criminal defense law
criminal defense law questions and answers
Q: I will be starting a criminal defense law firm soon. What financial software do you suggest?
I have heard to get Quick Books. Why is that? Is there a particular Quicken that I would want to get? Like Quicken Professional? Or would the regular one suffice?
A: Quickbooks (the business version of Quicken) is awesome and very user friendly.
Q: florida criminal defense law firm - the best florida criminal defense law firm?
Can someone tell me the best florida criminal defense law firm. There are many criminal defense law firms near florida that we can find, but between them where can i find the best florida criminal defense law firm?
A: As you know, there are many florida criminal defense law firm, but for me the best florida criminal defense law firm is David J. Joffe.
Florida Criminal Defense Attorney, David J. Joffe, focuses on the defense of white collar crimes.
You can refer to this site to know more about David J. Joffe (florida criminal defense law firm):
http://florida-criminal-defense-law-firm.blogspot.com/
:)
Q: What criminal law defense could be used in court against a conspiracy charge?
This isn't a personal question. It's based on a discussion in one of my Criminal Justice classes. It was a case where a mother was charged with conspiracy to rape, because she was buying her husband condoms to use while he raped their daughter. Very disturbing situation. In my class, we were discussing different criminal law defenses, and no one could think of a defense for the mother.
A: What sort of conspiracy charge are you referring to? There are different instances in which different defenses would be the best route. However if you are being charged I would highly suggest hiring a lawyer.
Q: jackson criminal defense law firm - the best jackson criminal defense law firm?
where can i find the excellent legal services of jackson criminal defense law firm. There are so many criminal defense law firm near Jackson, but where is the best in criminal defense law firm?
A: As you know, there are many jackson criminal defense law firm, and every criminal defense law firm near Jackson have their own specialist in criminal defense law. So you need to compare every criminal defense law firm in Jackson and you will find the best of the best.
You can refer to this site to know more about jackson criminal defense law firm:
http://jackson-criminal-defense-law-firm.blogspot.com/
Q: Question on criminal defense law.?
Every time I bring up an interest in pursuing Law School and a career in criminal law, I hear the same broken record. People seem fixated on the idea that criminal defense lawyers rigorously try acquit people they know are guilty. I've never taken an ethics class and I don't know the laws, but is this true?
Are lawyers supposed to receive admissions of guilt from their client? If a client confesses to his/her representation, wouldn't that make it unethical to submit a plea of not guilty? For some reason, I have it in my head that clients, if guilty, are supposed to tell everything BUT the dirty deed for best representation. Any thoughts? Thanks in advance!
I'm not biased for/against defense lawyers. It's not my area of interest, but it is interesting area of ethics nonetheless!
So the concept of a "plea of not guilty" is that simply a lack of a "plea of guily" which would otherwise be a waiver of jury trial?
I ask because otherwise it seems akin to perjury, hence my confusion over the ethics of an attorney submitting a plea. Who is responsible for the plea? Attorney or client? For instance who decides to plea not guilty by mental defect?
A: There's an old adage that the first client of the criminal defense attorney is the US Constitution.
Most criminal defense lawyers don't care whether their clients are guilty or not. They just want to ensure that the police and the prosecutors have done their jobs properly and ensure the criminal justice system is working. If they lose at trial, but are satisfied the the police and prosecutors did everything by the book, they generally don't take it too hard. If the defense thinks a conviction is imminent, they will generally try a plea bargain to receive a lesser sentence for their client. Before anyone makes any judgment's about the criminal defense attorney "trying to get his client off with a slap on the wrist", they should also realize that the prosecutor has to agree to the deal, and the judge has to approve it. So if anyone is ever upset with a plea bargain, they need to realize that if the judge and prosecutor went along with it, its probably in the state's best interest as well.
But to answer your question, see below.
ABA Model Rule of Professional Conduct 3.3 Candor Toward The Tribunal
(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.
(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.
(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.
...
So if a client confesses guilt to his lawyer, the above rule prohibits the lawyer from putting the client on the stand (refered to as "subornation of perjury"). If the lawyer knows the client is guilty, and the client doesn't plead guilty, the case goes to trial. At trial, the lawyer can't put the client on the stand, because the lawyer knows the client will lie about his or her innocence once they are on the stand. This is why defense lawyers don't care whether their clients are guilty or not, and why they specifically tell their clients not to tell them if they are guilty or not. They don't want to know, so they can put them on the stand.
Believe it or not, this rule is almost never violated. No lawyer would ever risk losing his license because his or her client is a liar.
