JCOHS Lawyers and Attorneys

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:

When we mention crime, even white-collar crime, insurance fraud is not what immediately comes to mind. Yet, insurance fraud has lately become one of the front-runners among the most often prosecuted white-collar crimes in New Jersey.

In fact, New Jersey has the toughest criminal insurance fraud statutes in the country. The Health Care Claims Fraud statute, N.J.S.A. 21-4.3 and the Insurance Fraud statute, N.J.S.A. 2C:21-4.6, make many acts of insurance fraud second-degree crimes. For starters, a second-degree crime in New Jersey carries with it a prison term of up to ten years and fines of up to $150,000.

The vast majority of insurance fraud cases in New Jersey are investigated and prosecuted by the Office of Insurance Fraud Prosecutor (OIFP) and these cases involve all thinkable areas of insurance fraud, including health, life, disability, auto, homeowners’ or commercial insurance coverages.

According the 2007 OIFP report, there was “a 10% increase in criminal sentences over last year’s figure and sent defendants to prison for a combined total of 147 years”. The report exemplifies the wide array of individuals who found themselves in trouble for insurance fraud: ” In 2007, OIFP recorded OIFP won convictions of four former police officers, two of whom will serve a total of 12 years in State prison. Four licensed health care providers received State prison sentences totaling 12 years. A licensed insurance agent was sentenced to a five-year State prison term. An auto body shop owner and his accomplice were sent to State prison for a total of nine years. The sentences imposed on several members of vehicle theft rings totaled 77 years in State prison, over $1.8 million in restitution, and $9,500 in civil insurance fraud fines”. The list goes on.

So, what is “insurance fraud” made of? One large area of Insurance fraud in New Jersey is Automobile Insurance Fraud. The most popular crime here is auto theft and “give up schemes”, where the owner or lessee of a car abandons the car or gives it up to a someone who agrees to dispose of the car. Next come staged accidents and fraudulent Personal Injury Protection Claims and criminal use of “runners”. These types of cases normally involve organized rings of “runners”, medical providers, and lawyers. Vehicle Insurance policies in New Jersey provide medical benefits for persons injured in car accidents as part of Personal Injury Protection (PIP) coverage. PIP insurance typically covers diagnostic testing and treatment for persons injured in automobile accidents. In many cases, uninjured passengers involved in accidents are contacted by “runners” who convince them to file claims for “soft tissue” injuries, such as “whiplash”. Such injuries are not easily verifiable by x-rays and MRI. In the end, “runners” receive their illegal commissions, medical and chiropractic mills provide unnecessary medical services, including fake diagnostic and treatment, for which they bill, and lawyers file unwarranted lawsuits.

Other case involving New Jersey Automobile Insurance Fraud are selling and buying fake insurance ID cards and insurance agent fraud where licensed agents steal insurance premiums or are engaged in fraudulent premium financing schemes.

Another large area that pays bills for New Jersey insurance fraud criminal defense attorneys is Health Care insurance fraud. Most such cases involve submitting fraudulent claims for payment for health care services that were never provided and received. The most often targeted individuals here are New Jersey doctors, dentists, chiropractors, nurses, physical therapists, pharmacists, and social workers.



The most widely used tool in New Jersey heal care insurance fraud prosecutions is the Health Care Claims Fraud status, N.J.S.A. 2C:21-4.3 that makes it a crime for any health care provider just to submit a false claim to insurance companies, no matter what the amount is. A non-provider only needs to submit a false claim for $1,000 to have committed a second-degree crime. Other criminal charges used in prosecutions of New Jersey health care insurance fraud cases are usually charges of theft, conspiracy, and falsifying records.

Another area of New Jersey insurance fraud is life and disability insurance fraud, both governed by the Insurance Fraud Statute, N.J.S.A. 2C:21-4.6. Life insurance fraud offense is submitting a claim that falsely represents death of a claimant or otherwise misrepresenting important facts concerning the claim. Disability fraud involves faking a non-existing condition in order to receive benefits or knowingly failing to disclose new income.

