When Do You Need Criminal Defense And Why Cant I Defend Myself

There are probably an infinite amount of reasons why youd need a criminal defense attorney. But specific circumstances asideits quite simple. If youre charged with a crime of any kind, any natureyou can hire a criminal defense lawyer to represent you in trial. This applies to issues as small as speeding tickets, all the way up to felony offenses; however in some cases a criminal defense lawyer isnt even necessary, so reading this article will help you to make a choice that can save your from jailand save you plenty of money.

So what are the basic things you need to know? In the United States the legal system is an endless process that has various ins and outs. And even more specific rules, a normal person will likely never know. So depending on the seriousness of your crime, sometimes it really IS absolutely necessary to have good criminal defenseand even if you dont have money, public defenders can be issued to you. And though that might not always be the best choice, believe mehaving a lawyer is better than not. Especially if the allegations are seriousafter all the law is a complex and multi-faceted, so someone who went through law school will be able to give you the best advice. People make a wide variety of excuses to keep themselves away from lawyersbut the truth is, this is something to important to make excuses about; it really can mean the difference between your innocence and guilt.

So when will your lawyer come in to play? It varies from state-to-state, but as soon as your in custodyyou should be able to get an attorney before the pre-trial hearing. It is at this hearing when you will plead either guilty, not guilty or no contest. And its very important you make the right choice at that point, which is why you need a lawyer. After all any mistake you make can be worked against youits how the law works!

So you can easily see how its important. But the choice of lawyer is also something that is very important. You need to understand that a criminal defense lawyer can have a specific specialty. For example, certain lawyers only handle DUI casesand chances are if youre in a specific situation, you can find a specific lawyer for your situation. The more experience the better.

In the endthis is your life, and its very important. If youre guilty of a crime, and accused of it; youll likely want a criminal defense lawyer to help you during the trial process. And if your innocent, and have been accusedyou may be in more need than anyone else for a criminal defense attorney, because your innocence is something you DEFINITELY want to keep.

So if youre in the various cities of Los Angeles and the San Fernando Valleybe sure to contact the law offices of . With over 50 years of combined experience have the knowledge and experience you need to get you through your trial! Call us now for a free consultation!

San Diego Criminal Attorney Free Related Info

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

Next, he will know the prosecutors and the Judges for the state. He should be able to tell you ahead of time what kind of plea bargain to expect and whether the Judge is the sort who makes people out on their sentences. This will give you a good idea about whether you should settle early on or press ahead for a jury trial.

While no one wants to find themselves in the need of a criminal attorney, should that time come the best attorneys will follow you through the entire judicial process. Criminal representation is about more than just showing up in a court room and pleading guilty or not guilty. The attorney needs to have a clear knowledge of the case, a strong sense of attachment to the community, and that attorney needs to be on the side of the defendant.

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Government appointed Attorney: On a case to case basis, considering the financial position of the accused the court allows the appointment of an attorney on a request made by him. A declaration about his financial condition should be presented. The attorney or the public defender as he may be called is appointed immediately or delayed for verification. The court bears the expense of appointing an attorney. Where the accused does not qualify for a free help and also not in a position to bear the expense is allowed to pay a portion of the expense.

Such a little detail as a failure by a criminal judge to advise a defendant of the immigration effects of a criminal conviction may be grounds for termination of deportation/removal proceedings. Needless to say, if a conviction is vacated, the immigration issues are eliminated.

Whatever the situation, the criminal attorney's duty is to fight for you because they believe you are innocent. He plays a very important role in helping you out of any critical situation. A person accused of a crime, could face jail time, or even worse, prison. If ever faced with such a thing, it is important to promptly secure a reliable criminal lawyer.

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The Wide Acceptance Of Medical Marijuana In California

Whether you live in Van Nuys, North Hollywood, Studio City or Riverside County, whether you live in Southern California or Northern California, it's a good chance you either work or live near a legally sanctioned medical marijuana clinic or dispensary.

