Best Spousal Domestic Abuse Lawyer

The answer is yes. Absolutely not only do you have a right to counsel in this country, but you have a right to the attorney of your choosing. You have a right to have an attorney that you like, so if you have an existing criminal defense attorney that you don’t feel is fighting for you, that you feel you want to switch and get someone else that is more in line with how you want your case to be handled. You have a right to do that at almost any point in your case, so constantly look feel free to take meetings with other attorneys even if you have an attorney and you absolutely have the right to switch criminal defense attorneys at any time in the court process.

It is not recommended that you represent yourself in a criminal defense matter. There are attorneys that are trained, that go to school, that go through years of training to be able to be experts on the law. Experts in the courtroom, expert litigators and these experts are here and you have the right to have them represent you. Make sure that you are represented all the time. To represent yourself is like saying if you had a surgery coming up can you do the surgery by yourself.

What’s The Difference Between Public Defender And Lawyer? Public defenders work for the government and get paid by the government in order to provide representation for people who don’t have the funds or the means necessary to hire private lawyers. A public defender works for the government the same government entity that is also prosecuting you for a crime. A private lawyer is completely different.  A private lawyer works for himself, there in private practice, they are trained to represent individuals on a private level private setting. When you go into their office and is not a government office, it is not an office in the court house, it is an outside office. The main difference is public defenders are usually inundated with a huge number of cases because they’re working for the government. A private lawyer gets to set his own rules his own standards. Private lawyers typically provide a higher level of service to customers because there are private lawyers and you pay for them so they have more time more resources to put into your case.

Public defenders work for the government and have a tremendous amount of cases. They’re extremely busy because the government gives them these cases to handle for people that don’t have the means to hire a private lawyer. As a result, sometimes the complaints we get about public defenders when people come to our office is that the public defender is too busy or they don’t return their calls, not paying enough attention to the case. People want to change from the public defender’s office to a private lawyer to get that special treatment. To get that special attention they need because at the end of the day you are fighting for your life and freedom.

The way the Matian Firm works is we provide a flat fee retainer for your case. For example, if you come into our firm and you say I have a DUI well we will charge you one price one time for that DUI. We don’t charge per hour, we won’t bill you every single time, we do everything we charge one one fee one time for the price. We also offer payment plans, so if you can’t pay the full amount upfront then you could go on payment plans well we’ll get an upfront fee from you and bill you monthly.

It depends on your case. If you have a murder case that is going to cost you a tremendous amount of money, especially as compared to if you have a simple misdemeanor case like trespassing. Cases range from as little as nine hundred dollars all the way up to six figures, depending on the case. It depends upon the severity of your case.

How Criminal Defense Attorneys Charge It depends upon your case. Defense attorneys charge a one-time flat fee per case and the reason is they look at your case and determine how severe it is. Is it a felony? A misdemeanor? If your case is serious, the cost is going to be much higher. If your case is a lower-level crime, then the cost is going to be much lower.

You should absolutely hire a criminal defense lawyer. Because even if you think the government has all the evidence they need against you, a competent criminal defense lawyer could challenge that evidence. They could challenge the admissibility of that evidence, they could challenge how that evidence was gathered, and see if it was gathered in accordance with the laws of the Constitution. If we could prove that the evidence was gathered against the laws of the Constitution then we could try to keep that evidence out. Furthermore, everything is a negotiation there is a vast sentencing sheet that will be fought that will be negotiated.

Yes, a court or district attorney or prosecutor or city attorney will always take into consideration the totality of circumstances which includes your past, criminal record, or lack thereof. If you have a clean record, chances are you’re gonna be sentenced with more leniency than if you’ve had prior convictions or arrests in the past.

There are essentially three ways: 1.) The district attorney could make a decision to drop the case because they feel that there isn’t enough evidence to proceed with a crime 2.) The court may drop a case at a preliminary hearing a trial bate or based on a motion that there that the prosecutors cannot prove their crime beyond a reasonable doubt or that probable cause doesn’t exist. 3.) Getting your case dismissed completely at trial.  

