Category: Criminal Law

If you are arrested, the first thing you must do is clearly state that you want a lawyer. Do not be ambivalent by saying, “I think I need a lawyer” or by asking, “Do I need a lawyer”. Be very clear and state, “I WANT A LAWYER”. Then say nothing else, period.

By law, the police cannot talk with you any further. Even if the police continue to talk with you, say nothing until your lawyer appears. If you initiate the conversation, it can be argued that you waived your right to counsel despite previously requesting a lawyer to be present.

Once arrested and charged in a State case, a bail amount and an arraignment date are usually set. The arraignment, where the accused pleads either guilty or not guilty, could be days or even weeks away. After pleading not guilty at the arraignment, the defense is given a deadline to file pretrial motions, usually 15 days. In serious matters, it is not uncommon to have several motion hearing dates before trial.

In either a State or Federal case, it is highly recommended that you use your resources to hire an experienced criminal defense lawyer rather than spend your money on bail. It is better to use your resources to get the best defense available rather than spending your money on bail and not have enough for a good lawyer.

Of course, if you cannot afford to hire private counsel, you will be given a court appointed lawyer but this is not usually the best defense available. It is not that all public defenders are bad lawyers,, it is more that public defenders do not have the time or resources to give you the best defense. Private counsel will almost always provide your best chance for the best outcome.

Ask pointed questions in deciding which lawyer to hire. It is recommended that you consider only lawyers who specialize in handling criminal defense matters. And only lawyers who have handled your type of case before. If the case is in Federal court, be sure to hire a lawyer who is experienced in handling Federal criminal cases. State and Federal court are very different and require an experienced lawyer who knows the system in order to offer you the best possible defense.

Be sure one of your questions in choosing a lawyer is what steps will he take to defend you. Your worst nightmare is to get a lawyer who looks to hastily negotiate a plead deal for you. Pleading guilty should be a last resort, not a way for a quick resolution.

A seasoned, good criminal defense lawyer will thoroughly investigate the facts, including witnesses both for the state and for the defense. They will interview the police, carefully analyze reports, statements and other evidence. To obtain the best possible outcome for you takes a lot of effort and time. Getting the best possible outcome is no accident, it is the result of a diligent hard working criminal defense lawyer.

Introduction

An Advocate in this sense is an expert in the field of law. Distinctive nations’ lawful frameworks utilize the term with fairly varying implications. The wide proportional in numerous English law-based wards could be an advocate or a specialist. In any case, in Scottish, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, South Asian and South American locales, advocate shows a legal advisor of predominant arrangement.

“Backer” is in a few dialects a honorific for attorneys, for example, “Adv. Sir Alberico Gentili”. “Promoter” additionally has the regular significance of standing up to help another person, for example, persistent backing or the help anticipated from a chose legislator; those faculties are not secured by this article.

In India, the law identifying with the Advocates is the Advocates Act, 1961 presented and concocted by Ashok Kumar Sen, the then law priest of India, which is a law go by the Parliament and is controlled and implemented by the Bar Council of India. Under the Act, the Bar Council of India is the preeminent administrative body to manage the legitimate calling in India and furthermore to guarantee the consistence of the laws and support of expert gauges by the lawful calling in the nation.

Each State has its very own Bar Council whose capacity is to enlist the Advocates willing to hone predominately inside the regional limits of that State and to play out the elements of the Bar Council of India inside the domain doled out to them. In this way, every law degree holder must be selected with a (solitary) State Bar Council to hone in India. In any case, enlistment with any State Bar Council does not limit the Advocate from showing up under the watchful eye of any court in India, despite the fact that it is past the regional locale of the State Bar Council which he is selected in.

The favorable position with having the State Bar Councils is that the work heap of the Bar Council of India can be partitioned into these different State Bar Councils and furthermore that issues can be managed locally and in a facilitated way. In any case, for all useful and lawful purposes, the Bar Council of India holds with it, the last energy to take choices in any issues identified with the legitimate calling all in all or as for any Advocate exclusively, as so gave under the Advocates Act, 1961.

The procedure for being qualified for training in India is twofold. To start with, the candidate must be a holder of a law degree from a perceived organization in India (or from one of the four perceived Universities in the United Kingdom) and second, must pass the enlistment capabilities of the Bar Council of the state where he/she looks to be selected. For this reason, the Bar Council of India has an inward Committee whose capacity is to direct and look at the different foundations giving law degrees and to concede acknowledgment to these organizations once they meet the required benchmarks. In this way the Bar Council of India likewise guarantees the standard of training required for honing in India are met with. As respects the capability for enlistment with the State Bar Council, while the real customs may fluctuate starting with one State then onto the next, yet predominately they guarantee that the application has not been a bankrupt/criminal and is for the most part fit to hone under the steady gaze of courts of India.

