JCOHS Lawyers and Attorneys

Every day at least one potential client asks me, \”What can you do for me?\”  It is natural enough.  A person has been charged with a crime; they are concerned about their future; and they are confronted with the expensive prospect of hiring a lawyer to defend them against the charges.  Before they make that expenditure they want to know what they are getting for their money.  Usually when we spend money we get something tangible in return.  Unfortunately, hiring a lawyer is different.

A lawyer cannot ethically tell a client how the case is going to turn out based on an initial consultation.  Before the lawyer can even give an opinion the lawyer has to review the evidence and communicate with the prosecutor.  If the lawyer could promise a certain result the implication would be that justice is for sale.  In other words, the lawyer would be suggesting that if the client just pays a certain fee than the opinions of the prosecutor, judges and alleged victims are irrelevant.   Although there are many problems with the justice system in America, fortunately it is not simply for sale.

To be sure, a lawyer can say things like, \”Assuming everything you say is true, based on my experience this is probably what is going to happen.\”  However, potential clients should be wary of statements like this.  Everyone is biased towards themselves, and all the more so when the stakes are high.  Few clients, whether they be guilty or not, relate the facts of the case in the same way as the alleged victim does.  As a result often neither the prosecutor nor the court will end up accepting the potential client\’s version of events as the whole truth.  Yet the worried potential client wants assurance that things are going to turn out o.k., and that his or her version of events will be accepted by either the prosecutor or the court.  So most often, when a lawyer says, \”assuming everything you say is true, this or that will happen,\” the client hears, \”if you hire me, then the result will be this or that.\”

Well, if one should not hire a lawyer based on a predicted result, on what basis should the client hire a criminal defense lawyer?  First, qualifications such as experience; board certification; Super Lawyer ranking; Martindale-Hubbell AV ranking; quality of legal education, etc.  Also, you should meet with your potential lawyer and base your decision on personal rapport.  Ask yourself does this lawyer seem honest, ethical and competent?  Is this the kind of person I want to stand up in court on my behalf and credibly represent my interests?  These are the questions one should ask themselves rather than what is this person promising to do for me.



By: Clint Broden

About the Author:

I have always loved to read. I am fascinated by words. What they mean and how they can affect people. Words have power.

 

In the world of New York DWI defense words like standardized, validated, reliable, accurate, coherent, calibrated, impaired, intoxicated, reasonable, and fair all have a specific meaning within a specific context. You can never fully understand a word without context. That is why even at spelling bees the participants are given the word within a sentence.

 

Definitions of terms (words) lead us to judging a set of facts and seeing if they fall within an agreed set of conditions. We all saw this take place when former President Clinton was cross examined as to his relationship with Monica Lewinsky. Before answering the questions pertaining to the word sex, the President wanted an agreed upon definition for the term. Can you please define “sex”? Can you please define the word “the”?

 

In the Jones deposition on January 17, 1998, the President denied having had “a sexual affair,” “sexual relations,” or “a sexual relationship” with Ms. Lewinsky.

 

Then testifying before the grand jury on August 17, 1998, seven months after his Jones deposition, the President acknowledged “inappropriate intimate contact” with Ms. Lewinsky.

 

As to his denial in the Jones deposition that he and Ms. Lewinsky had had a “sexual relationship,” the President maintained that there can be no sexual relationship without sexual intercourse, regardless of what other sexual activities may transpire. He stated that “most ordinary Americans” would embrace this distinction.

 

The President acknowledged that [A] person engages in “sexual relations” when the person knowingly engages in or causes — (1) contact with the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to arouse or gratify the sexual desire of any person . . . . “Contact” means intentional touching, either directly or through clothing.

 

According to what the President testified was his understanding, this definition “covers contact by the person being deposed with the enumerated areas, if the contact is done with an intent to arouse or gratify,” but it does not cover oral sex performed on the person being deposed.

 

In the President’s view(and understanding), “any person, reasonable person” would recognize that oral sex performed on the deponent falls outside the definition because Ms. Lewinsky performed oral sex on the President, then — under this interpretation — she engaged in sexual relations but he did not.

