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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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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