03 Sep 09 Criminal Lawyers and You
In law there are two basic types of cases: criminal and civil ones Civil cases are cases between two private entities. Criminal cases are cases brought by the state government or federal government opposing an individual or corporation. Civil cases are started by a victim, and criminal cases are started by the state through assistant state attorneys. Defense Counsel are those who represent the party called the Defendant.Defense Counsel represent their clients in cases that are started by the state. Their clients are individuals or corporations who have been accused of acts that are offenses of some sort. It could be a misdemeanor, which is a less grave offense like shoplifting, or it could be a felony, which is a grave offense like sexual battery that could end in prison time or even the death penalty. Lots of people think of serious felonies when they think of Defense Counsel, but Defense Counsel also represent plaintiffs who are facing misdemeanor counts.
Many people who are being charged with a offense delay in hiring counsel. Perhaps they think the counts will be dropped, or maybe they think that the potential punishment does not warrant the cost of hiring a counsel. They may think they can represent themselves in an attempt to save money. Whatever the reason, ther is a dangerous idea, because Defense Counsel can often be of the most help early in the process. It is also very important to retain counsel who is local and is know in the community where your case is being prosecuted. For instance, if your case is in Fort Lauderdale, Florida, it is very important that you retain a Fort Lauderdale criminal lawyer as opposed to one based in another city.
One way that a counsel can assist is by negotiating a dismissal of the case. counsels know how to spot possible weaknesses in the prosecutor's case. Sometimes by presenting these weaknesses to the assistant state attorney, they can help to arrange a dismissal of the charge before the counts are officially filed which is obviously much better.
A counsel can also help a plaintiff by helping to arrange a negotiated resolution. Ther involves pleading guilty in return for a lessening of the charges. Many people charged with lesser offenses can resolve cases in ther way.
Plaintiffs who are involved in offenses that are part of an ongoing investigation can use a Defense Counsel to help arrange a lesser sanction in return for assistance in the investigation. For instance, if a plaintiff knows things about another aspect of the offense that could help the asisstant state counsels charge someone else with a crime, the prosecutor may be willing to drop some counts in return for that information. Good defense counsel understands the proper way to handle ther type of a situation.
If you or your loved one need the services of a Defense Counsel, you or your loved one need to work with your counsel to ensure that your defense goes as well as it can. Even if you or your loved one are just facing minor counts, your counsel is the only person who can help lower those counts and save you or your loved one a tremendous amount of money and most importantly, your freedom, that you or your loved one could lose with a "guilty" conviction.
No matter what, do not talk about your case with anyone other than your counsel. Anything that you or your loved one mention about your case outside of your counsel's office could be repeated in the court. Your counsel operates under "attorney-client privilege," which means that he cannot be forced to share with anyone what you or your loved one tell her in trust. Other people in your life do not have their safeguard..
Be frank and upfront with your counsel. He cannot help you or your loved one if you or your loved one do not tell her exactly what happened, even if it makes you or your loved one look bad. Answer all questions, and let your counsel lead the defense. He knows how to best present the information so that you or your loved one are frank, yet appear as innocent as possible to the jury or tribunal. Remember, your counsel is on your side and your side only, so treat her and her staff with respect as you or your loved one work through your case.