 

I wish I could get away with using this logic on my wife. I can see the conversation now, but honey … it’s not sex if only she’s (my new girlfriend) performing and I am not (technically). So what has defining sex (in this way) have to do with defining Intoxication and New York DWIs.

 

Well first we have all agree upon a NYS legal definition of INTOXICATION. The charge of VTL 1192 (3) is “common law” DWI, and the term intoxication is a specific term of art.

 

People v. Cruz is the primary New York case to look to when defining the term intoxication.

The NYS legislature has never included a definition of intoxication in the drunk driving statutes but the Cruz case gives us an applicable standard:

 

“the standard for determining intoxication is constant; that is, whether the individual’s consumption rendered him incapable of employing the physical and mental abilities needed to, for instance, form a specific intent, understand the nature and effect of a contract, or to testify truthfully and accurately”

People v. Cruz, 399 N.E.2d 513 (1979). This was somewhat vague so the Court stated further:

 

“In sum, intoxication is a … degree of impairment which is rendered when the driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.”

 

So there you have it, sometimes sex and intoxication only occur if we can all agree upon their meanings. In a legal setting the lack of objective standards to determine whether a person is intoxicated has led to the “per se” DWI offenses. In future articles, I will discuss VTL 1192 (2), DWI “per se” which means you are DWI when you have a BAC of .08 or higher.



By: DWI Defense Lawyer Larry Newman

About the Author:

If you are in the unfortunate position of being charged with a criminal offense, it is essential that you retain good criminal defense lawyers immediately to preserve your rights. There are many factors that go into a criminal charge, and your defense law firm will have specialist attorneys and staff that are experienced and who can dig deep into any factor that is part of your case.

Criminal charges may be brought against a person for many reasons, from DWI/DUI traffic violations, drug offenses, white collar crimes, and personal injury cases such as assault, theft, or sex crimes. These crimes can involve incarceration and felony charges, and you would need an aggressive defense to reduce or eliminate them on your behalf.

Criminal defense lawyers know the US and Minnesota laws pertaining to these serious charges and can help you. If violence is involved, or threat of violence, or even a hint to cause harm, you could find yourself locked behind bars for years. Criminal charges can be brought for crimes against a person, or a business, or for theft from a person or business. Larceny, robbery, and burglary penalties can vary according to the value of items involved. An aggressive defense is required to defend yourself against unfair charges and extreme sentences.

Much has been in the news lately about white collar crimes, and the damages caused by internal sabotage, insider trading, fraud, computer crimes and embezzlement. What a person may think only hurts a business can actually harm many more humans in the process. A trial for these matters also demands an aggressive defense against harsh sentences.

For drug offenses, unlawful possession, sale, or use of banned substances can result in jail time. Growing, manufacturing, or making narcotics will have similar penalties. These crimes can put you away for decades, as they are serious offenses. Each case is different, but your experienced group of criminal defense lawyers can sort out the details to help you in court and on appeals.

A crime that will restrict your freedom is serious, and having a team of attorneys who will pursue every avenue of knowledge in such matters is exactly what you need when you appear in court to answer the charges against you. A team that knows and has successfully handled appeals on criminal charges may be able to help you. They are aware of court procedures and restrictions and deadlines involved that must be followed to the letter.

You cannot defend yourself against criminal charges. There is an old saying that the person who defends himself has a fool for a lawyer. Do not lose your freedom or rights because you hesitated in contacting criminal defense lawyers. The time to bring in your defense team is immediately, at your first available call. They will go the extra mile for you, no matter how difficult the trial, or the defense seems to be.

When the chips are down, and you stand alone in the courtroom to face criminal charges, you want to know that you have presented the best defense case possible. Your criminal defense lawyers can give you the best chance possible when you are faced with a criminal offense.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.



By: George Kline

About the Author:

I have learned a great deal from many older mentors over the course of the years. My father died the day after my 17th birthday so naturally I have had many other father figures since that time. One of my closest and dearest friends, an excellent trial attorney in Pennsylvania, named E.J. Carreiro taught me to always begin with the end in mind. As a lawyer that means begin your case by looking at what needs to be proven. For a negligence case that means: duty, breach of duty, proximate cause (relationship between duty and the breach), and damages.

