Federal Prison Consultant Predicts Many Indictments From Financial Crisis

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A Federal Prison Consultant who advises white collar defendants on how to prepare for their prison terms predicts that many people in the financial sector will be indicted.

Geoff Mousseau, owner of White Collar Sentencing Consultants, Inc. in Los Angeles, stated his opinion at a meeting last evening.

Given the magnitude of this crisis and the need for government intervention to stabilize the financial markets, it is no surprise that criminal investigations have commenced. It is also fair to assume, for these same reasons, that charges will be filed against many, many individuals from this industry.

Unlike the fallout from the stock option back-dating scandal two years ago, where experts incorrectly predicted a wave of criminal prosecutions, the targets of the current investigations are of a lower profile and have much less political clout.

The targets of the new investigations should be concerned about the threat of substantial prison sentences. Current federal sentencing law has evolved modestly during recent years as a result of Supreme Court cases. These Supreme Court cases permit federal trial judges to have more latitude when issuing criminal sentences. In practice, however, most judges issue sentences that are very close to the terms prescribed by the Federal Sentencing Guidelines.

The sentences prescribed by the Federal Sentencing Guidelines for white collar offenders depend heavily on the amount of money involved in the case. For example, if two defendants are both convicted of fraud, the person who obtained more money from his fraud will receive a longer sentence.

And the amount of money involved does not need to be proven beyond a reasonable doubt for purposes of sentencing. The evidentiary standard is lower than what is normally required for proof in a criminal case.

The current financial crisis involves amounts of money that are unimaginably large. For this reason alone, the people charged with crimes arising out of this crisis will face the threat of prison terms measured in decades, rather than in years.

This threat has other ramifications as well. One of the factors used by the Bureau of Prisons when it assigns inmates to prison is the length of the sentence. Under the BOP rules, anyone who receives a sentence longer than 10 years will not qualify to go to a prison camp. They will be assigned to a prison will cell-blocks, bars, and razor wire fences.

What do you do then if you are a subject of investigation as a result of the financial crisis? Cooperate. Assemble a competent legal defense team consisting of attorneys, economists and sentencing consultants. Prepare for your negotiations with prosecutors like you were negotiating for your life, because you will be.

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Federal Prison Consultant Predicts Many Indictments From Financial Crisis

Image : http://www.flickr.com

A Federal Prison Consultant who advises white collar defendants on how to prepare for their prison terms predicts that many people in the financial sector will be indicted.

Geoff Mousseau, owner of White Collar Sentencing Consultants, Inc. in Los Angeles, stated his opinion at a meeting last evening.

Given the magnitude of this crisis and the need for government intervention to stabilize the financial markets, it is no surprise that criminal investigations have commenced. It is also fair to assume, for these same reasons, that charges will be filed against many, many individuals from this industry.

Unlike the fallout from the stock option back-dating scandal two years ago, where experts incorrectly predicted a wave of criminal prosecutions, the targets of the current investigations are of a lower profile and have much less political clout.

The targets of the new investigations should be concerned about the threat of substantial prison sentences. Current federal sentencing law has evolved modestly during recent years as a result of Supreme Court cases. These Supreme Court cases permit federal trial judges to have more latitude when issuing criminal sentences. In practice, however, most judges issue sentences that are very close to the terms prescribed by the Federal Sentencing Guidelines.

The sentences prescribed by the Federal Sentencing Guidelines for white collar offenders depend heavily on the amount of money involved in the case. For example, if two defendants are both convicted of fraud, the person who obtained more money from his fraud will receive a longer sentence.

And the amount of money involved does not need to be proven beyond a reasonable doubt for purposes of sentencing. The evidentiary standard is lower than what is normally required for proof in a criminal case.

The current financial crisis involves amounts of money that are unimaginably large. For this reason alone, the people charged with crimes arising out of this crisis will face the threat of prison terms measured in decades, rather than in years.

This threat has other ramifications as well. One of the factors used by the Bureau of Prisons when it assigns inmates to prison is the length of the sentence. Under the BOP rules, anyone who receives a sentence longer than 10 years will not qualify to go to a prison camp. They will be assigned to a prison will cell-blocks, bars, and razor wire fences.

What do you do then if you are a subject of investigation as a result of the financial crisis? Cooperate. Assemble a competent legal defense team consisting of attorneys, economists and sentencing consultants. Prepare for your negotiations with prosecutors like you were negotiating for your life, because you will be.

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New York City Arraignments

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While some criminal defendants see the clouds gathering over their heads long before the arrest, most people caught in the criminal justice system had no idea that they would become defendants in a criminal case. In New York, the first criminal procedure arrested individuals encounter after booking is an arraignment. In this article I will touch on what New York City arraignment is and what to expect before, during, and after it.

WHAT IS AN ARRAIGNMENT?

An arraignment is the first appearance of the defendant in court where he is informed of charges filed against him, advised of the right to counsel, and provided with a copy of the accusatory document. The law requires that arraignments must be conducted without unreasonable delay following the defendant's arrest, which means within 24 hours. In New York City, it is not unusual for the defendant to spend more than 24 hours in jail prior to getting to see the judge. During this time it is often impossible to get in touch with the arrested person and relatives will not see him or her until court.

Most cases never reach trial and arraignment may be the most important part of the criminal proceeding against him, although it only will last several minutes. The outcome of an arraignment will be releasing the defendant, setting bail, or keeping the defendant in jail until further appearances. The arraignment judge has the sole authority to decide the matter of bail.

NEW YORK ARRAIGNMENT IN SUPERIOR COURT

Most NYC arrests are processed in local (as opposed to Superior) criminal courts. There are only two ways to prosecute an offense in a superior court: by an indictment filed with the court by a grand jury and a superior court information filed with the court by a district attorney. The defendant must be arraigned right after the district attorney files an indictment with a superior court.

At an arraignment, the court will inform the defendant of the charges against him. The defendant has the right to be represented by counsel at the arraignment and at every subsequent stage of the action. If the defendant does not have an attorney at arraignment he has the right to adjourn the hearing to obtaining counsel, the right to communicate by telephone to obtain counsel and informing a relative or friend that he has been charged with a crime, and the right to have an attorney assigned by the court if the defendant is financially unable to hire an attorney.

If the defendant wants to proceed without a lawyer, the court will allow the defendant to do so, provided it is convinced that the defendant understands the significance of this decision. If the court is not convinced, it may not proceed until the accused is furnished with an attorney, either of the accused's own choosing or by assignment. A defendant who proceeds pro se at arraignment does not waive his or her right to counsel, and the court must advise the defendant that he or she may exercise that right at any stage of the action.

WHY IT IS IMPORTANT TO HIRE A PRIVATE ATTORNEY FOR AN ARRAIGNMENT

Appearing with your own attorney at an arraignment will achieve several benefits.

First, it is not unlikely in New York City that police officers misinform defendants as to precise nature of charges against them. These defendants are then surprised at the arraignment to find out that they are accused of much more serious crimes. Depending on particular charges, defendants may make certain procedural decisions, which would affect the entire case and if made incorrectly, may prove disastrous in future. For example, in some cases a refusal to sign certain waivers will automatically deny the defendant the ability to plea bargain and could result in a much harsher sentence. An experienced criminal defense attorney has better chances to find out about the charges and advise defendant as to the best course of action.

Second, many defendants are questioned by police while in custody and feel "obligated" to answer questions with extremely damaging results. The fewer questions are answered without the presence of an attorney, the better it is for the defendant. The key is to retain an attorney early enough to stop the police from questioning the defendant if possible. This could provide the best protection to a client because officers may obtain potentially harmful information and evidence from the arrested individuals before the arraignment.