What is advocacy?

Advocacy or Promotion in every one of its structures looks to guarantee that individuals, especially the individuals who are most powerless in the public eye, can:

• Have their voice heard on issues that are vital to them.

• Defend and defend their rights.

• Have their perspectives and wishes truly considered when choices are being made about their lives.

Promotion is a procedure of supporting and empowering individuals to:

• Express their perspectives and concerns.

• Access data and administrations.

• Defend and advance their rights and duties.

• Explore decisions and choices

A promoter or Advocate is somebody who gives backing bolster when you require it. A promoter may enable you to get to data you require or run with you to gatherings or meetings, in a strong part. You may need your backer to compose letters for your benefit, or represent you in circumstances where you don’t feel ready to represent yourself.

Our backers will invest energy with you to become more acquainted with your perspectives and wishes and work intently to the Advocacy Code of Practice.

Support can be useful in a wide range of circumstances where you:

• Find it hard to make your perspectives known.

• Need other individuals hear you out and consider your perspectives.

Independence

Individuals you know, for example, loved ones or wellbeing or social care staff, would all be able to be steady and accommodating – yet it might be troublesome for them on the off chance that you need to accomplish something they can’t help contradicting.

Wellbeing and social administrations staff have an ‘obligation of care’ to the general population they work with. This implies they may feel unfit to help a man to do anything that they don’t accept is in a man’s best advantages.

Yet, an Advocate is autonomous and will speak to your desires without passing judgment on you or giving you their sincere belief. We trust that you are the master on your life and it is your perspective of what you wish to happen that our backers will follow up on.

As far as the Indian lawful calling, a promoter is a subset of a legal advisor, i.e. all backers are legal advisors however not all attorneys are advocates.

A legal advisor is, extensively, somebody who has gotten legitimate training (in different terms, finished no less than a LLB.). In this manner, a legal advisor might be a promoter, an in-house guide, legitimate counsel, and so forth.

An advocate is someone who can practice in a court of law in India. The Advocates Act, 1961 has created a single category of legal practitioners, i.e. advocates. Only advocates (and no other category of lawyers) are allowed to practice in courts and plead on behalf of others, once they obtain the required license.

Rules on an Advocate’s duty towards the court

1. Act in a dignified manner

Amid the introduction of his case and furthermore while acting under the steady gaze of a court, a promoter should act in a honorable way. He ought to consistently maintain dignity. Be that as it may, at whatever point there is legitimate ground for genuine objection against a legal officer, the supporter has a privilege and obligation to present his grievance to appropriate specialists.

2. Respect the court

A promoter ought to dependably indicate regard towards the court. A supporter needs to hold up under at the top of the priority list that the pride and regard kept up towards legal office is basic for the survival of a free group.

3. Not communicate in private

A promoter ought not impart in private to a judge with respect to any issue pending under the steady gaze of the judge or some other judge. A backer ought not impact the choice of a court in any issue utilizing illicit or uncalled for means, for example, compulsion, influence and so forth.

4. Refuse to act in an illegal manner towards the opposition

A supporter should decline to act in an unlawful or uncalled for way towards the restricting advice or the contradicting parties. He should likewise utilize his earnest attempts to control and keep his customer from acting in any unlawful, dishonorable way or utilize uncalled for hones in any mater towards the legal, contradicting counsel or the restricting gatherings.

5. Refuse to represent clients who insist on unfair means

A backer might decline to speak to any customer who demands utilizing uncalled for or shameful means. A promoter should extract his own judgment in such issues. He should not indiscriminately take after the directions of the customer. He might be honorable being used of his dialect in correspondence and amid contentions in court. He should not outrageously harm the notoriety of the gatherings on false grounds amid pleadings. He might not utilize unparliamentary dialect amid contentions in the court.

Rules on an Advocate’s duty towards the client

1. Bound to accept briefs

A backer will undoubtedly acknowledge any concise in the courts or councils or before some other expert in or before which he proposes to rehearse. He should exact charges which is at standard with the expenses gathered by kindred backers of his remaining at the Bar and the idea of the case. Uncommon conditions may legitimize his refusal to acknowledge a specific brief.

2. Not withdraw from service

A supporter ought not normally pull back from serving a customer once he has consented to serve them. He can pull back just in the event that he has an adequate reason and by giving sensible and adequate notice to the customer. Upon withdrawal, he might discount such piece of the charge that has not collected to the customer.