For New York DWI cases the government has the burden of going forward, the government has to prove their case beyond a reasonable doubt, and the government has to overcome the presumption of innocence.

Looking at the New York DWI Jury Instructions (the Judge instructs the jury with specific directions) for the per se charge (.08BAC or higher) VTL 1192 (2) states: Under our law, evidence that the defendant operated a motor vehicle, and that thereafter the defendant had .08 of one per centum or more by weight of alcohol in his or her blood permits, but does not require, the inference that, at the time of operation of the motor vehicle, the defendant had .08 of one per centum or more by weight of alcohol in his or her blood.

In deciding whether to draw that inference (a likely conclusion drawn from the facts) you may consider the results of any test given to determine the alcohol content of the defendant’s blood. In this case, the device (it is a machine) used to measure blood alcohol content was a Datamaster DMT (usually). That device is generally accepted instrument (machine) for determining blood alcohol content. Thus, the People are not required to offer expert scientific testimony to establish the validity of the principles upon which the device (machine) is based.

NOW COMES THE GOOD PART: In considering the results of any test given to determine the alcohol content of defendant’s blood you MUST consider:

1. the qualifications and reliability of the person who gave the test;

2. the lapse of time between the operation of the motor vehicle and the giving of the test;

3. Whether the device (machine) was in good working order at the time the test was administered;

4. Whether the test was properly given.

Note: We can always argue all the problems inherent with breath testing (an indirect measurement of blood alcohol), and all the problems with the machine. …

Nevertheless, in evaluating the evidence offered to prove that the defendant did operate a motor vehicle while having a blood alcohol content of .08 or higher,

the jury MAY also consider, in addition to evidence of the results of the chemical test and the circumstances under it was administered,

ANY evidence that, at times relevant to this charge, the defendant exhibited, or did not exhibit, signs of alcohol consumption. Thus you MAY consider evidence of:

1. the defendant’s physical condition and appearance,

2. balance and coordination,

3. manner of speech,

4. the presence or absence of an odor of alcohol,

5. the manner in which the defendant operated the motor vehicle (driving),

6. opinion testimony regarding defendant’s sobriety,

7. the circumstances surrounding any accident.

The key of course with attacking the per se 1192 charge is going after the machine, it is not an instrument, not a device, it it “La Machina” and as such needs to be treated as such. It is not forensically reliable or accurate by any scientific standards or measure.

Bringing this information (in simple terms) to the eyes and minds of the jury takes it off it’s pedestal. It is no more reliable than my vista software, my microwave, my vacuum cleaner, or my car on any given day. Accept those machines do not threaten me with jail, fines, probation, and alcohol treatment. –



By: DWI Defense Lawyer Larry Newman

About the Author:

Question #1: How much experience do you have specifically in the field of criminal law?

Some lawyers accept just about any case that comes their way, and then they find another attorney to handle it in return for some of the money recovered. You’ll get better results with an attorney whose only focus is on criminal law.

A criminal lawyer with extensive experience will understand how to aggressively represent you in and out of state and federal court rooms. In addition, you’ll likely get an accurate estimate for the length of your case and its strong and weak points.

Question #2: What are your qualifications?

You’ll want to find a criminal law lawyer who is licensed to practice before state and federal courts within your state, as well as the United States Court of Appeals and the U.S. Supreme Court.

Question #3: What professional associations do you belong to?

Involvement with professional associations helps demonstrate a lawyer’s commitment to the legal system. Some favorable associations include the National Association of Criminal Defense Lawyers, American Bar Association and Association of Trial Lawyers of America. Also, look for attorneys who are members of the trial lawyers and bar associations from your state.

You may also want to seek out lawyers who are members of the Million Dollar Advocate Forum, an organization whose membership is limited to attorneys who have obtained settlements or judgments of $1 million or more.

Question #4: Will you handle my case or will you assign the case to an assistant?

Some law firms use senior lawyers to bring in cases and then assign the cases to assistants. You want an experienced criminal law lawyer handling your case.

Question #5: What are the fees for using your services?