And remember, OJ didn't take the stand. Draw your own conclusion....
Q: Can anyone recommend a good criminal defense law firm?
there are a TON out there... they all say that they're the best and that they're better than everyone else.
they all look the same, so does it really come down to price? what happened to the idea of getting what you pay for?
A: It depends on where you are.
Q: requirements for practicing law (criminal defense work)?
I know the basic degree is called a JD, but how do I go a/b achieving that. How many years is it, and how do I go about getting to doctorate level also.
I need 2 know the fastest way. also I can complete 2 yrs of community college b4 I get out of HS, so what should I get that associates in? Criminal Justice, Psychology?
My guidance councellor did not have anything to offer.
A: You need a BA to get a JD...the JD is doctorate level...
The JD program is usually 3 years full time or 4 year part time...there are a couple of 2 year programs as well..
To get into a JD program, you need to take the LSAT...
The associates won't help you either way, except for transferring to a BA program...I suggest you take as many writing classes as possible in college to help you in law school.
Good majors are English and Philosophy, but any major will work...mine was theatre...
Q: Does a Defense Lawyer only deal with Criminal Trials?
I'm really interested in Law and Defense Lawyer sounds really good, but im not that interested in Criminal law. Are there different types of defense lawyers?? Cause every time I search defense lawyer I only get Criminal Defense.
Thank you
A: I'm no lawyer, but you don't need a defense if you're not charged with a crime, right?
It sounds like you're more interested in litigation--representing a client in a civil trial where one party is suing another.
Q: Can I practice both criminal defense and prosecution and business law as a lawyer?
Can i have 3 specilaities
A: Some common law countries — UK, Canada, etc — allow "private prosecutions", which would be conducted by an attorney who might ordinarily practice only as a defence lawyer.
Q: Question for lawyers or paralegals, criminal law?
I have always been interested in criminal law and I am thinking about going to school to be a paralegal. I would like to know how many positions there are for paralegals working in criminal law? Criminal defense is the only thing I would want to do. It appears to me that there are not many criminal law paralegals out there, am I wrong?
A: No, not many paralegals that specialize in the area of criminal law. I am a paralegal and some of the attorneys in our office take criminal cases, but they also take personal injury cases, insurance defense cases, product liability, etc. The trick is going to be finding a law firm that specializes in criminal defense. Personally, I'll work for a defense firm but not a plaintiff firm. Good luck.
Q: ignorance of the law a defense to criminal liability?
true or false and why?
A: False. The doctrine is known as 'ignorantia juris non excusat'; ie. ignorance of the law does not excuse. This is made obvious on policy grounds; that is. the law cannot permit ignorance as a defence, otherwise accused person's will argue ignorance to avoid liability, even if they had the knowledge of the law.
Q: An aggressor cannot claim the right of private defense in criminal law'.explain the stateme.?
A: Right to self defense has very limited scope in criminal law, although criminal jurisprudence allows it but with limited use to defend the person or property to the extend it only disable the offender from inflicting harm to the person or the property, what is limit of disability depends from case to case, but what should be minimum force that disables the offender has to be applied, as far an aggressor cannot claim this right as he/her will be considered an offender not defender. Indian Penal Code section 96 -106 clearly provide scoop & conditions that are applicable for such a right of private defense, read these sections & you will know the extend & scoop of this right
Q: What are the major common law defenses? How do they shape the administration of criminal law?
A: Automatism
Duress
Insufficient mental capacity to form the requisite intent
Q: Would majoring in Criminal Justice be smart or helpful if I want to go to law school to be a criminal lawyer?
I know that diverse majors are helpful for law school, but I think that a criminal justice might give a slight head start for me. If I want to be a criminal defense attorney, is a criminal justice major a smart choice?
A: Not really. Majors don't matter and tons of people do criminal justice then try for law school. It doesn't set you apart at all. Major in whatever you want to and whatever you can do well in since GPA matters, and study to get a great LSAT score since that's what matters most.
Q: Criminal defenses in law?
Roberta Jones is an exotic dancer in Ft. Myers and is performing at a bachelor party. She is arrested for soliciting prostitution after an undercover police officer offers to pay her $50.00, and she agrees to perform a specific sex act with him in private. Ms. Jones asserts that she is being singled out for persecution based upon her color (she is Black); she further asserts that many white exotic dancers performing at area bachelor parties are paid for private sex acts, but our never prosecuted. Might she have a meritorious defense? What is the defense, and why should she raise it?
A: I don't believe she would have any defense. All that is, is hearsay. The other dancers would have to be caught by an undercover officer as well to be prosecuted.