Third, presence of a privately retained counsel raises the "status" of the defendant before the court. This may indicate that the defendant is a responsible individual who cares about his case and himself enough to obtain a lawyer. It also shows that the defendant may have family or community roots (if the attorney is retained by the family or friends who are also present in the courtroom). In general, retaining a counsel will provide a sense of security to worried relatives who are absolutely lost in the criminal process jungle and often cannot obtain even basic information about their loved one's case. A lawyer will personally screen the case and explain the process to the relatives as information is coming in.

Defendants who are not represented by private attorneys are provided with an appointed lawyer, usually working for one of the legal aid groups. These attorneys are knowledgeable and capable but they are usually extremely busy as each is handling dozens of cases daily, sometimes in different courtrooms. Because of their busy schedules, they are not able to give a particular case as much attention as a private attorney would. In practically all cases, court-staffing attorneys receive defendant's files literally immediately before the arraignment itself. However, if the defendant has not yet been processed by the court system, the case is not assigned to an attorney and relatives will not receive any information about their loved one until the case makes its way through the system, which takes long grueling hours.

SETTING BAIL IN NEW YORK ARRAIGNMENT

When judges decide whether to set bail in a particular case, they consider many different factors, including seriousness of the charge, prior criminal history, prior warrants, ties to the community, etc. "Ties to the community" is a broad term. Any connection or factor that may reduce the flight risk or would indicate that the defendant is not a public threat is helpful in either avoiding bail completely or having a reduced bail set. Among the factors to determine whether a person has sufficient ties to the community are the following considerations:
o Family in the community (having family and friends in the courtroom is a very good benefit)
o Citizenship
o Home ownership
o Employment history and status

It is impossible to predict with any certainty the amount of bail in a given case. There are, however, many factors, which should be considered and some very general estimates could be produced. While in many cases the defendant may be released on his own recognizance (ROR), in some cases bail will be set. The amount of bail depends on the seriousness of crime and the defendant's prior criminal history. Particular judges also have their own preferences in setting bail.

If you or your loved one is arrested in New York City, call our New York criminal defense attorneys for a free phone consultation.

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Inchoate Offenses Explained

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As a general rule for trials in the US, the prosecuting attorney must show that the accused is guilty in both mind and body. In Latin, this is known as "mens rea" and "actus rea." In other words, the accused cannot be convicted if they did not actually commit a crime, or if they did not mean to.

One interesting exception to the rule is the class of offense known as "inchoate crimes." To be convicted of an inchoate crime, you do not have to actually commit any legal acts. The prosecution only needs to convincingly demonstrate a specific kind of mens rea. This means you can be charged with planning or intending to commit a crime, even if reasons beyond your control stopped you from actually doing it.

Mens rea is divided into three different categories, in order of severity: criminal negligence, recklessness and intent. A person commits criminal negligence when he or she fails to prevent an accident or injury from happening even though the incident could reasonably be foreseen. (Of course, this only applies to people or property the accused is legally responsible for.) Recklessness is when a person chooses to commit a certain act even though they are fully aware of the potential consequences, leading to someone else's injury. Neither criminal negligence nor reckless is sufficient in an inchoate crime trial.

To win a conviction of an inchoate crime, the prosecution must prove intent, which means the accused was planning or desired to commit a criminal act. Not only does the prosecution not have to prove that the accused committed a crime; the prosecution is not allowed to do so. A person cannot be charged with an inchoate crime and a crime against people or property for the same offense. That is to say, you cannot be charged with committing a crime and with intending to commit one, except in the case of conspiracy. A person can be charged with both a certain crime and conspiring with others to commit it.

This kind of charge was designed so that people who fully intended to commit a crime, but were only stopped by other circumstances, can still be tried. It is not intended to be any sort of thought monitoring or control. For this reason, one defense against this kind of charge is abandonment. In this strategy, the defendant admits to considering or planning a certain plan, but insists that they changed their minds and had no intention of committing a crime at the time they were arrested.

For more information about inchoate crimes, contact Appleton criminal defense attorneys Kohler, Hart & Priebe.

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A Guide to Criminal Lawyers

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A criminal lawyer is someone who specializes in handling criminal cases with implications such as arson, DUI, murder, theft, etc. The primary role of a criminal lawyer is to review evidences and to map-out an effective defense strategy. Criminal lawyers either work as defense lawyers or prosecutors. A criminal defense lawyer will represent the accused, advice the client on legal matters, and assist in the framing of legal documents such as contracts, wills, etc. They can also act as public defenders in cases of indigence. A criminal defense lawyer with substantial expertise in the field will have the ability to interrogate the prosecution witnesses to prove the client?s innocence. In extreme situations, a professional lawyer may negotiate with the prosecution lawyer to mete out charges and punishments in an equitable manner. A prosecutor works on behalf of the government in criminal proceedings. Whether it is defense or prosecution, criminal lawyers can utilize government statistics and other official documents at any phase of the case. The laws governing criminal lawyers vary from state to state, but a basic code law is observed all over the United States. The criminal lawyer?s office will take up the responsibility of meeting the clients, arranging court dates, carrying out background researches of cases, etc.

In order to practice as a licensed attorney, one should pass the bar exam after completion of a three-year course in a law school. In addition to educational requirements, a criminal lawyer must possess certain qualities such as good communication and listening skills, organizing capabilities, public speaking skills, ability to handle complex criminal cases, and to deal with people from all backgrounds. Since criminal cases would involve a lot of paper work for trials and criminal proceedings and so criminal lawyers should also possess writing skills. Additionally, they ought to be excellent negotiators. The salary of a criminal lawyer will depend upon the jurisdiction and the nature of the case.

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Were You Charged With a Felony?

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White Collar Sentencing Consultants, Inc. specializes in important federal criminal cases. We complete your legal defense team.

White collar defendants and their families need answers. You want to know about prison, how to reduce the length of the prison term, and how to ease your transition to and from prison.

We know the answers.

We use our experience to give you credible, clear, and candid information when it is needed most.

No other company provides our services because no other company has our dedicated staff. The heart of our company is an experienced attorney who has tried over 100 jury trials. He also recently spent 15 months in Federal Prison where he worked as the Lompoc Camp "clerk" until early 2008. His duties there included resolving the complaints and problems of over 600 prisoners, with staff contact at all levels of administration. He can answer your questions and provide counsel through this process with compassion and commitment because he has been there. He has the unique and valuable perspective of a lawyer who was an inmate.

Our services include:

* Consulting with White Collar defendants, their family and defense counsel

* Analyzing issues relevant to mitigation of potential sentences

* Comparing your options such as placement and programs

* Describing strategic alternatives

Benefits include:

* Calmer and more informed clients

* Better utilization of attorney time

* Credible answers from a credible resource

White Collar Sentencing Consultants can provide benefits to our clients as soon as the legal defense team is assembled. One of the first crucial events that receive our attention is the preparation for the PSR/PSI report. Defense counsel know how important this document is to the sentencing recommendation. You may not know how many other ways this document is used that impact the client. For example, for one client, medical information was proposed to be set forth in a PSR/PSI.

This information was proposed to be used because it may have had a nominal impact at sentencing, if any. However, had the information been included in the final version of the report, the BOP would have applied their regulations and could have recommended placement of the client in a far-away medical facility. We were able to avoid this result early and the client received placement at the federal prison location closest to his young family.

In another recent case, a former lawyer who was represented by a prominent attorney appeared at a sentencing hearing to get a pre-negotiated prison term. He had not hired us. During the hearing his experienced attorney successfully argued for a three month reduction in the agreed length of the sentence. Although this sounds like a wonderful result, a result that would confirm the value of that defense attorney, it was not.