If your attorney really recommends. So make sure your attorney has fought tooth and nail to get you the best possible offer, the best possible plea deal, that attorney could get you. Once that offer is presented to you from your attorney then you got to go over that offer make sure that there isn’t a better offer that you could get make sure that there isn’t more you could fight. When you accept a plea deal there is a very very strong likelihood that that plea deal is gonna stay on your record and cannot be changed for the rest of your life. This is a one-time chance and this will affect the rest of your life because it will be on your permanent record.

The answer is this it’s unknown. Every courthouse is different, every jurisdiction is different, every judge is different, every prosecutor is different, and every single case and set of circumstances is different. So you need to get a competent powerful attorney that knows that jurisdiction, knows that venue, that courthouse that judge, that prosecutor knows how to play the game in that specific courtroom and knows the information you need to know so you can make the best decisions.

Miranda rights are a set of rights that you are afforded that the police must read to you when you are in custody. You’ve heard this all the time probably on TV shows or in movies when you hear the police officer say you have a right to remain silent, you have a right to contact an attorney, anything you say can be used against you, and you’ll go through a list of Rights that you may have. Those are Miranda rights.

Miranda rights are only supposed to be read for you. They are only applicable is if you are in custody and the police want to ask you incriminating questions about your case. So it’s a two-prong test the first prong is are you in custody so are you arrested are you in a position where you can’t you are not free to leave from police presence. If the answer is yes then you’re in custody the second prong is are the police asking you questions about your criminal case. If so, they must read you your Miranda rights. If not, they don’t have to so for example if you are arrested and the police ask you what is your full name well that is not an incriminating question so you don’t have to have your Miranda rights read to you. However, if you are arrested and the police say why did you do this crime guess what they need to read you your Miranda rights before you answer that question so that is when and why it’s important.

Well if you have a good attorney, a competent attorney they will file a motion to make inadmissible your answer. So if you provided an answer to a police officer’s incriminating questions, and he did not read you Miranda rights, an attorney is going to try to keep out your answer that you provided of your case completely. So we are going to wipe the record clean of your admission. For example, if the police officer has you in custody and says where were you the time of the crime and you answered and they didn’t give you your Miranda rights well a competent attorney will file a motion and your answer will act as if it never happened. We will make that answer inadmissible in court we will not let it be used against you.

Arraignment Definition Every criminal case has multiple stages: You have your arraignment, your pretrial conferences, your settlement conferences possibly preliminary hearings motions. Motions in limine and then your trial readiness conferences and possibly trial an arraignment is day one. An arraignment is the first time you walk into court where the government will present their case in form of a complaint to the court and to you. You will then enter in a plea to the judge. You will tell the judge whether you are guilty or not guilty it is the first day of court and your case will start from that moment. You will pick up your evidence, you will pick up your complaint, you will read the charges against you, you will have them your attorney should be accompanying you to arraignment so he can make sure that the process is moving forward perfectly.

Yes it absolutely does and it’s being used against defendants every single day. So if you are charged with a crime and that crime could result in a strike two, strikes three strikes or even more in some cases, make sure you hire a powerful law firm and a wonderful attorney to represent you because your freedom is absolutely in jeopardy.

Can My Lawyer Represent Me In Court Without Me Being There? The answer is simple: it depends if you are charged with a felony case, you must show up to court even if you have a lawyer. So if you’re charged with any felony case, the court will make you show up, and if you have a lawyer, with your lawyer. There are certain types of misdemeanor cases which will allow your lawyer to show up for you and you don’t have to go to court with them. Contact the lawyer let your lawyer know what you are specifically charged with and then your lawyer will let you know if that crime qualifies for him to go to court without you being present. So make sure you contact a lawyer and get their advice.

Yes, absolutely. If you are ever charged with a crime, if you are ever being investigated for a crime, it is recommended that you always have a lawyer. You are hopefully only going to be dealing with this type of situation one time and that one time can affect your whole life. So you want to make sure you have representation from the very beginning of the case until the very end so yes, you should always have a lawyer, even at arraignment.