3. Not appear in matters where he himself is a witness

A backer ought not acknowledge a brief or show up for a situation in which he himself is a witness. In the event that he has motivation to trust that at the appropriate time of occasions he will be a witness, at that point he ought not keep on appearing for the customer. He ought to resign from the case without risking his customer’s advantages.

4. Full and frank disclosure to client

A supporter should, at the initiation of his engagement and amid the duration thereof, make all such full and straight to the point divulgence to his customer identifying with his association with the gatherings and any enthusiasm for or about the contention as are probably going to influence his customer’s judgment in either captivating him or proceeding with the engagement.

Rules on an Advocate’s duty towards the opponents

1. Not to negotiate directly with opposing party

An advocate shall not in any way communicate or negotiate or call for settlement upon the subject matter of controversy with any party represented by an advocate except through the advocate representing the parties.

2. Carry out legitimate promises made

An advocate shall do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforceable under the rules of the Court.

Right of a lawyer to practice in India

The expression ‘right to practice’, in context of the legal profession refers to the exclusive right of persons enrolled as advocates to engage in practice of law before courts and tribunals. In Re. Lily Isabel Thomas 1964CriLJ724 the Supreme Court equated “right to practice” with “entitlement to practice”. This right enjoys protection at two levels:

• General protection – Article 19(1)(g) of the Constitution of India protects the right of individuals to practice professions of their choice. As members of the legal profession, advocates partake in this right along with members of other trades, occupations and professions.

• Specific Protection – Section 30 of the Advocates Act, 1961 confers on persons whose name is enrolled in the registers of State Bar Councils the right to practice before any court or tribunal in India including the Supreme Court. This section has been recently made effective through a notification issued by the Central Government.

Section 29 of the Advocates Act makes the right of practice an exclusive right and precludes all persons other than advocates from practicing law.

Duties to the society

• Duty to facilitate legal education, training of young lawyers and research in legal discipline

• Duty to render legal aid to those in need.

At whatever point a layman faces a legitimate issue, he tries to locate a dependable and proficient legal counselor who can explain his case and give him powerful cures on installment of a reasonable charge.

In any case, the confidence of the overall population in proficient backers and legal counselors is very disheartening.

Soli J. Sorabjee states his perspectives on this point in ‘Attorneys as Professionals’. He expresses that they are viewed as fortune searchers as opposed to looking to serve, a childish class, who, because of the unique information and mastery, give benefits on such terms however they see fit. What are the purposes behind this said decrease? The fundamental reason is that legal counselors, as different experts, have overlooked what is involved in a calling and their legitimate part in the public eye.

Conclusion

In the light of the above situation, before considering the new testimonies recorded under the steady gaze of this Court by the appellants-Advocates, let us summarize different before requests of this Court with regards to the obligations of attorney towards the Court and the Society being an individual from the lawful calling.

The part and status of legal advisors toward the start of Sovereign and Democratic India is accounted as to a great degree imperative in choosing that the Nation’s organization was to be represented by the Rule of Law. They were considered educated people among the elites of the nation and social activists among the discouraged. These incorporate the names of universe of legal counselors like Mahatma Gandhi, Motilal Nehru, Jawaharlal Nehru, Bhulabhai Desai, C. Rajagopalachari, Dr. Rajendra Prasad and Dr. B.R. Ambedkar, to give some examples. The part of attorneys in the encircling of the Constitution needs no extraordinary specify. In a calling with such a clear history it is remorseful, without a doubt, to witness cases of the idea of the present kind. Legal advisors are the officers of the Court in the organization of equity.

Segment I of Chapter-II, Part VI titled “Measures of Professional Conduct and Etiquette” of the Bar Council of India Rules indicates the obligations of a promoter towards the Court which peruses as under:

A supporter should, amid the introduction of his case and keeping in mind that generally acting under the watchful eye of a court, maintain poise and sense of pride. He might not be servile and at whatever point there is legitimate ground for genuine grumbling against a legal officer, it should be his privilege and obligation to present his grievance to appropriate specialists.

A promoter should keep up towards the courts an aware state of mind, remembering that the poise of the legal office is fundamental for the survival of a free group.

A supporter should not impact the choice of a court by any illicit or disgraceful means. Private interchanges with a judge identifying with a pending case are prohibited.

Anyone charged with a crime deserves the best possible outcome. This does not mean the best outcome his attorney can get him but it means the best possible outcome for him, the accused. Do not let your attorney talk you into a plea deal unless and until the attorney has exhausted all other avenues to get the best possible outcome for you.

