get through this difficult time. Contact us today to schedule your free initial consultation with a federal criminal defense lawyer dedicated to protecting your rights.

By safeguarding your civil rights, we can help protect every citizen from improper government intrusion.

From our offices in Philadelphia and Media, our federal charges attorneys provide state and federal criminal defense, federal charges, federal arrest, gun charges, and drug crimes defense legal services to clients in Pennsylvania, New Jersey, and across the United States. Our Philadelphia federal defense lawyers help clients in Harrisburg, Lancaster, Allentown, Scranton, Drexel Hill, Camden, Trenton, Vineland, Millville, Atlantic City, Cherry Hill, as well as Delaware County, Montgomery County, Chester County, Bucks County, Monroe County, Lehigh County, Berks County, and Dauphin County.

Article source : http://www.henryfirm.com/PracticeAreas/Federal-Criminal-Defense.asp

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

White Collar Criminal Defense

White Collar Criminal Defense referred to crimes that were being committed by otherwise highly respected and upstanding citizens. Today the description simply implies that the crime was not one of violence. There are literally hundreds of crimes that are considered white collar and the criminals are usually sophisticated, smart and well educated. According to recent F.B.I. reports, the losses to the US exceed 300 billion dollars a year.

Below are some of the many crimes which are considered to be white collar:

* anti-dumping
* antitrust, including price-fixing and bid-rigging
* bank fraud
* bankruptcy crimes
* bribery, gratuities and public corruption
* clemency and pardon applications
* commodities futures trading fraud
* compliance programs
* computer fraud
* congressional investigations and hearings
* currency violations
* customs import and export violations
* debarment from government contracting
* Economic Espionage Act
* environmental crimes
* ERISA violations
* extortion
* extradition
* False Claims Act
* false statements and perjury
* Federal Election Campaign Act
* Foreign Corrupt Practices Act
* health care fraud
* housing fraud
* identity theft
* immigration-related crimes
* impeachment
* insurance-related crimes
* Interstate Travel in Aid of Racketeering Act
* mail fraud
* Medicare fraud
* military courts martial
* money laundering
* obstruction of justice
* OSHA and labor code violations
* passport and visa fraud
* Patriot Act
* procurement fraud
* Racketeer Influenced and Corrupt Organization Act
* securities fraud
* tax fraud
* trade secrets theft
* wire fraud.

Article Source: http://www.articlesbase.com/criminal-articles/white-collar-criminal-defense-681123.html

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.

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.articlesbase.com/cyber-law-articles/criminal-defense-attorney-562231.html

How to Select a Criminal Defense Attorney

When charged with a crime, whether it be drunk driving, driving under the influence, drugs, fraud, assault, domestic violence, or any other charge, choosing the right lawyer for the case can be one of the hardest decisions of the experience. With all the emotions, stress and complications of being charged with a crime, however, it can also be one of the more important decisions. When selecting a lawyer to represent you, issues of ability, price, and experience are all important qualities to consider. Equally important, however, is the attitude that the lawyer and his or her staff have for you and your case.

Criminal defense attorneys come with a variety of areas of expertise. Many attorneys not only handle the routine criminal defense cases, but many also concentrate on one specific area within criminal defense. For example, some may focus on violent crime defense, some may focus on rape defense, and others may have special knowledge of tax law or SEC investigations. Although no area requires that the lawyer be one who concentrates in that area, it can be very beneficial to find one that does have expertise relating to your case. With some cases, however, it can be difficult to find a lawyer that concentrates in that area due to a shortage of lawyers that choose to concentrate in some areas. Finding a lawyer who is willing to put in time to learn about your case and who is genuinely interested in your defense is an acceptable substitute in this situation.

In areas where there are plenty of lawyers to choose from, the choice is not as clear. One must decide if they want someone who has well-established credentials and experience, or someone who is young and will make up for lack of experience with hard and dedicated work. Determine what types of qualities are important to you, and start from there.

No matter which lawyer you choose, it is important to follow a few guidelines before you finalize your selection. Look at what legal organizations the lawyer belongs to. Belonging to the County and State Bar Associations should be a definite requirement. Membership to the National Association of Criminal Defense Lawyers, the State Association of Criminal Defense Lawyers, or to the ABA's Criminal Justice Section is a good sign that criminal defense cases are important to the lawyer in question. If he or she has held office in any of the organizations that he or she belongs to, that is an even better qualification.