Your attorney should be upfront about the merits of your case and fee. During your initial consultation, you should find out what your case will cost. A flat fee agreement will ensure there are no hidden charges.

Question #6: (Ask yourself this final question.): Do you trust the lawyer?

Find out what reputation your lawyer has with clients and the legal community. In addition, make sure your lawyer takes significant time to listen to you carefully, take notes and read your file thoroughly. Let your lawyer show you that he truly cares about the outcome of your case.

Resource Box

 

Frederick D. Paoletti, Jr. is the founding principal of Paoletti & Gusmano Attorneys at Law, a criminal defense and personal injury firm located in Bridgeport, Connecticut. For more articles related to protecting yourself during personal injury and criminal situations, please visit http://www.paolettilaw.net.

 



By: Frederick D. Paoletti, Jr.

About the Author:

How shameful it feels to be convicted of drinking under the influence of alcohol! However, an online DUI lawyer can save your face! You need not get dejected on being caught with a few ounces more alcohol than permissible on the machine test results. There are many tactics available with a DUI lawyer that can bring you out of court in no time.

Only Experienced; No Other

But before you say “yes” to an online DUI lawyer, it’s important that you meet him or her first to see whether he or she is the right person for your case. Go for an experienced lawyer. You already are suffering due to your mistake; now you wouldn’t want to suffer more due to someone else’s mistake, probably an amateur’s. So, hire a DUI defense lawyer who knows what to do and how.

Don’t ever think you can get away with this charge and live life forgetting it later on. This charge is gonna stick to you till the last breath you take. The only way to get rid of it is to hire an online DUI lawyer. He will use some of the defenses such as certain medical conditions in which the machine for breath tests gives wrong results.

If you are suffering from teeth problems or a heartburn condition, you have obvious chances of escaping from this life-long taint. The only thing you need to do is make a few efforts of getting the best DUI lawyer for you. Such a lawyer knows every aspect of DUI law and can help you in every step of court proceeding.

It’s already wrong to mix drinking and driving. And the other wrong that people do is to not hire online DUI lawyer. Don’t be one of those people. If you want a successful career and a happy family, it’s best to cast away this charge from you.

Hire an online DUI lawyer and watch how he or she turns your fault into the fault of the machine!



By: Apurva Shree

About the Author:

Reducing murder to manslaughter is a task that presents itself in many murder cases. Depending on your state or jurisdiction you may be able to reduce murder to manslaughter by eliminating the element of “malice.” Classically, this is where the defendant acts by being provoked into a sudden quarrel or into a state of mind known as the “heat of passion.” The mental state of “heat of passion” is not just one emotion. It can be anger, jealously, or any other agitated state of mind in the normal range of human behavior.

If a person is intentionally killed but the defendant was provoked or was in the heat of passion due to some provocative circumstance of the alleged victim, the killing is said to be mitigated to voluntary manslaughter. The defendant cannot just set up his or her own standard of conduct. The situation causing the heat of passion must be such that a reasonable person under the circumstances would have been provoked to act out of passion rather than logic. The classic example given in law schools is where a person comes home unexpectedly and finds their spouse in bed with another person. This is the type of act that could cause any reasonable person to act out of passion and emotion rather than logic.

Usually these cases happen in times of great stress and emotion and a psychologist or psychiatrist should be employed to see if any factors of the mental state of the defendant or victim can be used to reduce the offense to manslaughter. How mental state factors can be used depend upon the laws of the jurisdiction in which the case is being tried.

If it can be shown that the killing was unintentional, but reckless, in some states the case can be reduced to involuntary manslaughter. Involuntary manslaughter carries a significantly lower penalty than voluntary manslaughter. Sometimes what looks like a murder, an intentional killing, is really an accident under extremely stressful circumstances. Note that in some states an unintentional killing, if extreme enough, can be murder. Generally that type of act must be more than recklessness. Typically, to make an unintentional act murder there must exist a callous disregard for human life. In some states those types of acts are called “depraved heart murders.”

