Saturday, April 17, 2010

3 Common Issues with Drug Crimes

Drug crimes are common problems in the white collar community . Some criminal attorneys would argue that drugs are a widespread enough issue among respected people that the lawmakers need to re-think what is actually illegal, and for what reasons … but that is a separate issue! Drug crimes seem simple, but can actually be fairly complex. Today we look at 3 more of the issues that Fort Lauderdale criminal lawyers commonly encounter in their white collar drug crime cases.
Simple possession - does the punishment fit the crime?
Some states have done quite a lot of work on trying to keep first-time offenders (and sometimes even second-time offenders) out of jail - it is well understood that time in prison only creates more skillful, well-rounded criminals with fewer opportunities in the ordinary world.
So, if this drug charge is your first, you definitely need to talk to a criminal lawyer - even if you have what seems like an excellent plea deal available to you. You may need to file a separate motion to be able to take advantage of the programs and avenues available to you, that won't result in a conviction.
Long waits on felony drug charges
Felony drug charges,, however, are treated far differently to possession. You could be made to wait, twiddling your thumbs, for what seems like a lifetime while the prosecution builds a case around you. Of course, this does give your own criminal attorney time to build your case as well. Your lawyer will be able to tell you what the statute of limitations is for your particular charge - you can only know that your case will be brought somewhere within that time frame.
But my charges were dismissed!
Sometimes as part of a plea bargain or a good behavior bargain, the prosecutor will offer to drop your charges after a certain amount of time. However, you do need to be aware that you'll need to file to have those charges dismissed after the time period has ended - if you don't do so, they could be on your record as a pending court case and affect your travel and immigration status, and be discovered when you go fro a job. Ask your Miami criminal lawyer about filing the paperwork to dismiss - it should be fairly simple.


Thursday, April 15, 2010

Five Best Practices for Hiring a Criminal Lawyer

Generally speaking, there are plenty of choices available to U.S. citizens in their legal counsel. Most of us have access to a wide range of criminal attorneys … but there may be only one in your local area that is suitable to take your case. Today we look at five of the best practices in hiring a criminal lawyer that will help you get the least expensive, most favorable outcome for your case.
  1. Don't hire based on TV ads!
    Most of the best lawyers do not need to advertise. They create enough happy, non-imprisoned citizens that they often get all the business they need from word of mouth and referrals. TV advertisements can make lawyers look pretty impressive … but do consider their tactics in light of how a judge would view them!
  2. Remember that a lower hourly rate can sometimes be a false economy
    We talked last time of the importance of getting an upfront estimate, and also of the importance of making sure the structure of the fees (retainer versus post-payment) suited you. One thing that does need to pervade your thinking about criminal lawyer rates is that more experienced lawyers will often charge more, but take less time. The different equation almost always works out in your favour.
  3. Ask your potential lawyer to describe the progress of the case
    This will not only give you an idea of what you are in for over the next few months (or even years), but will also help you assess whether your lawyer is a clear and effective communicator … one of the hallmarks of the best.
  4. Is your charge list itemized?
    You'll be much better able to evaluate the value of a service when you get an itemized charge list, compared to a simple overall estimate of fees.
  5. Look for some uncertainty in pricing towards the later stages of the case
    Criminal matters are never set in stone. An honest criminal attorney will tell you that pricing as the case progresses is uncertain, but will usually offer to update your estimate later on.


Friday, April 9, 2010

Tips for your First Interview with a Criminal Lawyer

Fortunately for most of us, having to go visit a criminal attorney to find out how you might need to defend yourself in court is something that we don't have to do often. However, this very infrequency often leads to people being ill-prepared for their interviews with their attorney … and this can drag out proceedings and often cost more money than is necessary. Today we look at the top tips for having an interview with a criminal attorney, helping you to get the best outcome possible.
  1. Be prepared
    You will probably remember many facts relating to your case, but in a court of law, judges and juried are interested in hard evidence … so your attorney needs this as well. Bring with you anything that is written -- documentation, forms or notices, or correspondence that relate to your case.
  2. Write down the questions you have for the lawyer about your case
    You'll obviously be uncertain of how your case will proceed -- remember to write down your questions for the attorney to help inform yourself.
  3. Write down your questions about the attorney's qualifications
    You will also want to ask some questions about why this particular criminal lawyer is the bets one to handle your case -- the law is extremely complex and not all attorneys specialise in all areas. Ask about their education, their experience, and their pricing.
  4. Ask if there is any way you can help
    You may be able to source additional paperwork or documentation, or perform other additional tasks that will cut down on the time it takes the lawyer to prepare your case (and therefore your fees). Ask in your interview if this is possible.
  5. Get a written estimate of pricing
    Ask your Miami criminal attorney if they can provide a written estimate of the likely fees and time involved for your case.
  6. Get a spoken estimate of your chance of success
    Your attorney won’t be able to give you any hard and fast guarantees, but they will certainly be able to estimate your likely chances of success, based on the information you have given. Feel free to ask, to help you feel more settled in your own mind.
  7. Note your feelings during the interview
    Most people are nervous and uncertain, understandably. However, does speaking to the criminal lawyer put you at ease, or make you feel judged? You don't have to retain a lawyer simply because you've had an interview … if you feel uncomfortable, consider asking another lawyer about your case.