Bail is a condition of release, typically you put up money to be released from jail that is bail. So if you’re charged with a certain crime depending on the crime the court will make a determination whether or not you must have this pre conditional setting, pre conditional bail, to make sure that you are showing up to court every single time you have a court date that is bail.

If you cannot afford bail and there is a bail on your case, then unfortunately you are going to be held in custody for the duration of your case. You could let your lawyer know that you can’t afford bail and ask him if he could try to either reduce your bail or even try to get you no bail. Or what’s called having you release on your own recognizance, so that’s why having a lawyer is so wonderful because in some cases a lawyer can actually save you money if he’s able to negotiate your bail or completely do away with it.

It depends on what you are being charged with. There is a litany of cases that you will just simply be cited for by police and there’s no bail. For example, simple trespassing charges typically, a police will give you a ticket with a court date and you show up to court there’s no bail there’s no arrest, there’s nothing. In more severe cases, for example, like a domestic violence with injury a third time DUI, those cases of police will take you into custody, book you, put you in a holding cell, and then issue a bail that you must pay in order to get out of custody.

OR is a term that stands for own recognizance. What this means is that the judge has made a determination that there is no bail or the police have made a determination that a bail is not necessary. And they are going to release you on your own recognizance on your own promise to show up to court and fight your case.

In almost every single case the prosecutor’s office is going to give you an offer to settle the case. However, the important thing is not getting an offer, the important thing is is fighting for the right offer. Every prosecutor will provide you with an offer. That offer could be terrible, it could be okay, but what you need to do is make sure that you have the best possible attorney so you could continue to fight that case to not just get any offer. You want to fight to get the best possible outcome, the best possible offer, and hopefully dismissal of your case.

If you could do an act and as the result of that act is being charged by the government with a crime that could put you in jail. If the consequences of your act can put you in jail and take away your freedom, then that’s a crime if the consequences

Mistake of Fact Defense: Can be a defense to a crime. For example, let’s say you had an identical purse as someone, and you put it down next to theirs. You come back, and accidentally grab theirs and go home. You are then charged with theft. You never intended to steal anything, this was just a mistake of fact. You picked up the purse that was the same color, brand, etc. It is reasonable to use that as a defense. Mistake of Law A mistake of law is completely different. A mistake of law is typically not a defense in the majority of jurisdictions across the nation. A mistake of law is basically someone trying to say, “I was not aware of a law that  I violated. I did not know about the law.” That is not a good defense. Typically laws are made public and there’s an implication that everybody knows what the law is.

What Is The Difference Between Intentional And Unintentional Conduct? If I intend to do something that is intentional, if I don’t intend to do something but something happens that is unintentional, it’s like a mistake or a willful act. So for example, if I want to punch someone in the face, it is an intentional act. If I get up and I fall off, and my hand hits him as I’m falling down, I still make contact with his face I still make contact with his face with my hand, but I never intended to do that it was a mistake. It was an accident so I will not be charged with a crime because of that. And the first example, I intended to hit him in the face that is different that is an intentional act so that is the difference between an intentional act and an unintentional act.

If I intend to do something that is intentional, if I don’t intend to do something but something happens that is unintentional, it’s like a mistake or a willful act. So for example, if I want to punch someone in the face, it is a willful intentional act. If I accidentally bumped him while falling over, it is not willful or malicious.

Specific intent means that you specifically did something with the intent to do that which you specifically did.

What Is A Motive In A Crime? Motive typically isn’t an element in any crime. We don’t really have the element of motive in a crime. However, motive helps explain why a crime happened. So if I assaulted someone, the cops are gonna ask me why would I do that, and the reason why motives so important is because we’re trying to paint a picture. We’re trying to understand a story.

Strict Liability Definition Law Strict liability law is basically if you violate a law that does not require a specific intent or an intent. For example, statutory rape is a strict liability law. If you have a sexual relationship with your partner and your partner is under the age that the law prescribes, then that is strict liability. You don’t need to know or prove that you knew what their real age was. Even if you thought that they were overage, that they were of age, that they were in a legal age to have sexual activity with you, it won’t make a difference if the person is underage and you do partake in sexual activity with them.  That is statutory rape, that is strict liability. Another example of strict liability is any sort of traffic ticket. You don’t need to intend to pass a red light for you to get a ticket to pass a red light. If you pass a red light you get a ticket, if you change your lanes without signaling, you get a ticket. There is no need for the police officer to prove that you intended to change your lane without signaling.