As an example, a female was charged with murder when she stabbed her husband in the chest with a steak knife. They were in the kitchen making dinner and got into an argument. Because the knife hit a major artery near the heart, he died within minutes. The defendant told two different stories about what happened. She said it was an accident and she didn’t mean to kill him. She was prosecuted for murder and taken to trial.

The defense noticed that the location and angle of the wound seemed odd for an intentional stabbing. The blade went in at an angle rather than vertical. This didn’t seem consistent with how a person intentionally stabbing another would have stabbed. Also, the blade went right between the ribs in a soft area of cartilage. It seemed unlikely that a non professional could have known this vulnerability and hit it so precisely.

The defense retained a well-known pathologist who totally agreed and testified that all of the circumstances were consistent with an accident and inconsistent with patterns of known stabbings. A psychiatrist also testified to the woman’s exaggerated startle response because of beatings from a prior relationship. The defense theory was that she accidentally stabbed her boyfriend when he quickly advanced towards her in the argument. She over-reacted and, without consciously knowing it, thrust her knife hand forward. The knife went through the butter-soft cartilage and pierced the artery. The jury found her not guilty of murder and found her guilty of involuntary manslaughter. Had she not been under the influence of drugs, the jury might have found the act to be a pure accident and totally excused her.

To show that a killing is either voluntary manslaughter or involuntary manslaughter, a thorough investigation, analysis, and reconstruction is mandated. Even if the act was not the type that would justify reducing a murder to manslaughter, the fact that the defendant was in the heat of passion could eliminate premeditation and deliberation and reduce the degree of the murder.



By: William F. Nimmo

About the Author:

Anytime a person is named as a defendant in a lawsuit, civil or criminal, they will need the services of a defense lawyer during the life of the case. While it is possible for people to represent themselves, often this choice is unwise due to lack of knowledge and expertise regarding the law and court proceedings.

There are two types of defense lawyers: public and private. A public defense lawyer, appointed by a court, represents defendants who do not have the financial means to pay for a private defense lawyer, and does not charge any fees to the defendant. Private defense lawyers, personally selected by defendants, can charge fees ranging from reasonable to exorbitant, dependant upon the complexity and notoriety of a case.

When charged with the commitment of a crime, a person needs the representation of a defense attorney, in most instances. For offenses such as DUI, theft, property damage and violent crimes such as assault, rape or murder, a defense attorney is best able to prepare and present the defendant’s case in court.

While minor traffic violations such as speeding or improper passing do not generally require legal representation, serious offenses such as reckless operation or at fault accidents may require the experience of a defense lawyer, especially when a defendant wishes to fight the charges.

In the civil realm, defense attorneys represent defendants in civil suits for matters such as personal injury, home foreclosure, libel, slander, and other offenses that do not fall under the criminal umbrella. Criminal defendants sometimes face civil suits based upon that particular criminal offense.

Defendants acquitted of criminal charges can face civil complaints when plaintiffs seek financial restitution. While prison sentences are not handed down in civil court, the degree of proof needed to obtain a positive judgment for the prosecution goes from beyond a reasonable doubt to a 51% likelihood or preponderance that the defendant is responsible for the charges brought against them.

Defense lawyers make it possible to obtain a higher level of justice for anyone named as a defendant. They have the ability to deal with the complex requirements of the judicial system, and the knowledge to seek out all possible avenues leading toward a positive result for the defendants they represent.

When defendants choose to represent themselves, they will often miss key elements and fail to perform mandatory procedures, thus lessening their chances for acquittal. While general opinion of defense lawyers may be unfavorable, their services are crucial in order to maintain fair balance within the court system.



By: Martin Brinkmann

About the Author:

What is a criminal defense lawyer? He or she is a legal professional who organizes a case in order to represent a client who is accused of a crime.

These crimes include sex, drug and violent offenses which are things that are not approved by society as seen in this country’s laws.

The job now of the criminal defense lawyer is to fight for the client by defending the client in open court in a jury of their peers. In some cases, this person is successful when the jury gives a verdict of not guilty. Other times, the jury will say that the accused is guilty.

If the jury does not have a unanimous decision, the judge has no choice but to call for a retrial. Should there by a mistake made in the trial such as the selection of the jury, the judge will say that it is a mistrial and once again, both sides will have to start over and present their case.

