Tuesday, April 22, 2014

How to Pick a Criminal Defense Attorney

Lawyers have important roles to play in many human activities. People consult one when writing a new will or when needing to file an insurance claim on an accident. In these cases, you need an attorney skilled in civil law. However, when you’re hauled into court for a criminal charge, it will be better to have someone specializing in criminal law to handle your case.

When looking to pick a criminal defense lawyer, you should look at three things: local representation, case experience, and personal comfort. When a case is being tried in a particular location, your lawyer should be familiar with the laws and procedures unique in your state. He should be aware of certain predilections of judges and prosecutors relevant to the case. There could be a prosecutor who likes to make deals. Choose an attorney who’ll know the ins and outs of the legal game in the location where the case will be heard.

The attorney you choose should also have a track record of having successfully defended a case like yours, whether it is driving under the influence, or manslaughter. Experience counts, and a lawyer who knows how to handle your case would make things run somewhat smoother for you.

It’s also important that you’re comfortable with your lawyer. Your lawyer is going to be your best friend for the duration of your trial. This means you need to be comfortable with him prying into your own business, and be able to open up to him. You two are partners in the case and to win you need to find him agreeable, at the very least.

Tips on Appealing a Criminal Case

Nothing in the criminal justice system is ever taken lightly. For an accused to be deemed guilty, the verdict should come without a shadow of a doubt. Even then, there are situations in which the counsel of the accused can opt to have the case appealed in the Appeals court.

Contemporaneous and Specific Objections

To maintain your position for appeal and hopefully push through with it, your claim needs to be based on an objection that is both contemporaneous and specific. The former means that the objection to an evidence should have been made when the evidence was first presented. Being specific means that it should provide the trial court with an opportunity to correct the errors.

Constitutionalize

If you can, you should also state the constitutional grounds for your objection. Being the fundamental law of the land, the constitution will have a stronger bearing on the relevance of your objection than any state law or ordinance could.

Objection to a Remedy

Did you know that you can still object to the remedy that the trial court puts forth if you deem it insufficient? Even if the trial court should sustain your objection but the remedy you are given is nowhere near comparable to the remedy you seek, you can still claim an appeal.