Once you have a few candidates, make arrangements to meet the lawyer to decide if he or she has the skills to handle your case. Having a good relationship with your lawyer is important, so if you do not get along well, chances are the experience will not be a good one. Ask if the lawyer has had teaching experience. This shows that he or she is capable of research, fieldwork, and dedication, all of which are needed for teaching.

In the end, the goal is to find a lawyer that will be handle the case in question. Young attorneys are able to handle misdemeanor and traffic cases, but those with much more experience, at least five years of criminal practice, should handle felony and federal cases.

Being charged with a crime can be a stressful and difficult time, no matter what the situation is. Having a criminal defense lawyer on hand to answer questions and to guide you through the experience can be extremely valuable. Select a lawyer that will be able to focus on your case and give it all the attention that it deserves.

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/how-to-select-a-criminal-defense-attorney-706027.html

Criminal Defense Attorney

Nobody wants to be a criminal. Everyone knows it better that being a criminal will disturb one’s personal life. A person is terminated from the job. The society will start looking at him with questionable eyes. US laws against crime are very strict. The punishment of any type of crime is very severe. The fines of all the crimes are unaffordable.

A person indulges in any anti law activity just because of the prevailing circumstances. Either he deliberately does the crime or does the crime due to mistake.
A person kills anybody in an anger or dispute.
Once a person was going somewhere with his friend in a train. On the way a dispute among them occurs. In anger one of them kills the other person. He didn’t do the crime deliberately. In the similar way there was a person who was very poor, don’t have money for the treatment of his mother and also to fulfill the basic needs of the family. In order to meet all these requirements he shakes hand with the criminal.

Crimes in US are categories as under:
1. Federal Crimes
2. State Crimes

Federal crimes:

1. The drugs related crimes like-growing of marijuana and selling of drugs
2. Medical related crimes
3. Fraud in credit card, insurance, bankruptcy e.t.c.
4. Immigration and
5. Smuggling e.t.c.

State crimes:

1. Drug crimes- sale and possession.
2. Theft crime.
3. Alcohol and license crime-Driving or boating under the influence of alcohol or driving without the license.
4. Sex crimes– prostitution, child abuse e.t.c.
5. Violent crimes –kidnapping, robbery, assault, bribery, corruption e.t.c.

Crimes are held due to mental tension, depressions or under stress. If you are in the shackles of any of the crimes the first step you must do is to hire a defense attorney so that you may come out of the situation. There are so many criminal defense attorneys in United States from whom you can take help. But the condition is that you should have perfect and clear knowledge about an attorney who is going to assist you in the case. Your attorney must investigate about your case personally. Attorney must be fully aware of your case. Things will go positive if he always keeps in touch with you and informs you about the weak and strong points of your case. You also work according to the guidelines given by the attorney. Only then the best outcome can be achieved. The cases of the criminals are represented in state court and in federal courts. The cases in both the courts are serious matter. The winning of your case depends 100% on the attorney you hired.

During investigation by the state or the federal government you must refer to your attorney before giving any statement and do accordingly. DEA, FBI, IRS are some of the investigating authorities. Attorney who is looking after your case must be experienced in handling case in both prosecutions. While choosing an attorney one must keep in mind the following points:
1. Well qualified in laws.
2. Bold and confident while in court.
3. He should be a great actor in order to gain the favor of the jury and to convince him about his client’s innocence.
4. Has handled and won such type of cases.
5. Capable to find clues and facts.
6. Attorney must be honest with the clients.
7. Friendly with detectives, police, and other lawyers.
8. Lawyer should be bold and never be afraid of threats.

Article Source: http://www.articlesbase.com/national,-state,-local-articles/criminal-defense-attorney-458283.html

Thursday, February 19, 2009

Why Do I Need a Criminal Defense Attorney?

You're scared to death. You've just been accused and have criminal charges against you. Facing the possibility of a prison term you need to consult an attorney specializing in criminal defense. A criminal defense attorney is a person who represents someone accused of a crime using their knowledge of the law.

The criminal defense attorney will have many duties. One of the most important will be to negotiate and possibly obtain a lesser sentence for you. They will also be non partial and let you know what will likely happen through the criminal process. If you are innocent they will be relentless in gathering information to support your claim.