Neither the client, who had been a lawyer, nor his criminal defense attorney, realized the mistake. As a result of a three-month reduction in the sentence, the client was no longer eligible for a reduction of 15 months! Yes, due to the rules governing programs available to prisoners, the defendant was no longer eligible for a major reduction in his sentence.

Had we been hired at the right time, this tragic mistake would have been avoided. Still, we were able to arrange for an appropriate job assignment for the defendant. We were also able to arrange for his wife and family to visit him within days of his arrival at prison.

In still another case, even though we were consulted late in the process, we were able to obtain placement for a defendant into a program resulting in an 18-month reduction in the length of his incarceration. The 9th Circuit decided a case that had an effect on our client and we were able to take advantage of this development even though our client had been in prison for almost 2 years already. We keep informed of developments that provide benefits to our clients.

Our clients are armed with the information they need to obtain the best results. They can be placed in the appropriate location for the shortest period of time. They can take advantage of programs that are available, programs that may not be known to defense attorneys because they have not been in the system. And once incarcerated, our clients will know how to avoid mistakes. Significant attention is given to preparing our clients emotionally to deal with the adjustments required to assimilate into prison.

Mistakes in prison lead to harsh results. By avoiding mistakes, by knowing what to expect, our clients will not have to experience the draconian punishments used by staff, such as solitary confinement, and transfers to other prisons that are either more dangerous or farther from home.

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Were You Charged With a Felony?

Image : http://www.flickr.com

White Collar Sentencing Consultants, Inc. specializes in important federal criminal cases. We complete your legal defense team.

White collar defendants and their families need answers. You want to know about prison, how to reduce the length of the prison term, and how to ease your transition to and from prison.

We know the answers.

We use our experience to give you credible, clear, and candid information when it is needed most.

No other company provides our services because no other company has our dedicated staff. The heart of our company is an experienced attorney who has tried over 100 jury trials. He also recently spent 15 months in Federal Prison where he worked as the Lompoc Camp "clerk" until early 2008. His duties there included resolving the complaints and problems of over 600 prisoners, with staff contact at all levels of administration. He can answer your questions and provide counsel through this process with compassion and commitment because he has been there. He has the unique and valuable perspective of a lawyer who was an inmate.

Our services include:

* Consulting with White Collar defendants, their family and defense counsel

* Analyzing issues relevant to mitigation of potential sentences

* Comparing your options such as placement and programs

* Describing strategic alternatives

Benefits include:

* Calmer and more informed clients

* Better utilization of attorney time

* Credible answers from a credible resource

White Collar Sentencing Consultants can provide benefits to our clients as soon as the legal defense team is assembled. One of the first crucial events that receive our attention is the preparation for the PSR/PSI report. Defense counsel know how important this document is to the sentencing recommendation. You may not know how many other ways this document is used that impact the client. For example, for one client, medical information was proposed to be set forth in a PSR/PSI.

This information was proposed to be used because it may have had a nominal impact at sentencing, if any. However, had the information been included in the final version of the report, the BOP would have applied their regulations and could have recommended placement of the client in a far-away medical facility. We were able to avoid this result early and the client received placement at the federal prison location closest to his young family.

In another recent case, a former lawyer who was represented by a prominent attorney appeared at a sentencing hearing to get a pre-negotiated prison term. He had not hired us. During the hearing his experienced attorney successfully argued for a three month reduction in the agreed length of the sentence. Although this sounds like a wonderful result, a result that would confirm the value of that defense attorney, it was not.

Neither the client, who had been a lawyer, nor his criminal defense attorney, realized the mistake. As a result of a three-month reduction in the sentence, the client was no longer eligible for a reduction of 15 months! Yes, due to the rules governing programs available to prisoners, the defendant was no longer eligible for a major reduction in his sentence.

Had we been hired at the right time, this tragic mistake would have been avoided. Still, we were able to arrange for an appropriate job assignment for the defendant. We were also able to arrange for his wife and family to visit him within days of his arrival at prison.

In still another case, even though we were consulted late in the process, we were able to obtain placement for a defendant into a program resulting in an 18-month reduction in the length of his incarceration. The 9th Circuit decided a case that had an effect on our client and we were able to take advantage of this development even though our client had been in prison for almost 2 years already. We keep informed of developments that provide benefits to our clients.

Our clients are armed with the information they need to obtain the best results. They can be placed in the appropriate location for the shortest period of time. They can take advantage of programs that are available, programs that may not be known to defense attorneys because they have not been in the system. And once incarcerated, our clients will know how to avoid mistakes. Significant attention is given to preparing our clients emotionally to deal with the adjustments required to assimilate into prison.

Mistakes in prison lead to harsh results. By avoiding mistakes, by knowing what to expect, our clients will not have to experience the draconian punishments used by staff, such as solitary confinement, and transfers to other prisons that are either more dangerous or farther from home.

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The Need For Experienced Los Angeles DUI Attorneys Drops Lower Every Year?

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Isn't it true? Since so many people have completely stopped drinking alcohol and going out to have a good time in the clubs and having a fun night out on the town, the need for experienced Los Angeles DUI attorneys with the utmost in experience in criminal defense cases, drops lower every year (Doesn't it?)

Statistics have been showing a steady drop every single year for the past several years, in the number of automobile drivers that are trying their hand at drinking alcohol and driving. Because of this face, the expertise of an experienced DUI defense attorney who has knowledge in the prosecution weaknesses of these types of cases, and who is very familiar with the California justice system, is something very few people are in need of these days.

Of course with the low numbers that are being reported in DUI cases, there is also a direct effect on the number of automobile accidents and the personal injuries that are common in these types of accidents. The numbers of celebrities receiving DUI's has also improved and are considerably lower than ever before reported. It is well known that the need for experienced DUI attorneys drops lower every year.

There are very few citizens who will be needing to pick up that telephone and make that very important call to an experienced DUI lawyer who specializes in all types of DUI cases. There will no longer be the need of retaining only professional DUI attorneys with the expertise in handling all types of DUI charges, and the ability to do everything possible to see that your DUI charge is dropped. Individuals of Orange County, Los Angeles, Bakersfield, Pacific City, and all other California cities are certainly celebrating their accomplishments, but they are certainly not doing so by partying at the clubs or out drinking and driving.

It would certainly be nice if all of those statements were true, but as we all know, just the opposite is true. Those things are nothing more than appealing impossibilities.

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A Guide to Criminal Lawyers

Image : http://www.flickr.com

A criminal lawyer is someone who specializes in handling criminal cases with implications such as arson, DUI, murder, theft, etc. The primary role of a criminal lawyer is to review evidences and to map-out an effective defense strategy. Criminal lawyers either work as defense lawyers or prosecutors. A criminal defense lawyer will represent the accused, advice the client on legal matters, and assist in the framing of legal documents such as contracts, wills, etc. They can also act as public defenders in cases of indigence. A criminal defense lawyer with substantial expertise in the field will have the ability to interrogate the prosecution witnesses to prove the client?s innocence. In extreme situations, a professional lawyer may negotiate with the prosecution lawyer to mete out charges and punishments in an equitable manner. A prosecutor works on behalf of the government in criminal proceedings. Whether it is defense or prosecution, criminal lawyers can utilize government statistics and other official documents at any phase of the case. The laws governing criminal lawyers vary from state to state, but a basic code law is observed all over the United States. The criminal lawyer?s office will take up the responsibility of meeting the clients, arranging court dates, carrying out background researches of cases, etc.