After, and only after, thorough examination of the evidence and interviews with all witnesses, can a good lawyer determine the best course of action. Negotiations for a plea bargain should NEVER be the first option. However, a plea bargain sometimes is the best option and should NEVER be totally disregarded in lieu of trial or entering a guilty plea.

When someone is facing criminal prosecution with the possibility of jail time, he is under a great deal of stress. Much is at stake besides loss of freedom including significant financial loss, loss of reputation, and difficulties in future employment among other probable consequences. Entering into a plea bargain means you, as the accused, are willing to accept a guilty plea which will have a negative effect on your record.

When the evidence in the case is strongly against the accused and the witnesses are likely to appear and testify at trial, it sometimes benefits the accused to accept a plea bargain as the penalties are almost always less than what would likely be handed out by the Judge at sentencing after being found guilty by a jury.

Occasionally, even an accused completely innocent of the charges, can benefit from a plea bargain because the consequences seem more favorable. The accused reasons that it is better to accept probation rather than risk losing at trial which will result in a jail sentence.

Of course, it is rare an innocent person pleads guilty so as not to face the potential jail time from losing at trial, but it does happen.

In short, the benefit for an accused to enter into a plea bargain agreement is to lessen his penalty for the alleged offense. Probation is common for first offenders in a plea bargain whereas that same accused in the same case would be sentenced to jail if he goes to trial and loses.

Lastly, it can not be stressed enough that negotiations for a plea agreement should not be the first option. The attorney should at least examine the evidence and talk with witnesses, including the arresting police officers. This will allow the attorney to clearly see possible defenses, weaknesses in both your case and the government’s case. Then and only then can he best decide your course of action – trial or plea negotiations.

Not all grand juries are gullible, but most all can be misled to some degree, especially when these citizens have very little experience or knowledge of the subject matter, or context. Perhaps, this is what happens when grand juries call for indictments such a large percentage of the time when Federal Prosecutors come to them to seek such. Let’s discuss this a little, shall we?

There was an interesting YouTube Video by the “Fan Dick Morris Channel” titled: “Blockbuster! New Judge May Dismiss A Plea Bargain,” which was published on February 21, 2018. In the show notes it points to an opinion article by Dick Morris posted online in the Western Sates Journal titled: “Dick Morris: A Conviction Could Be Thrown Out,” also on February 21, 2018. The article states:

“The U.S. District Judge ordered prosecution to present any ‘Brady’ material (exculpatory evidence) in its possession to the court. He particularly wanted any Brady material that the prosecution had in its possession during the negotiations that led to a guilty plea. What makes this order unusual is that it comes after the individual pleaded guilty and, in the plea agreement, agreed to forgo any further discovery of new evidence. Now the judge’s order overrides the plea and orders evidence to be presented anyway.”

How can this happen? How can we trust Federal Prosecutors? Is there really justice in America?

My view is this, nearly all Federal Prosecutors mislead on sealed indictment hearings – either in their paperwork or in the case of a grand jury – to the grand jury, very seldom are they ever taken to task for this. It’s so easy to lie in notes, or pull a fast one in paperwork, and all too common. The private sector is just as bad as litigation attorneys do little creative writing projects to make whomever they are suing look like the devil re-incarnated in the lawsuit and court filings.

Still, when it comes to Federal Prosecutors we should expect, no we should demand more. You see, in the United States, when it comes to the Federal Government, there is no such thing as justice, it’s only an illusion of justice. That is sad, and I am sadden to say it, but I believe it to be the truth from observation and experience, studies, it’s really too bad. We talk a good game about justice in America, but we often fail to perform up to our purported standards. The closer we move towards real justice the better we will be as a country, society and civilization, and as they say in the media; that’s my opening.

The cost of criminal expungement in Indiana differs. It all depends on the severity of the conviction, the number of convictions, the location of the convictions, the age of the convictions, and court costs. Fortunately, there are law firms that do not charge a fee for your first consultation. This means you have nothing to lose and only knowledge to gain regarding your eligibility for criminal expungement, if you find the right law firm. Continue reading to learn what you need to know about criminal record expungement, including the average cost, the importance of finding a flat rate fee, and more.

What Can Be Sealed From Your Record

Misdemeanors, class D felonies, arrest records, and more can all potentially be eliminated from a person’s criminal history. However, every case is different. The cost of a comprehensive criminal record expungement depends on the severity of the conviction, the number of convictions, the location of the convictions, the age of the convictions and court cost. For instance, a single drunk driving conviction is relatively inexpensive to expunge; by contrast, several more serious convictions in numerous counties require considerably more skill and time to successfully remove from your record.