In California, dispensaries are legislatively sanctioned nonprofit organizations designed around the right of patients to have safe access to medically recommended marijuana. Accordingly, dispensaries are advised to adopt a policy of strict compliance when it comes to the zoning laws of their respective city and county. It's another matter if you're facing federal charges for the use and possession of marijuana.

Federal law presents a more complicated set of issues concerning the use and sale of medical marijuana primarily because the federal government does not legally distinguish between medical marijuana uses for recreational purposes verses medical purposes.

Under Federal law, marijuana is treated like every other controlled substance, such as barbiturates and amphetamines. The personal use and sale of these types of drugs without a medical doctors prescription is strictly forbidden and often carries strict fines and penalties.

Under current federal law, there are still five and ten year mandatory prison sentences for marijuana offences. There has been a recent and dramatic policy shift by the drug and enforcement divisions of the Federal government through Attorney General Eric Holder, in which it was announced that it will no longer raid medical marijuana dispensaries and clinics that are found to be in full compliance with their respective state and local laws and ordinances.

Allowing the states and local authorities to regulate the use and sale of medical marijuana has dramatically changed the political and legal landscape in favor of patient's rights, as well as the states rights to govern these issues independently.

Thirteen states, including California, have passed laws concerning the legal use of medical marijuana and its sale through individual neighborhood dispensaries and clinics. California currently has over 500 lawfully operating medical marijuana dispensaries and clinics across most of its major cities and counties.

For example, California counties such as Alameda, Alpine, Sacramento, Butte, Contra Costa, San Bernardino and Los Angeles allow for the personal possession and use of up to six mature marijuana plants or eight ounces of dried marijuana buds. Counties such as San Francisco allow for greater use and possession of medical marijuana then most other counties and have mostly deferred medical-use issues to medical doctors and their patients.

Many of the medical marijuana dispensaries and clinics list their products and services in online publications and directories. With online advertising, dispensaries have found new ways to differentiate themselves from their competition while helping marijuana patients be more informed on the medicinal use and applications of medical marijuana.

California's medical marijuana laws are the least restrictive in the nation mostly because California has vested local and county governments to enact their own laws and guidelines concerning the safe access and sale of medical marijuana to qualified patients through local dispensaries and clinics.

California medical marijuana laws provide that patients and caregivers may cultivate and possess marijuana for their personal and medical use. (H&S Code Section 11362.5.) Under California law, a licensed medical doctor may approve or recommend the use of medical marijuana for the treatment of specific types of illnesses including: cancer, anorexia, chronic pain, glaucoma, migraine, arthritis and any other condition in which medical marijuana provides medicinal relief.

Even with the protections afforded by California law for the operation of medical dispensaries and clinics, there are still places where the medical use of marijuana is strictly prohibited. The prohibited locations include 1,000 feet from the grounds of a school, recreation center, or youth center, on a school bus or while operating a motor vehicle. Finally, California prohibits the use of medical marijuana in any place where regular smoking is prohibited by law.

In summary, the medical use of marijuana has gained credibility and acceptance among physicians and the patients who suffer from painful and debilitating medical conditions for which marijuana provides relief. As states and local communities find their comfort zone in their regulation of marijuana dispensaries and clinics, they must also be careful not to alienate interest groups and political factions who reject its use and would like to see marijuana remain unlawful for all purposes including medical.

The Role Of A Criminal Lawyer

Criminal cases are things that most normal people would not want to have at any time in their life. However, there may be times that such occurrences are inevitable. Criminal cases cause great distress and trauma for many people whether or not the accusations where the cases are based are valid. In the instances when such occurrences are unavoidable, most people find the sole source of their hope in a criminal lawyer. Luckily, in these days where information about practically everything is available, it is no longer difficult to find a competent criminal lawyer.

An Overview of the Criminal Process, and the Criminal Lawyer's Great Importance.