In order to practice as a licensed attorney, one should pass the bar exam after completion of a three-year course in a law school. In addition to educational requirements, a criminal lawyer must possess certain qualities such as good communication and listening skills, organizing capabilities, public speaking skills, ability to handle complex criminal cases, and to deal with people from all backgrounds. Since criminal cases would involve a lot of paper work for trials and criminal proceedings and so criminal lawyers should also possess writing skills. Additionally, they ought to be excellent negotiators. The salary of a criminal lawyer will depend upon the jurisdiction and the nature of the case.

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New York City Arraignments

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While some criminal defendants see the clouds gathering over their heads long before the arrest, most people caught in the criminal justice system had no idea that they would become defendants in a criminal case. In New York, the first criminal procedure arrested individuals encounter after booking is an arraignment. In this article I will touch on what New York City arraignment is and what to expect before, during, and after it.

WHAT IS AN ARRAIGNMENT?

An arraignment is the first appearance of the defendant in court where he is informed of charges filed against him, advised of the right to counsel, and provided with a copy of the accusatory document. The law requires that arraignments must be conducted without unreasonable delay following the defendant's arrest, which means within 24 hours. In New York City, it is not unusual for the defendant to spend more than 24 hours in jail prior to getting to see the judge. During this time it is often impossible to get in touch with the arrested person and relatives will not see him or her until court.

Most cases never reach trial and arraignment may be the most important part of the criminal proceeding against him, although it only will last several minutes. The outcome of an arraignment will be releasing the defendant, setting bail, or keeping the defendant in jail until further appearances. The arraignment judge has the sole authority to decide the matter of bail.

NEW YORK ARRAIGNMENT IN SUPERIOR COURT

Most NYC arrests are processed in local (as opposed to Superior) criminal courts. There are only two ways to prosecute an offense in a superior court: by an indictment filed with the court by a grand jury and a superior court information filed with the court by a district attorney. The defendant must be arraigned right after the district attorney files an indictment with a superior court.

At an arraignment, the court will inform the defendant of the charges against him. The defendant has the right to be represented by counsel at the arraignment and at every subsequent stage of the action. If the defendant does not have an attorney at arraignment he has the right to adjourn the hearing to obtaining counsel, the right to communicate by telephone to obtain counsel and informing a relative or friend that he has been charged with a crime, and the right to have an attorney assigned by the court if the defendant is financially unable to hire an attorney.

If the defendant wants to proceed without a lawyer, the court will allow the defendant to do so, provided it is convinced that the defendant understands the significance of this decision. If the court is not convinced, it may not proceed until the accused is furnished with an attorney, either of the accused's own choosing or by assignment. A defendant who proceeds pro se at arraignment does not waive his or her right to counsel, and the court must advise the defendant that he or she may exercise that right at any stage of the action.

WHY IT IS IMPORTANT TO HIRE A PRIVATE ATTORNEY FOR AN ARRAIGNMENT

Appearing with your own attorney at an arraignment will achieve several benefits.

First, it is not unlikely in New York City that police officers misinform defendants as to precise nature of charges against them. These defendants are then surprised at the arraignment to find out that they are accused of much more serious crimes. Depending on particular charges, defendants may make certain procedural decisions, which would affect the entire case and if made incorrectly, may prove disastrous in future. For example, in some cases a refusal to sign certain waivers will automatically deny the defendant the ability to plea bargain and could result in a much harsher sentence. An experienced criminal defense attorney has better chances to find out about the charges and advise defendant as to the best course of action.

Second, many defendants are questioned by police while in custody and feel "obligated" to answer questions with extremely damaging results. The fewer questions are answered without the presence of an attorney, the better it is for the defendant. The key is to retain an attorney early enough to stop the police from questioning the defendant if possible. This could provide the best protection to a client because officers may obtain potentially harmful information and evidence from the arrested individuals before the arraignment.

Third, presence of a privately retained counsel raises the "status" of the defendant before the court. This may indicate that the defendant is a responsible individual who cares about his case and himself enough to obtain a lawyer. It also shows that the defendant may have family or community roots (if the attorney is retained by the family or friends who are also present in the courtroom). In general, retaining a counsel will provide a sense of security to worried relatives who are absolutely lost in the criminal process jungle and often cannot obtain even basic information about their loved one's case. A lawyer will personally screen the case and explain the process to the relatives as information is coming in.

Defendants who are not represented by private attorneys are provided with an appointed lawyer, usually working for one of the legal aid groups. These attorneys are knowledgeable and capable but they are usually extremely busy as each is handling dozens of cases daily, sometimes in different courtrooms. Because of their busy schedules, they are not able to give a particular case as much attention as a private attorney would. In practically all cases, court-staffing attorneys receive defendant's files literally immediately before the arraignment itself. However, if the defendant has not yet been processed by the court system, the case is not assigned to an attorney and relatives will not receive any information about their loved one until the case makes its way through the system, which takes long grueling hours.

SETTING BAIL IN NEW YORK ARRAIGNMENT

When judges decide whether to set bail in a particular case, they consider many different factors, including seriousness of the charge, prior criminal history, prior warrants, ties to the community, etc. "Ties to the community" is a broad term. Any connection or factor that may reduce the flight risk or would indicate that the defendant is not a public threat is helpful in either avoiding bail completely or having a reduced bail set. Among the factors to determine whether a person has sufficient ties to the community are the following considerations:
o Family in the community (having family and friends in the courtroom is a very good benefit)
o Citizenship
o Home ownership
o Employment history and status

It is impossible to predict with any certainty the amount of bail in a given case. There are, however, many factors, which should be considered and some very general estimates could be produced. While in many cases the defendant may be released on his own recognizance (ROR), in some cases bail will be set. The amount of bail depends on the seriousness of crime and the defendant's prior criminal history. Particular judges also have their own preferences in setting bail.

If you or your loved one is arrested in New York City, call our New York criminal defense attorneys for a free phone consultation.

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Los Angeles Cerebral Palsy Attorneys

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Cerebral Palsy is a broad term that describes a group of neurological disorders, causing a permanent state of uncoordinated movement and posturing. It is the result of an episode that causes a lack of oxygen to the brain. Birth injuries that may result in cerebral palsy are a failure of hospital staff to order, a C-Section birth in a timely manner. CP is also the result of excessive use, of a vacuum extractor, failure to treat seizures following birth, and improper delivery. Victims of cerebral palsy require specialized care and therapy and will need assistance throughout their lives, depending on the severity of the disorder.

Medical malpractice lawyers handle cerebral palsy lawsuits, caused by negligent doctor error and mistakes. Every mistake does not necessarily constitute a medical malpractice case. Doctors, hospitals, and other healthcare providers, are obliged to follow certain standards of medical care in treating their patients. When they fail to do so, and cause injury or even death, there may be a potential medical malpractice claim. An attorney, who specializes in this area of law, reviews the medical records to determine if, in fact, a case for medical malpractice exists. Attorneys ensure that the child will be taken care of in the long term, and the child's parents are compensated for their emotional suffering.

Each state has its own Statute of Limitations, which means there is a time limit on bringing a malpractice claim. Keeping in mind these variations, it is obvious that sentences will differ from state to state. It is important to first determine how and when the negligence was caused. This step involves detailed scrutiny of private health care providers or public institutions that have worked with the patient. Attorneys practice on a contingency fee. Law firms in Los Angeles can be contacted directly or through referrals on websites.

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The Need For Experienced Los Angeles DUI Attorneys Drops Lower Every Year?

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Isn't it true? Since so many people have completely stopped drinking alcohol and going out to have a good time in the clubs and having a fun night out on the town, the need for experienced Los Angeles DUI attorneys with the utmost in experience in criminal defense cases, drops lower every year (Doesn't it?)