Always Hire an Attorney for Help With Your Petition

This is why it is important to consult a criminal defense attorney who specializes in criminal record expungement legal services. They can accurately determine whether or not you qualify for expungement. Furthermore, the process of expungement is quite complex and confusing. A licensed attorney can push your paperwork through for you so that there is no possibility for clerical error or missed deadlines. If you were to file incorrectly, even just misspelling your address, can have your petition denied forever. In fact, one of the rules to expunging a criminal record is that a person can only file ONCE IN A LIFETIME. A licensed criminal defense attorney can help you with every aspect of filing, paperwork, deadlines, and more, and ensure your petition is managed correctly.

Choose a Law Firm That Offers a Flat Fee

After consulting with you, in person or by telephone, a qualified legal team may be able to customize a flat fee structure and even a payment plan that suits your budget and financial needs. Keep in mind that there are several criminal defense law firms to choose from, and many do not offer flat rate fees for help with the record expungement petition process. Be sure to do your research and find a law firm that can offer you these amenities and more.

Your criminal history can have a significant impact in that it affects the ability to get a job, a loan, security check, and many other pertinent things. Once a person gets arrested and or convicted of a crime, a criminal history is recorded and usually stays on your record in perpetuity. A criminal history record is made up of two parts, the first part is the record of arrests and the second part is the record of convictions. A conviction record is made when an accused either pleads guilty or is found guilty by a jury at trial.

The record of arrest remains even if your case is dismissed. However, a record of arrest and a record of conviction can be removed from the public record by Order of Expungement. To gain an Order of Expungement, one must file an Application for Expungement that consists of several forms and attachments, including the booking information and court recordings of the proceedings, called minutes.

As a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) is considered a criminal offense, an arrest and or conviction for DUI/DWI remains on a person’s record indefinitely unless the record is expunged. The expungement is not a complete eradication of the arrest/conviction; however, as a record of a DUI/DWI conviction will remain on the police record and is not removed, even if an Order of Expungement is obtained. The Order of Expungement serves to hide the criminal history record from the public view.

Obtaining an Order of Expungement is not an easy process nor is it granted easily. It is not unusual for the Order to be signed a year or more after the initial application filing. The cost of a Petition for Expungement is expensive, around $600 or more plus attorneys fees, and can be denied if any agency decides against granting the expungement.

For the purposes of enhancement, in Louisiana any subsequent DUI/DWI is enhanced to increase penalties. For example, a second offense DUI/DWI is still a misdemeanor but it requires mandatory jail time by law plus the fine is significantly increased. A conviction of a third offense DUI/DWI is a felony and carries a mandatory jail time up to 20 years plus a much greater fine.

After 10 years from the first conviction, even though the record remains, a conviction of DUI/DWI will again be prosecuted as a first offense.

Arraignment is a very short court proceeding wherein the accused is read the formal charges against him and then is asked to enter a plea. The three plea options are Guilty, Not Guilty and Not Guilty, Not Guilty By Reason of Insanity. The arraignment hearing will generally last no more than a few minutes. At arraignment no argument are heard, no witnesses and no evidence are presented to the court.

If the accused pleads Guilty, the judge will likely question the accused to be sure the accused is fully aware of the consequences of his plea and most times, representative counsel is also questioned to ensure the accused has been advised of his options. Obviously, a Guilty plea is not very common; although, it occurs occasionally.

The most common plea is for the accused to declare Not Guilty. The court will then advise the accused and his representative counsel the time period allowed to file pretrial motions. In Louisiana, the accused is allowed 15 days to file the motions. Once the clerk of court receives the motions, they are forwarded to the parties listed for service on the bottom of the documents. This is almost always the District Attorney’s Office and sometimes other parties, depending on the motion.

The Judge receives the motion and he will then sign the order which sets a date for the contradictory hearing. In most cases all motions filed at the same time are set for the same date and time for arguments.

Argument is a loose term and is used because the hearings are adversarial, but no screaming back and forth actually occurs. Argument means the parties present their side and offer legislative law or case law to support their position.

The mover (party filing the motion) in most every instance bears the responsibility of presenting his issue and should cite authority to support his argument. The authority can be a law enacted by the legislature – generally called a Statute – or a case precedent – that is a case with the same issue that was ruled on by a higher court such as a Court of Appeal and or the Supreme Court.

The opposing party follows with an argument of his own that supports his position and is backed up a Statute and or Case law. Naturally, the higher the court the more persuasive the authority is and if the ruling is from a higher court from the same jurisdiction the case law becomes more authoritative than case law from an outside jurisdiction.

The arraignment is just the first step on the road litigating your case. Pretrial hearings follow and then pre-trial conferences and finally a trial.