Vehicular Manslaughter Manslaughter is when you have an unintentional killing of a victim without any specific intent. An example of manslaughter is if you are in a vehicle and you are criminally negligent and you get into an accident as a result of your criminal negligence, someone passes away that is manslaughter. You did not have the specific intent to kill someone but as a result of your criminal behavior you did that is manslaughter.

What’s The Difference Between Manslaughter And Murder? Manslaughter is when you to have an unintentional killing of a victim without any specific intent. An example of manslaughter is if you are in a vehicle and you are criminally negligent and you get into an accident as a result of your criminal negligence someone passes away that is manslaughter you did not have the specific intent to kill someone but as a result of your criminal behavior you did that is manslaughter. murder for murder you need a specific intent.

Voluntary Versus Involuntary Manslaughter Voluntary manslaughter is the act to kill someone and you have the means, the intent, the reason behind killing that person. Involuntary manslaughter is the act the consequence of killing someone, but you never had the intent to do so. That is the difference between involuntary manslaughter and manslaughter.

The answer is police officers don’t have a right to search anything. There has to be certain circumstances that will give them the reason to search your car and specifically it could happen in two ways. 1.) if there’s probable cause. For example if the police officer feels that a crime is afoot does the police officer have articulable facts to show that there is a possibility of a crime happening. Then, if so he could search your car. If he could point to probable cause. 2.) Is a safety measure if the officer is under a reasonable belief that his own safety is at jeopardy there are certain circumstances where he could search your vehicle. There is a third factor, but that factor depends on you. You can always give consent for a police officer to search your vehicle. So if a police officer simply asks you hey can I search your vehicle, even if he has no reason, even if he has no cause to ask you that question he’s allowed to ask you that question. If you say yes even if he has no probable cause even if he doesn’t feel like he’s in danger but you will allow him to search the car.

Well that all depends on your specific crime and also the type of firm you hire. If you hire a firm that only has one lawyer and one assistant, then you’re probably gonna end up with one lawyer and one assistant. If you hire a firm that has 24 lawyers and about 100 paralegals and assistants then you’ll probably end up with more than one lawyer and one paralegal on your case. It also depends on the circumstances and facts of your case. So if you’re charged with a murder case, you’re probably gonna have a bigger team on your side then if you’re charged with say for example a simple drunk in public type of case or a simple trespass type of case. Everything really depends on the type of firm you hire and also the type of case you have.

The majority of arrests are made by the state government. However, the federal government also has a prosecutorial arm and the jurisdiction where they could charge you with crimes. Similar procedures are afforded on both the state level and the federal level, so if you are arrested in a federal case, you’ll pretty much go through the same procedural steps as you do at a state-level case. They’ll go into custody, a possible bail or bond will be put over your head and then you will fight your criminal case and you’ll also be afforded with the right to have a lawyer at all the stages and proceedings of your federal case.

Tolling Of Statute Of Limitations For Minors California Statutes of limitation – the time limit that a person has to file a lawsuit before it is too late – can be extended in certain rare circumstances. In California, a child who is injured in an accident will usually have the statute of limitations extended (or “tolled”) until they turn 18 years of age. However, this does not apply to all claims – claims made against government employees or claims involving toxic exposure are not necessarily tolled solely because the victim was a minor. The statute of limitations may also be tolled if a person did not know, or have reason to know, that they were injured by a particular person or entity. For example, you may quickly realize that you have been seriously injured but may not know the true source of your injury. Generally speaking, California law may toll the statute of limitations until you become aware of information or evidence that points to the responsible party. However, this is not a good reason to delay a claim. The statute of limitations will not be tolled if you knew or had reason to know that another person or entity is liable for your harm. This is why it is crucial that you consult with an experienced attorney so you understand the time limits that may apply and take steps to protect your rights.