Statistics have been showing a steady drop every single year for the past several years, in the number of automobile drivers that are trying their hand at drinking alcohol and driving. Because of this face, the expertise of an experienced DUI defense attorney who has knowledge in the prosecution weaknesses of these types of cases, and who is very familiar with the California justice system, is something very few people are in need of these days.

Of course with the low numbers that are being reported in DUI cases, there is also a direct effect on the number of automobile accidents and the personal injuries that are common in these types of accidents. The numbers of celebrities receiving DUI's has also improved and are considerably lower than ever before reported. It is well known that the need for experienced DUI attorneys drops lower every year.

There are very few citizens who will be needing to pick up that telephone and make that very important call to an experienced DUI lawyer who specializes in all types of DUI cases. There will no longer be the need of retaining only professional DUI attorneys with the expertise in handling all types of DUI charges, and the ability to do everything possible to see that your DUI charge is dropped. Individuals of Orange County, Los Angeles, Bakersfield, Pacific City, and all other California cities are certainly celebrating their accomplishments, but they are certainly not doing so by partying at the clubs or out drinking and driving.

It would certainly be nice if all of those statements were true, but as we all know, just the opposite is true. Those things are nothing more than appealing impossibilities.

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California DUI Defense Attorneys

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Not all California DUI defense attorneys are the same - some may be able to defend you and tilt law to your favor. Others may just drain your resources and not be able to keep you from going to jail. Your life and your future will depend entirely on how well you are represented, so choose your lawyer carefully. Here are some questions you should ask your potential attorneys before you sign up with them.

Does the lawyer specialize in DUI cases only?

Remember that DUI defense is an extremely complex, specialized field and DUI laws require special attention. Hiring a 'generalist' lawyer is not a good idea - it would be like hiring a dental hygienist to perform oral surgery. See if the lawyer is a specialist in DUI, or if a big percentage of his or her cases are DUI-related. This is the only way for you to ascertain that you are dealing with a professional.

How well does the lawyer rank against others? You can find out an attorney's rank through the Martindale-Hubbell International Directory of Attorneys. Also check the California DUI attorney's general background. Did he or she go to a reputable law school? Is his or her practice record free from bar complaints? You should certainly give more credit to DUI attorneys who are Board-certified members of the National College for DUI Defense. This reaffirms their expertise in the DUI field.

Does the lawyer have access to a wide network of people or organizations that can help get you off the hook? Your California DUI attorney must know technical expert witnesses to help you further your case. Such witnesses can help analyze if you were subjected to the right police procedures, and if the blood and breath analysis were correctly administered. Small technicalities like this can cause you to either be found guilty or acquitted.

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California DUI Defense Attorneys

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Not all California DUI defense attorneys are the same - some may be able to defend you and tilt law to your favor. Others may just drain your resources and not be able to keep you from going to jail. Your life and your future will depend entirely on how well you are represented, so choose your lawyer carefully. Here are some questions you should ask your potential attorneys before you sign up with them.

Does the lawyer specialize in DUI cases only?

Remember that DUI defense is an extremely complex, specialized field and DUI laws require special attention. Hiring a 'generalist' lawyer is not a good idea - it would be like hiring a dental hygienist to perform oral surgery. See if the lawyer is a specialist in DUI, or if a big percentage of his or her cases are DUI-related. This is the only way for you to ascertain that you are dealing with a professional.

How well does the lawyer rank against others? You can find out an attorney's rank through the Martindale-Hubbell International Directory of Attorneys. Also check the California DUI attorney's general background. Did he or she go to a reputable law school? Is his or her practice record free from bar complaints? You should certainly give more credit to DUI attorneys who are Board-certified members of the National College for DUI Defense. This reaffirms their expertise in the DUI field.

Does the lawyer have access to a wide network of people or organizations that can help get you off the hook? Your California DUI attorney must know technical expert witnesses to help you further your case. Such witnesses can help analyze if you were subjected to the right police procedures, and if the blood and breath analysis were correctly administered. Small technicalities like this can cause you to either be found guilty or acquitted.

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Inchoate Offenses Explained

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As a general rule for studies in the United States shows that the prosecutor must ensure that the accused is guilty in the mind and body. In Latin, this is known as "mens rea" known and "actus rea". In other words, the accused may be convicted if they do not commit a crime, or if they did not.

An interesting exception to this rule is the class of the offensive as "the crime is not finished" means. Started a crime to be condemned, you do not really commit to any legal action. Theprosecution only needs to convincingly demonstrate a specific kind of mens rea. This means you can be charged with planning or intending to commit a crime, even if reasons beyond your control stopped you from actually doing it.

Mens rea is divided into three different categories, in order of severity: criminal negligence, recklessness and intent. A person commits criminal negligence when he or she fails to prevent an accident or injury from happening even though the incident could reasonably be foreseen. (Of course, this only applies to people or property the accused is legally responsible for.) Recklessness is when a person chooses to commit a certain act even though they are fully aware of the potential consequences, leading to someone else's injury. Neither criminal negligence nor reckless is sufficient in an inchoate crime trial.

To win a conviction of an inchoate crime, the prosecution must prove intent, which means the accused was Planning, or intended to commit a criminal act. Not only did the prosecution need not prove that the defendant committed a crime, the prosecutor is not authorized to do so. A person can not be accused of a crime rudimentary and crimes against the person and property, for the same offense. This means it can not come with any offense, and with the intent to commit one, funded except in the case of the conspiracy. A person can be both with a certain crime, and conspiracy with the other dependentscommit it.

This kind of charge was designed so that people who fully intended to commit a crime, but were only stopped by other circumstances, can still be tried. It is not intended to be any sort of thought monitoring or control. For this reason, one defense against this kind of charge is abandonment. In this strategy, the defendant admits to considering or planning a certain plan, but insists that they changed their minds and had no intention of committing a crime at the time they were arrested.

For more information about inchoate crimes, contact Appleton criminal defense attorneys Kohler, Hart & Priebe.

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Inchoate Offenses Explained

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As a general rule for trials in the US, the prosecuting attorney must show that the accused is guilty in both mind and body. In Latin, this is known as "mens rea" and "actus rea." In other words, the accused cannot be convicted if they did not actually commit a crime, or if they did not mean to.

One interesting exception to the rule is the class of offense known as "inchoate crimes." To be convicted of an inchoate crime, you do not have to actually commit any legal acts. The prosecution only needs to convincingly demonstrate a specific kind of mens rea. This means you can be charged with planning or intending to commit a crime, even if reasons beyond your control stopped you from actually doing it.

Mens rea is divided into three different categories, in order of severity: criminal negligence, recklessness and intent. A person commits criminal negligence when he or she fails to prevent an accident or injury from happening even though the incident could reasonably be foreseen. (Of course, this only applies to people or property the accused is legally responsible for.) Recklessness is when a person chooses to commit a certain act even though they are fully aware of the potential consequences, leading to someone else's injury. Neither criminal negligence nor reckless is sufficient in an inchoate crime trial.

To win a conviction of an inchoate crime, the prosecution must prove intent, which means the accused was planning or desired to commit a criminal act. Not only does the prosecution not have to prove that the accused committed a crime; the prosecution is not allowed to do so. A person cannot be charged with an inchoate crime and a crime against people or property for the same offense. That is to say, you cannot be charged with committing a crime and with intending to commit one, except in the case of conspiracy. A person can be charged with both a certain crime and conspiring with others to commit it.

This kind of charge was designed so that people who fully intended to commit a crime, but were only stopped by other circumstances, can still be tried. It is not intended to be any sort of thought monitoring or control. For this reason, one defense against this kind of charge is abandonment. In this strategy, the defendant admits to considering or planning a certain plan, but insists that they changed their minds and had no intention of committing a crime at the time they were arrested.