Most people would find legal processes to be very puzzling and complex. Aside from being knowledgeable about one's rights in such procedures, the best means of arming oneself as one goes through the process is by availing the service of a criminal lawyer who has a good grasp of the law and is able to handle cases very well. Among the basic essential concepts about criminal are the following:

The Stop - whenever there are criminal investigations, the authorities may stop particular citizens for questioning. At a first glance, this already appears to be an arrest, but it is not because this legal process does not entail the movement of a person from one location to another, although there are times when people get detained when they are subject to a stop. The good thing is, people are protected by a very important right during a stop - the right not to make statements - just like in an arrest.

The Search - when there is a suspected crime, it is reported so that a warrant could be issued. A warrant is the document that lets authorities to carry out searches, empowering them to invade people's privacy. When a suspected crime has a probable cause, judges may issue warrants. Not all searches need warrants. There are cases where immediate action is needed such as when suspicions are based on obvious evidence, when the property owner gives permission for the search, or when the venue for the search are moving vehicles.

The Arrest - arrests normally result in a person's detainment after a crime is accused. Arrests require a reasonable belief or a probable cause for the assumption that a person was able to commit a certain crime. Two highly essential rights are provided by the constitution during an arrest - the right not to make any statements (to remain silent) and the right to be defended by a criminal lawyer. The authorities who do the arrest are required to inform the suspect about these rights. Thus, the arrested person may opt not to say anything or answer any inquiry before the criminal lawyer comes.

People arrested normally hire their own criminal lawyer; however those who do not have enough resources to avail of the services of a criminal lawyer will be assigned one. It is a good thing that criminal lawyers are actually now easy to find through local directories or via the Internet.

The importance of criminal lawyers in criminal cases cannot be over emphasized. For many, the criminal lawyer draws the very thin line between winning or losing a case that is, to be free or to be convicted.

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The Right Criminal Defense Attorney For You

There's a tremendous amount of pressure on anyone who is tasked with choosing a criminal defense attorney, whether they know it or not.

While most people may not realize the fact that there can be a lot of things that differ from one criminal defense attorney to another, those same people also surely realize what will be at stake for them when they head to court to stand trial. The problem for many people in this situation is that they don't take the time to step back from the stress of the situation and make an informed, intelligent decision about who will represent them in court.

Because lawyers can have a reputation as being relatively similar in nature and in what they have to offer, many defendants in need of a solid, reputable criminal defense attorney may think that choosing one is no different from choosing another, when in reality that couldn't be more wrong in many cases.

Instead, it is important to understand not only what makes a good criminal defense attorney, but also what makes one different from another. What makes this potentially even more difficult is the fact that the relative strengths for an attorney only matter in terms of what an individual defendant's needs may be.

The single most important factor in identifying the right attorney is whether or not he or she has ample experience in the area of defense that you need. Because attorneys who practice this type of law often specialize in a certain area - such as auto accidents, instances of driving while intoxicated, medical malpractice and others to name a few - simply finding one who is qualified to take you on as a client is only half the battle. In the end, you will want someone who has stood beside many clients like yourself in court and has realized results.

Another major factor that should be looked into is the type of firm or practice he or she works for. In the end, you will want to know who will be handling every aspect of your case, and in many larger, more established firms it might be a few different people. It is ultimately up to each defendant to determine whether they want a more prominent lawyer who may have a number of less experienced clerks handle parts of your case, or one who is younger and more enthusiastic about taking on the majority of the work themselves.

These are just a few of the many factors that go into choosing the right criminal defense attorney. In the end, it's always best to meet personally with any candidates you are considering and learn as much as you can about them both personally and professionally in order to determine who you feel most comfortable working with.

What A Criminal Defense Attorney Can Do

The criminal justice system attempts to simplify what can be a complex system by adhering to the constitution and rules of evidence. Sometimes adhering to these rules has resulted in a miscarriage of justice with an innocent man being convicted or a guilty man going free, but it has been successful for the majority of criminal cases and until a new system is developed it is constantly being reworked and revamped to be successful as often as possible. With the help of a criminal defense attorney, you will have a better chance of a successful result in your case.

