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Our office represents clients charged with or under investigation for committing embezzlement, fraud, forgery, tax evasion.
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If you were to be accused of a crime, such as robbing a bank, causing harm to another person intentionally, or even murder, you would need a criminal lawyer to represent you. Your goal is to prove that you are innocent and not guilty of the crime. Being guilty of the crime translates into prison time, which is something that no one wants to have to do, especially if they are innocent. If you are innocent, you want a great criminal lawyer to prove that innocence. Even the guilty will seek out a great criminal lawyer to prove that they're innocent, even when they are not.
The role of the defendant
When accused of a crime, it is up to the defendant to find a good criminal lawyer. This can cost quite a bit of money. In the case that an individual can't afford a lawyer, he or she will be appointed one by the court. This means that the defendant has no choice as to who their lawyer is. This can be a good thing or a bad thing depending on the lawyer. Being that the lawyer is a court appointed attorney, that could be bad because this attorney is paid for by tax money and not by the defendant.
But when you can afford your own criminal lawyer, you have to interview them. Evaluate them. They will do the same with you because they don't want to take on a case that they will lose. If they think that there is the slightest chance that they will win, they will take the case. There is also the fact that they will get paid by you regardless and this can be a very hefty bill in the end. The longer the trial, the more money the lawyer gets paid.
The criminal lawyer
You've probably already figured out what a criminal lawyer is. The criminal lawyer is someone who specializes in criminal trials. They are not someone who takes care of tax law or represents corporations when people decide to sue them. This is something that is completely different. You will not see a tax attorney representing someone who has been accused of murder. And unless they specialize in it too, you won't find a criminal lawyer involved in tax law.
The criminal lawyer will stand by a defendant in a case and take all of the evidence they have gathered to prove innocence and convince a jury that their client is innocent. To get this evidence they will sometimes have to hire a private investigator to make sure that they have everything they need to prove innocence. They will also do some investigating of their own, especially if something sounds rather fishy about the case. They will do what they can to find the discrepancies that will prove their client's innocence.
Success
Many criminal lawyers find success and many don't. It depends on if the prosecutor has enough evidence to really convict or if the defendant changes their plea. Defendants are supposed to be 100% up front with their lawyers and their lawyer will do what they can to ensure freedom for their client. But when the defendant is not 100% honest, this could result in the case being lost anyway.
So now you know the important role of the criminal lawyer. Without them, many individuals would not receive the proper representation. Without proper representation, many individuals would be committed to a prison cell for crimes that they did not do. Fortunately, however, this is not the case and people are getting the representation that they need so that their innocence may be proven and they can go on with their life.
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When you are accused of a crime in a civilian court, and you are a first time offender, you can often be let off with probation or even with a slap on the wrist in some cases. However, when it comes to military court, it's a completely different story. Civilian court can seem like a walk in the park compared to its military counterpart. Even if you are a first time offender, military courts are known for throwing the book at the convicted. It doesn't matter if you are in the Army, Navy, Marines or Air Force, if you are accused of a military crime, you need to contact an aggressive military lawyer who can defend you adequately against strict military justice.
Your Rights as the Accused
You must understand that military courts handle the rights of the accused in a way similar to civilian courts. That means you have the right to remain silent, the right to military counsel, and you have the right to know why you're being accused. You should exercise all of these rights the moment you are accused of any crime. Even the slightest statement can give someone the wrong impression that could be used against you in military court. For that reason, exercise your right to silence except to ask for your court provided military counsel.
You typically won't have a choice in which lawyer is assigned to your case, but you do have the right to select a particular lawyer. That person will then assist you with your proceedings, provided that lawyer is available at the time of your trial. It's recommended that you ask for the most aggressive lawyer out of the pool available. You want the most aggressive because of the severity of the punishment that's likely to be handed down should you be convicted of the crime against you.
Depending on the severity of the crime you are accused of, you could be facing a court martial that could end with disastrous results. Or you may just have to pay a fine or take a pay cut, or you could be dishonorably discharged. And, in worst cases, you could face a stiff prison sentence.
Regardless of what you're facing, an aggressive lawyer who knows his or her way around a military courtroom is your best chance of coming out of this situation with a slap on the wrist.
So if you are a member of the armed forces, and you are governed under military law, if you are ever accused of a crime, take advantage of your right to remain silent and ask for the most aggressive military lawyer who will help you beat the charges you've been accused of.
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There is no specific book of punishment, as sentencing is based on a variety of factors. Regardless of what crime is committed a criminal lawyer, DUI lawyer or a felony lawyer can provide the client with an average punishment for the situation, but the final judgment is determined by the court.
In most instances, it is the judge and not the jury who determines sentencing. The court cautions elected jurors not to factor possible sentencing when attempting to determine the guilt or innocence of an individual. Certain states require juries to be involved in the sentencing process, but only in rare circumstances, which include advising whether a defendant should receive the death penalty over life imprisonment.
A crime is committed when a specific law has been broken and many times each law or statute provides a guideline for penalties according to each behavior. A first time offender may be subject to a monetary fine, imprisonment or both, which is not to exceed a specific amount. The judge then determines the final penalty. Statutes may define behaviors without delegating punishment so courts will decide the punishment based on the type of behavior in general.
Public complaints of leniency have influenced Congress to ensure justice when certain laws are broken. "Mandatory sentencing" applies when federal crimes are committed and, in certain instances, when a state law is violated. Under these circumstances, judges are required to hand down predetermined punishment for anyone who breaks these specific laws. An automatic and specific punishment is assigned to the breaking of that law regardless of who committed the crime.
Generally, courts expect judges to evaluate a number of facts surrounding the case before determining final punishment. A person's age, criminal history, social and work history in addition to what prompted the individual to break the law and whether he or she regrets the action, are issues taken into consideration. In these situations, the punishment is determined based on the offender and not the law that was broken.
In cases where the judge renders punishment, the defense attorney presents "mitigating circumstances" or facts pertaining to the particular situation, to influence the judge to consider a milder punishment. For instance, it might be taken into consideration that the offender has a minor or no previous criminal history. Perhaps the defendant did not play a key role in the crime, but was assisting another person. Maybe the person was experiencing a great amount of stress when the crime was committed, for example, job loss, bills piling up and a family illness. Or perhaps the crime did not cause injury or would not have resulted in the injury of any person.
On the other hand, "aggravating circumstances" influence a judge to deal severely with an offender. An individual who commits the same crime repeatedly is likely to receive a harsher punishment. How a crime was committed is another aggravating circumstance. An offender who was intentionally cruel or malicious will receive a sentence based upon that behavior. Occasionally, laws carry defining circumstances detailing what is considered aggravating, which include using a weapon to commit a crime.
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