Friday, January 29, 2016

Here are 11 important questions to ask your potential lawyer

How many years have you been representing persons accused of a crime?

This provides you with an understanding of the lawyer’s experience.
How many years have you specialized in criminal defense of serious charges?
A lawyer can be in practice for many years and not represent a criminal client. You want someone who has practical experience in criminal defenses, in obtaining reduced charges as well as court room experience.
What is your track record in having criminal charges dropped or reduced?
This is an important question since it would be preferable not to go to court and defend a criminal charge.
What percentage of your cases have gone to trial?
It is also very important that your lawyer has court experience if your case does make it to court.
How many criminal guilty and not guilty verdicts have you had?
A lawyer with an excellent “not guilty” verdict record does not mean they will win your case, but it does bode well if the lawyer has a track record with many positive outcomes.
How many criminal cases have you handled that are like mine?
Every situation is different, so it is possible and even likely the lawyer has not handled a case just like yours, but it is preferable if the lawyer has represented criminal cases that were similar to yours.
What are the key concerns you have with my situation?
It is important to know any concerns your lawyer may have before you hire them, so that you know what factors could affect the verdict and how they will approach your defense.
What do you think the outcome of my case will be?
An experienced criminal attorney will not be able to guarantee a specific outcome but they should have a perspective and experience they can draw from to give you an idea on what to expect.
Who in your office will be handling my case and how will you communicate with me?
You should know who from the lawyer’s team will be working on your case and what experience they have in preparing and defending criminal charges. You must also know who will be the primary point of contact and how often you should expect to interact directly with your lawyer.
What is the potential cost of my defense?
Undertaking a criminal defense in court can be expensive depending on the complexity of the case. The lawyer should provide you with a reasonable estimated cost given your circumstances. You should be leery of a lawyer who quotes you fees that seem too low. This is also why it is important to interview more than one lawyer.
As much as you need the criminal lawyer to be honest with you, you also need to be totally honest with the lawyer. Don’t be afraid to honestly answer questions asked by the attorney regarding the situation and circumstances leading up to and then after the arrest.  What you tell the lawyer is protected under attorney-client privilege, which means it can’t be used against you later in the trial.

Monday, January 18, 2016

What Are the Differences Among Theft, Burglary and Robbery?

In a courtroom, theft, burglary, and robbery are very different charges and carry different penalties.

Theft. Chapter 18 of the Arizona statutes defines theft as stealing property through various means. It includes fraud, depriving people of using their own property or obtaining services without paying for them. The severity of the crime depends on the propertys value. Stealing property valued at $1,000 or less is a misdemeanor. Of the five classes of felonies, the lowest property value is $1,000. The most serious felony theft is a second degree, with property valued at $25,000 or more, and it carries a penalty of three to 12 1/2 years of imprisonment.

Burglary. Chapter 15 describes burglary as an unlawful entry with intent to steal or commit a felony. Third-degree burglary involves entering a nonresidential structure or fenced commercial or residential yard, or breaking into a car. It is a class four felony. Second-degree burglary involves entering or remaining unlawfully in a residential structure, and it is a class three felony. First-degree burglary (the most serious) involves knowingly possessing explosives, a deadly weapon or a dangerous weapon during the commission of a burglary. When committed in a nonresidential structure or fenced commercial or residential yard, the first-degree burglary is a class three felony. When committed in a residential structure, it is a class two felony.

Robbery. Chapter 19 defines robbery as using threats or force against a person to coerce surrender or prevent the person from resisting when stealing property. Robbery is a class four felony. Aggravated robbery is robbery with the aid of one or more accomplices. It is a class three felony. Armed robbery is robbery using or threatening to use a deadly weapon or simulated deadly weapon. It is a class two felony.

Criminal defense attorneys can argue for reduced charges or different classifications of charges. Having an experienced law firm handle your case is vital for an effective defense.