Forensic science has done a lot to change the criminal justice system and make the job of the criminal defense attorney easier especially if they have a client that is innocent but looks guilty based on circumstantial evidence. The Latin phrase "corpus delicti" has been misinterpreted by many hopeful killers for years to mean the actual body of the victim. The theory goes: no body, no crime. However, corpus delicti means the body of the crime, not the body of the victim, and in fact there does not need to be a body to prove a murder has occurred. There does, however, need to be enough physical evidence to prove within reasonable doubt that the victim is dead and that the accused is responsible for that death.

Most criminal defense attorneys, however, would find it easier to fight a murder charge against their clients if there is no body because it still creates a shadow of doubt with jurors. The recent televised murder trial in Florida involving Casey Anthony was one in fact where the prosecution did not hold out hope of getting a conviction without the victim, Caylee Anthony, being found and the defense certainly hoped that the body wouldn't be found to make their case of a stranger abduction more credible.

And adding to the confusion of prosecuting without the victim's body are the defendants who admit to crimes they did not commit. For example, in 2003 a suspect named Leonard Fraser admitted to killing a young teenage girl and was in fact on trial for her murder as well as another murder, when the young teenager reappeared after four years of being listed as a missing person. Cases like this may be the rare exception but for a criminal defense attorney these types of reappearances of the supposedly "dead" victim create doubt with a juror and that can be enough to prevent a conviction.

For most defendants accused of murder however, forensics has advanced far enough to make it less likely that a missing victim's body will result in their being found innocent but a good criminal defense attorney can still build a strong case against circumstantial evidence only.

So, as forensic science improves to keep up with killers who successfully dispose of their victims, the best laid defense still relies on building a case that creates doubt of any crime even occurring at all.

What Are Miranda Rights - Information On Criminal Law

What are Miranda Rights? This article discusses some important aspects of a persons Miranda Rights, -- what Miranda Rights are, when Miranda Rights apply, when Miranda Rights do not apply, and the limits on how police and prosecutors can use a persons statement made in violation of their Miranda Rights.

When a person is arrested, a police officer generally reads him his Miranda Rights from a form. These rights include the right to remain silent; the right to speak with an attorney before being questioned; the right to have an attorney present when you are questioned; and the right to have an appointed attorney (a public defender for example) if you cannot afford an attorney.

While Miranda Rights may sound very protective, in many cases they are not. The reason for this is clear a police officer only needs to read someone their Miranda Rights when they are (1) in custody and (2) under interrogation. If a person is not in custody and/or is not being interrogated a police officer can ask them questions without reading them their Miranda Rights.

What qualifies as police custody. Custody means that a person is formally arrested or, even if they are not formally arrested, their freedom of movement is restrained in a way very similar to being under formal arrest. If a police officer orders a person to stand against a wall and not move they are probably in custody even if they are not yet arrested. However, if a police officer approaches a person on the street and asks them a question they are probably not in custody since they have a greater sense of freedom.

Assuming a person is in custody, Miranda Rights still apply only when a person is being interrogated. Interrogation means questioning by a police officer that is likely to cause someone to make an incriminating statement. A question such as did you shoot him would clearly be an interrogation, however, casual conversation between a police officer and an arrested person might not be considered an interrogation if the police officer does not ask the person questions that would typically be used against him in a criminal case.

If a person is in custody and under interrogation they must be read their Miranda Rights. In most cases, if a person says something to a police officer when they should have been given their Miranda Rights, this statement cannot be used against the person in court. However, a huge exception to this rule is using a statement obtained in violation of a persons Miranda Rights to impeach them in court to show that they are lying. For example, if a defendant testifies in court that a car was blue, but he previously told the police the car was red, his prior statement that the car was red can still be used to show the defendant is lying even if the statement was made in violation of his Miranda Rights. ((

Sincerely,( Garret Weinrieb( Valerio | Weinrieb Criminal Defense Attorneys

(((note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)