There are instances where the criminal defense lawyer and the prosecutor don’t have to settle this matter in court. This may happen as both sides have an agreement and this is approved by the judge.

But how does this all happen? First, a crime has to be committed. Law enforcement authorities will then have to figure out what happen and if they have enough evidence, a suspect is arrested.

The person who is arrested has the right to remain silent during questioning until their lawyer is present. If the person cannot afford one, then a lawyer will be provided so even those who don’t have money will be properly represented.

The sixth amendment in the bill of rights state that anyone who is arrested has the right to a speedy trial and this has to be done where the crime was committed. After being arraigned, the criminal defense lawyer will now conduct an investigation by interviewing witnesses, reviewing police reports and any other evidence that is related to the case.

The suspect that is charged with the crime can only be convicted if the case presented by the district attorney’s office is very convincing. This means that a criminal defense lawyer can get a not guilty verdict by putting holes into the defense of the prosecution. When this happens, the client is freed. Should things go the other away, the criminal defense lawyer can make an appeal to the higher court regarding the lower court’s conviction.

Can anyone become a criminal defense lawyer? A lot of experts say no because unlike other specializations in the practice, some find it very intimidating especially when the client that you have to represent is actually guilty of the crime. But given that you are that person’s attorney, it is your duty to defend the accused to the best of your ability from start to finish.

Given that crime of all sorts and nature occur, some have set up their own law firms that specialize in criminal law. Most who graduate from law school work for the government and are often referred to as “public defenders.”

How much you earn as a criminal defense lawyer varies. This depends mainly who your client is because if you are  defending a millionaire, you can charge a lot for your legal fees while someone who doesn’t earn much will be able to only give how much is in their wallet.



By: Andri Irawan

About the Author:

“The Shack, The Hut, and The RAMs,” so what’s really in a name? Apparently alot. I can remember in the 70s (yes the 1970s) when Radio Shack had a battery club for kids. They would give you a free battery (any size) once a month when you showed them your Radio Shack Battery Card. I grew up with Radio Shack. I built my own radio, thought my 8 track was state of the art fidelity, and knew how to hook up my cars with equalizers, power amps, and speakers. As to The Hut, well I grew up in Brooklyn, eating Pizza Hut, and calling it “Pizza” was an insult to every Italian on the planet. We used to say that’s cardboard wit cheese.

What you name something definitely creates an image, an identity, and an emotion. Think of the words, the Defendant, versus the Accused, versus John. You can almost feel the charge on the words lessen as you go along. 

My profession gives me a keen interest in words, whether on paper or spoken. I have a deep respect not only for language but for communication. How you say something is just as important as what you say. Saying, “I love my wife” or “I lovvvve my wife” can mean two entirely different things. Am I sarcastic? Am I sincere? Am I being truthful? 

As a DWI trial lawyer, I first seek to humanize my client in the Courtroom. He has a name, a family, a job, and a place in this world. For people on a jury to see him or her “like” themselves they must be able to relate (empathy is powerful stuff) to them. As in the sense of “there but for the grace of God go I.” Could I be in his or her shoes right now? Jury Empathy is powerful stuff.

To the Government and their lawyer (yes the dreaded “government lawyer”), also known as the prosecutor, or to some not so kind, the persecutor, they seek to dehumanize people. Much easier to call someone a criminal, a crook, and find them guilty if they are seen as less than human. Therefore, they are not at all like you and need to be punished for their mistakes. Perceptions are really what we are after, much like The Shack and The Hut want to change the public’s perception. Who are these companies? Who are these people? They are nothing more or less than what we assign to them. 

In a DWI Trial the opinion of the arresting officer is the State’s evidence and proof. Do we agree with them when they say our client failed their tests? To me, The Field Sobriety Tests now become the Roadside Agility Maneuvers (the RAMs).

You can’t study for them. Afterall, how can you really call something a test if you don’t know what’s on it or how it is graded or if it is scored with “clues.” 

Words can hurt, words can heal, and sometimes words can even determine guilt or innocence.



By: DWI Defense Lawyer Larry Newman

About the Author: