Should you just plead guilty to your criminal charges?

Talk to a criminal defense attorney first. He will be in the best position to assess charges and evidence against you and tell you what to do. He may advise against it if he feels that there is strong possibility that he could get charges dropped or win the case in court. Even if you plead guilty, an attorney can negotiate a favorable plea bargain.

Should you just plead guilty to your criminal charges?

Are lawyer results guaranteed?

No. It will be a professional misconduct to guarantee a result to his clients. Model rules of professional conduct rule 7.1 strictly bars a lawyer from making a misleading communication and any guarantee of a particular outcome is clearly a misleading communication.

Are lawyer results guaranteed?

Sometimes the Best Defense is a great Offense!

If you are innocent, why do you need a lawyer?

Being innocent is one thing and proving your innocence in a court is another thing. If you are not a lawyer and not well-versed with legal provisions and technical requirements of the court, you could end up wrongly convicted despite being innocent.

Sometimes the Best Defense is a great Offense!

The Right to Evidence Disclosure in Criminal Discovery

a prisoner

When a person is accused of criminal charges, the justice system has procedures and protocols in place that govern the way in which the accused is determined to be guilty or not guilty. In addition, there is a rule that makes the person who has been formally accused of a crime entitled to disclosure of the evidence and information. This evidence or information is known as discovery and the defendant has the right to receive it before trial.

Types of Discovery

Discovery material may include police personnel records, medical records relating to injuries, any criminal records of witnesses, recordings of police interviews of victims, defendants or witnesses, and photographs of the alleged crime scene. A police report is typically the first item of discovery that a criminal defense attorney receives. It will contain the names of any victims and witnesses as well as their statements. It will also have observations from the police officers and other important information regarding the incident.

In addition, under the Constitution, the prosecution must disclose exculpatory evidence within its possession or control to the defense. Exculpatory evidence is evidence that tends to contradict the defendant’s guilt or supports a lesser punishment.

Defense attorneys submit a request asking for the aforementioned evidence. If the evidence is not handed over to the defense attorneys intentionally or unintentionally, it is a violation of the law.

An experienced criminal defense attorney will understand the complexities that come with a criminal case. If you or your loved one has been accused of a crime, hiring a criminal defense attorney will help you and your case.

Contact Our Experienced Criminal Defense Attorneys

If you or a loved one has been arrested and charged with a crime, speak to our experienced criminal defense lawyers as soon as possible. We have the extensive knowledge, experience and skills necessary for handling criminal cases. Our criminal defense lawyers will diligently work to protect your rights and fight on your behalf to avoid a serious conviction. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

Five Tips for Choosing the Right DUI Lawyer

If you or a loved one has been charged or arrested for DUI, your top priority should be finding an experienced attorney who will fight for you and your loved ones. However, choosing a DUI lawyer can be difficult with so many lawyers to choose from. Your choice can either make or break your case.

Here are five tips to help you navigate the myriad choices and help you choose the best DUI attorney for you:

Experience: Find an attorney who has experience in handling DUI cases and has worked in the jurisdiction where you were arrested. This will work to your benefit because he or she will fully understand DUI defensive tactics. In addition, they will understand the system better and may be acquainted with the judge and district attorney on your case.

Credentials and Accreditations: Choose an attorney who is qualified and has sufficient knowledge in the field. Ask for the lawyer’s credentials and accreditations. This information will demonstrate the caliber of the lawyer.

References: Select a lawyer who offers references. A top-notch attorney should have acquired several clients that are willing to tell you how their case went and how effectively the attorney participated in their case.

Avoiding Attorneys Who Have Been Disciplined: If the potential lawyer has been disciplined by the bar, move on to another choice. A disreputable attorney is the last thing you want.

Cost: Determine the attorney’s fee. While it is not advisable to choose a lawyer based on price alone, you will need to make sure you can cover all the expenses. Ask about it up front, along with any available payment plans.

If You Need an Experienced DUI Lawyer, Contact Us.

If you or a loved one has been arrested and charged with a DUI, speak to our experienced DUI defense lawyers as soon as possible. We have the extensive knowledge, experience and skills necessary for handling DUI matters. Our DUI defense lawyers will work to protect your rights and fight on your behalf to avoid a serious conviction. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

What to Know Regarding DUI Sentence Enhancements?

The penalties for a drunk driving conviction are severe. However, there are added circumstances that can make the penalties even greater with a DUI sentence enhancement. A drunk driving sentence enhancement can include higher fines, longer license suspension and, in a growing number of states, mandatory jail time.

DUI Enhancement Factors

Although DUI laws vary from state to state, here are some of the factors that can trigger DUI sentence enhancements:

Prior DUI Conviction – Most U.S. states have increased penalties for any driver with repeated drunk driving offenses. Some states enhance the sentence for a DUI for a conviction within the past 5 years; other states enhance the sentence for a conviction within the past 10 years. Many states will enhance the sentence for any previous conviction irrespective of how long ago it was.

High Level Blood Alcohol Concentration – `Most states are beginning to adopt laws that increase penalties for drivers who have high blood alcohol levels at the time of their arrests. Some states place that level at 0.15 while others have greater enhancements for a BAC above .20.

Refusal to Take a Breathalyzer Test – If you refuse to take a breathalyzer test, you may be subject to more penalties. In some states, refusal means immediate revocation of your license whereas in other states, it can lead to jail time.

Child Endangerment – If you were arrested driving under the influence with a child under the age of 18 in the vehicle, you will be subjected to sentence enhancement.

Accident Without the Appropriate Auto Insurance – If you cause an accident while driving under the influence and do not have the required auto insurance, your penalties will be greater.

Bodily Injury – If your accident is due to DUI and you cause injury to someone else, you will be subjected to sentence enhancement.

Other Factors – Other circumstances that can make you subject to sentence enhancement for a DUI conviction include:

  • No valid driver’s license
  • On probation for another crime
  • Having an open container of alcohol
  • Having multiple previous convictions
  • Having an ignition interlock device on the vehicle

If you or a loved one has been arrested and charged with a DUI, speak to our experienced DUI defense lawyers as soon as possible. We have the extensive knowledge, experience and skills necessary for handling DUI matters. Our DUI defense lawyers will work to protect your rights and fight on your behalf to avoid a serious conviction. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

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