If your case needs to go to trial, a good criminal defense attorney will be able to question witnesses and mount a defense in your favor. Information will be gathered to bolster your defense and previous court cases will be reviewed for legal precedence.

The expense of a good attorney can be prohibitive but it can be money well spent as proven in several high profile cases. Of course as mandated by law if you are unable to afford a lawyer one will be appointed to you. This person will usually come from what is called the public defenders office. While maybe not as skilled as a private attorney they will still give you the representation you deserve. Going through the legal system is not a journey to be taken lightly. Use the professionals to your benefit. After all your future depends on it.

The courtroom is no place to be alone. Consult a Criminal Attorney. Knowledge is power and you should know your legal rights. That is why we built this site here.

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

Finding the Best Criminal Defense Attorney

The laws and legal systems throughout the world are a highly complex and diverse assortment of rules, regulations, and guidelines. For most countries, there are cultural as well as formal foundations to many laws, and understanding all these various aspects of the law is what the best criminal defense attorney strives to do.

Though treaties and open communications exist with many countries, there are still complex issues involving court hearings, documentation, waiting periods and a tremendous amount of follow up. The complexities of international and domestic laws can overwhelm even the most dedicated and organized individuals. For example, there are issues such as immigration, international business, family, corporate and civil rights, and criminal defense issues that can overlap across established boundaries and legal systems.

A person in need of the best criminal defense attorney, especially if he or she is foreign to the country, may not know where to turn for aggressive, knowledgeable, and reliable legal defense. A good place for such an individual to look would be within a firm that has worked both in immigration and criminal law on an international level as well as a domestic one.

Finding a group that knows and understands such a wide range of laws can feel virtually impossible. Where can you find a law firm that can offer that sort of experience and knowledge?

At Manchanda-Law.com, individuals in need of the best criminal defense attorney, immigration assistance, and international law attorney can find the legal help they need. The firm has a long standing reputation as one the most reliable and communicative practices that specialize in both domestic and international cases. Its long list of global clients only adds to the firm's abilities to handle every kind of legal issue.

For more information on how to find the best criminal defense attorney, visit Manchanda-Law.com.

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

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

Top Criminal Defense Attorneys

Criminal defense attorneys are specialists in managing criminal cases of various scopes. These are lawyers whose vocation is established on supplying vital services to the individuals who are accused as criminal by the court of law. The fundamental intention of acquiring the service of a criminal defense attorney is that, this lawyer will dispute the positions with respect to numerous laws and sections produced to serve the people in opposition to the criminal cases. Criminal lawyers are classified under diverse classifications and sections.

Individuals, when they are arrested for some criminal act such as rape, murder, sex crimes, theft, kidnapping, domestic violence, hit and run and numerous other criminal cases, they will be progressed under the court of law. With such case, the criminal defense attorney will argue for the criminal and supply them assistance. Criminal attorneys supply more vital services to the citizens around the globe. These lawyers are thought to be more essential and important and also draw more demand among the populace.

These days, top criminal defense attorneys are necessary in extra numbers, since crimes have increased in great amount. The cost concern paid for every attorney will differ as per the fame, popularity and successfulness created for the individual. These lawyers offer their help to the public for a affordable price to allow them to not be affronted by the court exclusive of any illegal behavior. There are cases were individuals might be arrested for non-performing of illegal act.

In these cases, the criminal defense attorney will supply assistance to the people by attending the case for them in court and make the case and facilitate the people to emerge from the case. These days, defense attorneys are necessary for each and every crime done by people. A criminal lawyer is different than other professionals. These lawyers specialize in inspecting , analyzing, and examining the criminal cases they undertake. These lawyers can argue for either the defendant or for the plaintiff.

As indicated by the lawyer notice and demand of the people, a criminal lawyer goes before his functionality in the court. The attributes of each criminal lawyer vary from person to person according to their state and county. Criminal lawyers have a big responsibility. The participation of criminal defense lawyer might offer negative or positive result for the case. These lawyers afford their assistance as individuals, or in a team or group. The argument of each criminal lawyer could vary according to their laws and statutes of the state court.

For more information about top criminal defense attorneys, try visiting http://criminaldefenselawyersite.com - a criminal defense website where you can also find information about criminal defense dui, the best criminal defense attorneys, criminal law, and more.

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

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