For more information about inchoate crimes, contact Appleton criminal defense attorneys Kohler, Hart & Priebe.

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What Attorneys Do To Cops In Court

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Why are we trying to learn to get admissions and/or confessions from suspects, anyway?

We desire such evidence to present at trial, or to build such an overwhelming case that the case doesn't even go to trial in the first place.

If that is indeed the goal, let's take a quick look at what we may encounter in a typical criminal trial.

In my years as a law enforcement officer, I've had the occasion to watch many attorneys conduct themselves in civil and criminal courts.

In fact, the average police officer spends much more time in front of a judge and/or jury than most attorneys.

Many attorneys have told me that trials represent a failure on their part to successfully plea-bargain a case, so they don't actually get to trial often.

In my conversations with many top-notch criminal defense attorneys, certain things are always emphasized in the representation of any criminal client.

In the pre-trial "game plan", the attorneys sketch out a plan of attack, basically as follows:

Attack the reason for the contact - if attorneys can establish that there were no grounds or authority for the initial contact, this will result in the exclusion of evidence.

How do they commonly establish the lack of grounds or authority?

One way is to dispute the officer's testimony concerning his/her initial observations which led to the contact, usually by implying that the officer is lying or embellishing.

An absolute counter to this is to obtain an admission from the suspect of the observed behavior which prompted the contact.

Attack the Officer's Conduct - coercion, force, fear, intimidation (either actual or implied) will always be ready avenues for defense exploration.

It's important to note that criminal defense attorneys may attack not only the officer's conduct during a particular contact, but they may use the officer's past history in an attempt to establish a pattern of past misconduct.

We have to think back no further than the well-publicized O.J. Simpson trial in which Mr. Simpson's attorneys discredited a police investigator by bringing up racially disparaging comments made by the investigator years prior to the Simpson prosecution.

Attack the decision to initiate action - if not successful in attacking the officer's reasons for the initial contact or the officer's conduct, most defense attorneys will move to attack the officer's decision to take action against the defendant.

Lack of reasonable suspicion and/or probable cause will be bandied about at this stage of the defense.

Evidence issues - if unsuccessful in the above arenas, most attorneys will move to the evidence itself and the chain-of-custody issues surrounding that evidence.

If the evidence gets excluded, most trials cannot be prosecuted.

If all else fails, now's the time for the classic S.O.D.D.I. defense:

"Some other dude did it."

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What Criminal Attorneys Charge Is A Crime

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If you've been falsely accused of a crime, it's likely you don't think any price is too high to pay for your freedom. But, when money does matter, it's important not to sacrifice the quality of your criminal attorney just to meet a budget.

If you are truly innocent, it's very likely a good criminal attorney can get you off. Going for a discount rate wouldn't be wise, but there are ways to keep costs at a minimum or even recoup them after a win in court. As long as you insist on finding a criminal attorney that displays some basic, but very important, traits, you should be okay with your hire even if his or her rates are less than others.

Should money be an issue in hiring a criminal attorney, consider these things:

* Stay clear of the 'best of the best' if you can't afford them. Instead, settle for a criminal attorney that displays the traits of a good criminal defense lawyer. This means someone with years of experience in the law, a person who has perhaps also been a prosecutor and maybe even someone with a minimal (but existent) track record in trial courts. Newer criminal attorneys are likely to cost less, but that doesn't mean they'll be awful. Trial experience and former prosecution work are vital traits in that they ensure the criminal attorney you're thinking of hiring knows his or her way around a criminal case.

* Consider going with the attorney provided you by the courts if: that attorney has a good track record, shows a genuine concern about you and your case, really seems to believe your side of the story. If these three things are not present, you might want to try and hire a criminal attorney on your own if it's at all possible. Public defenders can be fantastic lawyers, but that doesn't mean all of them are - just like private criminal attorneys.

* Find a lawyer with a good background who is willing to wait on payments until the case's outcome is decided or is at least willing to work with you. Some lawyers will work on a retainer that's fair and wait to recover costs for false arrest at a later date.

* Plan to recover costs if you clearly are not guilty of the crime you've been accused of.

As you look for a criminal lawyer, remember there are certain traits to look for. You want a criminal lawyer who:

* Has experience in the field.

* Understands how the prosecution works.

* Is versed in trial law, as well.

* Is open with the lines of communication and clearly listens to you and your input on the case.

* Treats you like a person and not a 'criminal.'

* Keeps you apprised of the case as it progresses.

* Fights for your side without prejudice.

Finding a good criminal lawyer can be a costly venture, but there are ways to keep it more affordable without sacrificing quality. If you make sure experience and communication are present with your criminal lawyer, you should be okay even if you haven't been able to hire the 'best of the best.'

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How to Find an Indiana Criminal Defense Lawyer

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Although no one ever hopes they'll need a criminal defense lawyer, the need arises more often than you might imagine. If you live in Indiana - whether in South Bend, Crown Point, Indianapolis, Valparaiso, or any other city or town - it's important to be able to find a good criminal defense attorney in your time of need. But how do you go about assessing the strengths of an attorney? Here are some tips to help you select a lawyer that meets your needs and circumstances.

Geographic Familiarity

While laws apply to the entire state, each Indiana county has its own approach to criminal justice. As is true for every state, there is some variation in law enforcement from area to area. Judges, prosecuting attorneys, and probation officers have quite a bit of leeway in how misdemeanor and felony cases are handled. It's important, then, to find a criminal defense lawyer or legal team that has experience in the geographic area where the crime was allegedly committed. Local approaches and procedures can affect the outcome of a case, and a lawyer who is familiar with those differences can work them to his client's advantage.

Type of Criminal Charge

Some criminal defense attorneys specialize in one type of criminal charge, such as crimes involving a weapon, or traffic ticket appeals, or sentence modification. The best criminal defense lawyers, however, have a broad range of experience in a variety of charges - everything from traffic ticket appeals to felony DUI to carjacking to homicide. Make sure that you select a lawyer who has a broad range of experience, and who is a seasoned trial attorney. Hopefully, the case will never go to trial, but if it does, you want to ensure that you have the best representation available to you or your loved one.

Fighting on Behalf of the Client

A good criminal defense lawyer takes a number of steps to ensure that his client obtains the most favorable outcome. The first step is to take the time to examine the facts of the case. An experienced attorney can see where the police investigation may have been weak, where the prosecution's evidence is lacking, and whether or not Indiana law has been correctly applied to the case.

The next step is to take proactive steps on the client's behalf. By offering a client's defense in the best possible light, and by acting in a timely manner, a good attorney can often have charges for the most serious crimes dismissed or lowered in severity. In contrast, the clients of lawyers who wait until the last minute are rarely offered the best outcomes.

Cost and Availability

When looking for an Indiana criminal defense attorney, cost may not be the primary consideration, but it does enter the picture. Some of the best lawyers offer free initial consultations for the specific problem you or your loved one are facing.

When making your choice, you have a right to expect that your lawyer will be available to you when you need him. Facing criminal charges can be frightening, depressing, and stressful. Knowing that your lawyer is available in a timely manner to answer your questions and address your concerns is of primary importance.

With the right Indiana criminal defense attorney, your legal troubles will soon be behind you or your loved one, and you can get back to enjoying life.

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Los Angeles Cerebral Palsy Attorneys

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Cerebral Palsy is a broad term that describes a group of neurological disorders, causing a permanent state of uncoordinated movement and posturing. It is the result of an episode that causes a lack of oxygen to the brain. Birth injuries that may result in cerebral palsy are a failure of hospital staff to order, a C-Section birth in a timely manner. CP is also the result of excessive use, of a vacuum extractor, failure to treat seizures following birth, and improper delivery. Victims of cerebral palsy require specialized care and therapy and will need assistance throughout their lives, depending on the severity of the disorder.