Probably the largest single area of New Jersey Insurance Fraud is Medicaid fraud, which is investigated and prosecuted by the OIFP’s Medicaid Fraud Section. New Jersey Medicaid Fraud can be committed by any health care provider that participates in the Medicaid program. New Jersey physicians, dentists, clinics, chiropractors, pharmacists, laboratories, nursing homes, etc. are routinely prosecuted for New Jersey Medicaid fraud.

The basic New Jersey Medicaid fraud crime involves billing the Medicaid program for services that were never provided or might not be provided by the billing provider, or when the amount billed exceeds the costs of services performed (over billing). Other Medicaid fraud charges in New Jersey may be associated with charges of patient abuse and criminal neglect.

Another related New Jersey Medicaid fraud area is Medicaid prescription and drug diversion fraud. This involves pharmacies billing Medicaid for drugs that were not actually dispensed. Doctors, who sometimes form “partnerships” with pharmacies to engage in this fraud, are understandably find themselves in deep trouble as well.

Home health care fraud is the last largely prosecuted New Jersey Medicaid fraud crime. Medicaid pays for personal care provided for eligible beneficiaries by certified home care assistants, aides, and nurses, all of whom must be certified and licensed by the State to participate in the program. Criminal activities in this are involve billing for services that were not provided, employing non-certified providers, and lying in the certification process.

New Jersey insurance fraud is a wide area and persons facing any of the insurance fraud charges should seek legal counsel as soon as they discover that they are under investigation. A consultation with a competent New Jersey fraud defense attorney is absolutely indispensable.



By: Joseph Potashnik

About the Author:

Do you fear that you may be charged for a crime?  If you do, it is urgent that you hire a Kansas City criminal defense attorney at your earliest convenience.  Do not give statements or speak to anyone until you do so.  How do you determine if you do need a lawyer?

To be truthful, everyone needs an attorney.  Why?  When a person breaks the law, there are plenty of people to judge you – prosecutors, police, and judges.  What happens if a member of the government breaks the law?  This actually does happen.  Illegal search or unlawful arrest are just two examples of instances where government often violates the law.  This is why you may need a Kansas City criminal defense lawyer, even if you feel that you did nothing wrong.

You may wonder what a criminal defense attorney actually does.  Most people believe they simply defend their clients, but there is much more to it than that.  A reputable lawyer will force the government to provide burden of proof in order to justify their actions.  They will also make sure that the police or any law enforcement agency have not violated the law in their haste to prove that you are guilty.

Naturally, there are people who are guilty and those who aren’t that get accused of crimes.  Sometimes, it is as simple as a member of law enforcement making an error, and arresting the wrong person.  There have been instances when people have been “set up” in order for the real criminal to be protected.  These are all times when you need a Kansas City criminal defense attorney immediately.  

There are other scenarios to consider.  What if you are charged with DUI?  Does this mean you are automatically guilty, even if you were drinking?  Not necessarily.  Sometimes when you are tested for blood content alcohol levels, the machine doesn’t work correctly.  Even if it does, convincing the jury that these tests aren’t always accurate can be enough to get the charges dropped.

Self defense is another area where the use of a Kansas City criminal defense lawyer is needed.  If you have injured or even killed someone in self defense, you need an attorney to gather all of the facts and information on your case.  These lawyers are experienced and knowledgeable, and will examine every aspect of the case to prove beyond a reasonable doubt that your actions were purely to protect yourself or your family.

If you have been arrested or feel that an arrest is pending, do not delay.  Anything you say can be used against you, and you need the advice and help of an expert.  It’s your freedom that is at stake, so make sure you find the best Kansas City criminal defense attorney available to protect your rights and your freedom.