Medical malpractice lawyers handle cerebral palsy lawsuits, caused by negligent doctor error and mistakes. Every mistake does not necessarily constitute a medical malpractice case. Doctors, hospitals, and other healthcare providers, are obliged to follow certain standards of medical care in treating their patients. When they fail to do so, and cause injury or even death, there may be a potential medical malpractice claim. An attorney, who specializes in this area of law, reviews the medical records to determine if, in fact, a case for medical malpractice exists. Attorneys ensure that the child will be taken care of in the long term, and the child's parents are compensated for their emotional suffering.

Each state has its own Statute of Limitations, which means there is a time limit on bringing a malpractice claim. Keeping in mind these variations, it is obvious that sentences will differ from state to state. It is important to first determine how and when the negligence was caused. This step involves detailed scrutiny of private health care providers or public institutions that have worked with the patient. Attorneys practice on a contingency fee. Law firms in Los Angeles can be contacted directly or through referrals on websites.

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Los Angeles Tax Attorneys

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Laws governing taxes in Los Angeles are often complicated and could leave you in a tizzy, leave alone understanding them. This is where a Los Angeles Tax attorney comes into picture. Tax laws literally affect millions of people in Los Angeles. Los Angeles Tax laws are specialized laws that apply to areas like income, property, estate and matters of inheritance. A good Los Angeles tax attorney is hired to help individuals or corporations to calculate and then pay taxes.

Any good Los Angeles tax attorney is typically well trained in subjects like statistics, business concepts, mathematics, to mention only a few. Many of them also hold the Master of Law Letters (LLM). The LLM degree speaks volumes about their expertise in the field of tax laws. A good number of tax lawyers have obtained LLM in Los Angeles. Such tax lawyers are considered more knowledgeable, when advising clients on matters related to tax.

One should also take into consideration several factors, before hiring the services of a Los Angeles tax attorney. You should clearly address your needs for one, in the first place. You can go through online forums, which could give you a fair idea on taxes. There are virtually hundreds and thousands of articles available on these online resources, which would answer most of the queries, which you may have had. You can also find out more about them through your friends or colleagues, even your family members. In order to locate for a tax lawyer in your area, you can either browse online or you can easily find one in your yellow pages. It is always advisable though, that you have list of questions ready to be put to your Los Angeles tax attorney, during consultation. Most of the Los Angeles tax attorneys don't charge for initial consultations. Remember, the more research you put into your work related to tax, the more you stand to save.

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Criminal Defense Attorneys Note Oddities in Healthcare Fraud Statistics

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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.

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Criminal Defense Help: What It Can Do

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Sometimes we make mistakes. It is not that we deliberately break the law, sometimes it is just unavoidable. Sometimes we do not even know it unless charges are pressed against us. So what's a poor citizen to do?

Well, that citizen can fight it out in court. But just as any person doesn't go to battle without armor, you can't go to the judge unprepared. That is just plain suicide. No, you need a good army of lawyers behind you to help you get out of your mess. You need a good, hardworking criminal defense attorney. You need to know your stand, and you need to stand your ground. You need to get your facts straight, and the place where you can have that is the website criminaldefensehelp.com.

Being pressed with charges can turn your life upside down, that is why it is important to act quickly and acquire damage control before it's too late and people close to you are also affected. What is worse is when you are being accused of a crime that you did not commit. A criminal defense lawyer has the responsibility of providing legal representation to the accused. The lawyer does not have the responsibility of proving innocence or helping the guilty to be set free. He has your best interests in mind and it is his job to protect you. The criminal defense lawyer focuses on getting your case dismissed.

A criminal defense attorney can prevent you from ever being taken into custody. A criminal defense attorney also has the ability to assist you against further incrimination by instructing you what to say in interrogations. A criminal defense attorney is also able to speak on your behalf and defend against the prosecution's case by questioning witnesses in the defense's case and cross-examining the prosecution's witnesses.

The criminal defense attorney in california deals with cases such as white collar crimes, drug crimes, sex crimes and more. They have been pioneers in developing all forms of alternative sentencing such as house arrest and diversionary programs. They have established relationships with Judges and District Attorneys in Los Angeles, Orange, Sacramento and Ventura Counties. Choosing the legal counsel of a California criminal defense lawyer can save you from being found guilty in a criminal case. A California criminal defense lawyer often has the reputation of being staunch legal counsel by virtue of having passed the California Bar exam alone. This exam is known to be one of the toughest nationwide.

San Diego Criminal Defense Attorneys excell in DUI Defense, Drug Defense and defense of other misdemeanor and felony charges requiring the assistance of a professional attorney in San Diego and Southern California. A San Diego Criminal Defense Lawyer defends each case specifically and according to the unique facts, and the law, as it is written related to the case. Attorneys argue relentlessly on behalf of their clients in the courtroom, as trial lawyers, and winning the confidence of the jury is their specialty.

Illinois attorneys are also known for their white collar criminal defense. This is their specialty.

So the next time you have been charged with a criminal offense from out of nowhere, there is no need to panic. After all, you're innocent until proven guilty. All you have to do is employ the help and services of attorneys in criminal defense. Criminaldefensehelp.com provides you with the necessary information.

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Criminal Defense Careers

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Criminal defense careers offer several exciting and rewarding positions in both public and private sectors. Employment options in any legal organization would depend upon the size of the firm, specialization, and expertise. Criminal defense lawyer or attorney can specialize in areas such as DUI, DWI, disorderly conduct, kidnapping, domestic violence, weapon crimes, felonies, murder, parole violations, arrest warrants, bail hearings, or summonses. However, a great deal of trial experience is required for any criminal defense lawyer. Most of the criminal defense lawyers work for prosecutor?s or public defender?s office.

The attorneys can specialize in white collar criminal defense. Most of the large law firms consist of a white-collar criminal defense division. They can also work as solo practitioners. White collar criminal defense lawyers provide legal representation for corporate clients against regulatory boards such as the Securities and Exchange Commission or against the corporate crime division of the U.S. attorney's office. Besides crime issues, they can also specialize in embezzlement, price-fixing, fraud, bribery, and racketeering. White collar criminal defense attorneys charge relatively higher than that of large-scale civil litigation attorneys.

The lawyers can also specialize in appellate law. Appellate attorneys can work in both private and government organizations. They spend most of their time in appellate research, presentation of oral arguments, and in the preparation of records and briefs. A wide range of appellate caseload is available in both state and federal courts. State appellate criminal defense attorneys can earn a government salary. Private lawyers engaged in appellate cases can earn a huge amount as salary. Most appellate attorneys will have either prior trial experience or clerking experience for a judge.

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Criminal Defense Attorneys in Florida - Fight Your Traffic Ticket in Port St Lucie

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If you are charged with a traffic violation in Port St. Lucie, the first step to getting the charges dismissed is to hire a qualified criminal defense attorney to defend you. While this may appear to be a daunting task, it doesn't have to be. You could spend days agonizing over the pages upon pages of criminal defense attorneys in the yellow pages, but there is an easier way. All you need to do is get on the internet and do a general search for lawyers that handle the citation you've received that are available in your area. Then, you can read through their web sites, and find out all the information you need to know about their background, and how well they will be able to aid you in your fight.

Fight for your driving record

Too many people take for granted that once they are cited for speeding they must simply pay the fine, and have points put on their driving record. However, in the U.S. court system, everyone is innocent until proven guilty, so depending on how badly you want to avoid being charged with a traffic crime, you should always at least consider attempting to fight your charges. If nothing else, you can at least check out some of the available criminal defense attorneys in Florida. Most law firms offer a free initial consultation, so you can check out your options without wasting any money.

What happens next?

Unless you're willing to simply roll over and accept the charges that are against you for your traffic violation, then you need to try to fight your traffic ticket in Port St. Lucie. There is no guarantee that you will win your case, however, as long as you choose a qualified lawyer and ensure that you both fully understand your charges and all of your options, you will at least have a chance. And if nothing else, you may still end up paying the fine, but at least you tried to fight to keep your record clean.

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Our Criminal Courts - The Role of Defense Counsel

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Imagine yourself as a young adult, pulled from friends and family and called upon to defend your country in a foreign land. One day, while on guard duty with your platoon, you're suddenly surrounded by a group of hostile, threatening people--a jeering, taunting mob, probably armed, and stirred to anger by faceless voices in the darkness calling on them to fire. A shot rings out--your platoon returns fire--and the next day, you're hauled into court and charged with murder. Your case is set for trial, and the only jury around is made up of the very same mob that was threatening you the night before.

The Critical Role of Defense Counsel

Defense lawyers are called upon by our system of justice for a variety of tasks. They explain to their clients what is happening, and make sure that each defendant knows his rights, and is fully aware of what is happening. As defense counsel, the lawyer is charged with protecting those rights, and ensuring that the client receives the protections afforded to every citizen by our laws. The lawyer will take over dealing with the prosecution, call and examine any witnesses in court, and do everything the law allows to keep his client from harm--or, at the least, to minimize the damage. This means challenging the prosecution's case, its conduct, and on occasion, the very laws that govern the case.

We often take these protections for granted, or scoff at them as mere "technicalities" that do little but allow criminals to escape justice. It is easy, and often tempting, to dismiss defense lawyers (and, for that matter, all lawyers) as professional hacks, whose only function is to confuse juries and confound courts. And sometimes, when defending people who are clearly guilty, it may seem that defense lawyers are a needless extravagance, who only get in the way of protecting people from the worst elements of society. But just as crimes come in a variety of shapes and sizes, criminals are often indistinguishable from the ordinary citizen, a fact that some of us only come to realize when we find ourselves seated at the defendant's table, with fingers pointing at us. It is then that we realize just how critical a vigorous and independent defense bar is to a free society--allowing ordinary citizens to challenge the actions of their own government. Viewed in this light, the bedrock of American liberty is our right to use the rules we have all agreed to live by to defend ourselves in a public setting, where the actions of the same government that seeks to condemn us must prove that we have broken the law.

Defense lawyers don't exist just to make everyone else's life difficult. And their job is a critical, if often misunderstood safeguard against tyranny. Just imagine what would happen if the government could decide whom to jail--without the messiness of subjecting their actions to the test of law. The freedom of all of us would be in the hands of government bureaucrats--people, like all others, who have their likes, dislikes, biases, and petty grievances.

A Safeguard of Liberty

In large measure, the law exists to protect us from bullies. But without the means of challenging the actions of our own government, there would be little protection for the common citizen against a bully who happened to wear a policeman's badge, or a prosecutor's suit, or who happened to enjoy the friendship of someone for whom justice means doing right by his friends. And if you should ever find yourself on the wrong end of action taken by the government, you will find that the ability to resort to the law to defend yourself will be critical. Among the first casualties of Nazi Germany and Stalinist Russia was the independence of the courts and the legal profession. Once those bulwarks against tyranny fell, there was nothing to protect common people against the unbridled assertion of governmental power--no matter how misguided, petty, or malevolent it might prove to be. But it is the rare government that will attack its own citizens directly: instead, the attacks come against marginal groups, ones that nobody would rise to defend, and who seem to everyone to be a threat to the security of the state. Unfortunately, those threats never seemed to end; and so the knocks on doors of enemies of the state continued, as the government kept finding new enemies to fight, and new threats to fear.

The example cited at the beginning is from one of the most famous confrontations in American History--told from the side of the defendant, rather than the victim. It was the Boston Massacre, which arose at a time of growing tensions between the Colonies and Great Britain. The encounter between soldiers and the angry mob led to shots--nobody knows for sure who fired the first one, although some testimony indicated that it was a terrified British soldier--and in a country without a strong defense bar, the young soldiers would likely have been swiftly taken out and hung, if not by the Law, then by the mob itself.

Thanks to a courageous Boston attorney, the defendants received a fair trial and most were acquitted on grounds of self-defense, the sentiments of the mob notwithstanding. A couple were convicted of the lesser charge of manslaughter and released--the proper verdict when emotions and provocations don't quite excuse a homicide, but make it less an outrage and more a fallible human reaction to extreme stress.

The defense lawyer was a prominent member of the state bar, who later served his country in a variety of ways--statesman, ambassador, signer of the Declaration of Independence, and the second president of the new United States.

It was John Adams...patriot and rebel, for the defense.

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Criminal Defense Attorney Average Salary - Does It Pay Well?

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The profession of law is an age-old vocation that is considered to be among the noblest of occupations along with medicine and education. A lot of people aspire to be lawyers as they are seen to be upholders of the law, but also because it is also deemed as a very lucrative job. This is especially true particularly in a subspecialty of the profession which is criminal defense. Because of the emotional, psychological, and moral risks that a criminal defense attorney faces, they are believed to receive a higher than average salary.

Criminal Defense

Criminal defense is basically a branch of law that deals with crimes, and it is the job of the criminal defense attorney to represent parties who are accused of crimes to prevent their conviction and avoid dreaded the dreaded punishments that are imposed by law on criminal acts. The job of the criminal defense attorney is a difficult one because in his hand the responsibility of handling sensitive matters. Defending a crime is not an easy thing to do. It is not like defending a tort, where the accused offense is committed only against an individual. With a crime, the wrong is against the general public. Thus, defense lawyer faces not only a victim, but the entire community. For the average people the challenge of criminal defense might be enough motivation to pursue such a profession, however, a lot also go with it because of the promise of having a large salary.

Criminal Defense Procedure

The average criminal case through the country basically undergoes the same procedure. The individual or group suspected of a crime is arrested by the police. Serious cases are presented to the grand jury which would decide whether or not there is enough evidence to pursue a trial. Even this is not yet the trial itself, the criminal attorney has an important role at this stage because there is a chance for the accused to be discharged at this point, and that could be a great development. While the decision of the jury has not yet been passed, the attorney could work for the release of the accused party on bail. Should the jury decide that the evidence is enough to pursue the case, a trial will be called for. This is part where criminal defense attorneys really work for their salary. The trial will either be by jury or before a lone judge, if the jury is not really needed or if consent is given by the defendant.

The trial will be done either by jury or before a lone judge if there is no need for a jury or if the defendant consent approves. First the government would present its case through a district attorney, otherwise known as a public prosecutor. The district attorney would prove that the accusations in the indication are true. The defense attorney however would prove that the defendant is not guilty. This is what most courtroom dramas portray apart from showing the lawyer's comfortable life due to an implied gargantuan salary. But the job of the criminal defense attorney is not all fame and glory. It takes a better-than-average critical mind to know what to do or what to say, and to come up with a sound strategy to uphold his client's innocence. A great moral burden is placed over the criminal defense attorney because there are indeed chances that suspect he is defending is actually guilty, and no matter what happens, it is duty to prove that the suspect is innocent. This is not something that the average person can do.

The law is a very difficult profession but for some people, its perks - having a large salary and earning great respect, are enough to pursue such a career. But apart from the benefits what is important is having passion for it.

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