By: Joel Mclaughlin

About the Author:

Criminal defense lawyers are experts specialized in handling criminal cases of different ranges. Criminal defense lawyers are lawyers whose profession is based on providing essential services to the people who are considered as accuse or criminal under the court of law. The basic purpose of hindering the service of the criminal defense lawyer is that, the criminal defense lawyer will argue the points with regards to various laws and sections created to serve the people against the criminal cases. Criminal lawyers are categorized under different sections and classifications.

people when arrested for any of their criminal actions such as murder, rape, theft, sex crimes, domestic violence, kidnapping, hit and run and many other criminal cases, they will be proceeded under the court of law. Under such case, the criminal defense lawyer will argue for the criminal and provides them services. Criminal lawyers provide more essential services to the people around the world. Criminal defense lawyers are considered to be more important and essential and also fetch more demand among the people.

Nowadays, criminal defense lawyers are required in more number, because the crimes have been increased in large number. The price consideration paid for each criminal defense lawyers will vary as per the popularity and fame and successfulness created for the person. Criminal defense lawyers offers the service to the public for a reasonable price consideration to enable them not be offended by the court without any wrong doings. There are cases were people may be arrested in the court of law for non-performing of wrongful act.

In such cases, the criminal defense lawyers will provides service to the people by attending the case for them in the court and makes argument and enable the people to come out from the case. Today, criminal defense lawyers are required for each and every activity performed by people. Criminal lawyer is someone different from other professionals. Criminal lawyers are one who is specialized in analyzing, inspecting and examining the criminal cases undertaken by him. Criminal lawyer may argue for either the plaintiff or for the defendant.

As per the lawyer interest and request of the people, criminal lawyers precede his functionality in the court of law. The features of each criminal lawyer differ from individual to individual as per their state and county. Criminal lawyers come up with wide responsibility. The involvement of criminal defense lawyer may provide positive or negative result for the criminal case taken. Criminal defense lawyers provide their service either in individuals or in groups or team. The argument of each criminal lawyer may differ as per their statutes and laws of the state court.



By: Ron Victor

About the Author:

If you’re in trouble with the law, your knee-jerk inclination might be to hire the first criminal defense lawyer you can find in a telephone book. Depending on the severity of the crime and your personal background, the need to find a lawyer and do it fast could absolutely be present. But, going with just anyone is not the best way to hire a criminal defense lawyer. It’s important to make sure you hire someone who is not only competent, but also a person you can and will work with.

A good defense lawyer will want your case to be handled as a team effort. He or she will need to rely on input from you as much as possible. He or she will also need to be able to develop a good rapport with you to ensure the case is handled in the best possible manner to obtain a good or at least fair outcome. Inasmuch, it’s vital that you and your lawyer have not only an ability to talk with each other, but also trust each other on a basic level. This will be particularly vital not only if you’re innocent of the charges, but maybe even more so if you’re guilty.

Considering the importance of a working relationship with a criminal defense lawyer, it’s very important to make sure there’s at least a face-to-face meeting before you hire the person. What you’ll be able to find out if you do a personal interview is a whole lot. Within the first meeting with a lawyer, you should be able to:

See if the person has the kind of personality you can work with. This will be vital, because if you don’t trust them, you might hold back on information that could be very important to your case. Has good communication skills. You have to feel like you, too, can trust the person. If you don’t, you won’t get the best possible criminal defense lawyer for your case even if it’s the best lawyer in the state. Has a good track record with similar cases. This, too, is very important for ensuring a good defense. A criminal defense lawyer should be versed in the kind of case that you’re facing. A homicide expert might not be the lawyer to bring in to defend a robbery or DUI. Has trial experience if you think the case will go that far. Trust you. This, too, is important. If you get the feeling the criminal defense lawyer doesn’t trust you, it could be very difficult for the person to give you a solid defense even if he or she really tries. When their heart isn’t in it, it’s your future that could be on the line.

While it’s impossible to tell everything about a potential criminal defense lawyer in a single meeting, you should be able to at least get a decent sense of what the person is about. If you feel comfortable and confident in the person, you’re on the right track. If you don’t, be wary.



By: Tom Sample

About the Author: