What to expect during a criminal defense trial?

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We have all heard of or seen in movies criminal cases where high-profile defendants find the best criminal defense attorneys in specific legal areas and receive a “not guilty” verdict from the court. Until we find ourselves in a legal scuffle, we believe these instances to be fancies of Hollywood scriptwriters, or storytellers with very active imaginations. The reality, however, might be quite different; and the only way to understand how criminal law truly works in the USA is by putting oneself in the shoes of the defendant.

What happens during a criminal trial?

Imagine just a few days ago your life was totally normal and all of a sudden everything changed… Maybe you decided to drive when you simply shouldn’t have after having a few drinks, things got out of control and people got hurt; or maybe you were just in the wrong place at the wrong time. Whatever the reason, you now know that you will be facing criminal charges! The instant that this happens, you have that internal feeling where you know deep down there’s a significant chance that nothing will be the same again. But, then things get even worse when you start interacting with law enforcement and start to get a taste for what things could be like from now on. Even though you know that you might have been at fault and expect consequences, the importance of having competent legal representation on your side covering your case becomes more and more obvious with every second that goes by without it. Now, imagine you finally find an experienced and reliable criminal defense attorney that you like and who can represent you. Think of the relief that this brings to the whole situation, and the implications it can have on the outcome of your case and, potentially, the rest of your life.

To learn more about criminal defense and for specific and actionable advice, please visit the Ferraro Law Group PL website, where you can find much more detailed information about the specifics for some of the most common criminal cases.

The most effective way to ensure having the right legal representation is to have already developed relationships with legal counsel before you need it. And finding a competent criminal defense attorney is no exception. Starting your search as a preventive measure before you need it makes the whole process much easier and stress free than just waiting until there’s no time to do your due diligence and research.

But, if you haven’t developed a relationship with a qualified criminal defense lawyer ahead of time, then it is very likely that the following two factors will cause unnecessary friction in your search before hiring a criminal defense lawyer and sometimes even during the duration of your case:

  1. Does the criminal defense lawyer believe that their client is guilty of the crime?
  2. Is the criminal defense attorney capable of keeping his or her belief aside and defend the client adequately?

When you speak with the leading criminal lawyers, most will tell you that the lawyer’s personal belief is inconsequential in the light of a criminal defense case. That it is not in the purview of the lawyer’s responsibilities to decide the guilt or innocence of their client. And that all you need to do is to find a competent and experienced criminal defense attorney, who is capable of defending you properly.

One may wonder: how can a criminal defense attorney represent someone who they might believe is guilty?

Proper legal representation is a right and arguably one of the main foundations of our legal system. And a criminal defense lawyer can, in fact, defend someone who they believe might be guilty. Also it is important to note that there is a considerable difference between “factual guilt” and “legal guilt.” Factual guilt is whether a person is actually guilty of the crime. Legal guilt is when the prosecution has enough evidence to prove the charges “beyond a reasonable doubt.” Hence, most expert criminal defense lawyers will not ask their client if they are actually “guilty” of the crime they are being accused of. The primary responsibility of your criminal defense lawyer is to represent you and put up a fair trial in court in front of the judge and the jury.

Why do criminal defense lawyers represent the guilty?

The fact that each person deserves responsible and dedicated legal representation in court is one of the main building blocks of our society, and therefore the US Constitution gives each citizen the right to defend themselves in court regardless of their guilt. The law binds all attorneys to secure and deliver this legal right of each citizen. Every lawyer must offer zealous representation to their clients within the bounds of the law. It is their duty to protect the rights of the public. This is one of the means to ensure that every person gets legal representation irrespective of any other factors. Whether they are guilty of a crime or not is for the court to decide.

February 18, 2019 · Tim Kevan · Comments Closed
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Why should parents of children with preventable cerebral palsy seek compensation?

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Cerebral palsy affects posture and movement. It is the physical disability that results in the lack of muscle control. There are over 17 million people worldwide, who have cerebral palsy. According to the United States Cerebral Palsy Association, over 500,000 Americans have cerebral palsy. It is the most common physical disability that affects children. It is a term experts use to refer to a group of physical disorders that include loss of movement and other nerve functions.

Currently, there is no cure for cerebral palsy. It is as frequent as 2 to 4 babies in every 1000 births in the US. Apart from the emotional distress, the parents go through and the lifelong physical disabilities the child has to brave, cerebral palsy gives rise to the need of special education, medical procedures, specialized care, orthopedic braces, and advanced assistive appliances. These can significantly increase the expenses of the family in the future.

What causes preventable cerebral palsy?

There are situations when cerebral palsy is a result of developmental challenges. Improper fetal development can result in permanent damage to nerve functions and limb movements. However, around 20% of the cases in the US exist due to incompetence or negligence of the medical staff responsible for the delivery or C-section. Specific actions on the part of the medical care provider could have led to cerebral palsy, including –

  1. The improper use of Pitocin or labor-inducing drugs.
  2. The failure to perform a C-section on time upon fetal distress
  3. The use of excessive force or suction during vacuum extraction
  4. The inability to act on the status of the mother or fetus during labor
  5. Inadequate oxygen to the brain of the child or trauma to the head during delivery
  6. The failure to act on the changes in the condition of the mother or the fetus during pregnancy

It is evident from medical history and several medical malpractice cases that vaginal birth, as well as C-section births, can lead to cerebral palsy due to negligence or the absence of medical professionals.

What signs point towards cerebral palsy in a newborn?

Detecting any physical deformity or injury in infants is not as easy as most parents like to believe. Newborns are fragile and broken bones, or brain traumas take some time to become visible. Without expert intervention, it is almost impossible for the parents of a newborn to detect any form of abnormality in their movements and behavior. Even with the lack of training and expertise, it might be possible for parents to recognize the signs of cerebral palsy. Some of the early symptoms include –

  1. The newborn’s skin looks blue or bluish after birth.
  2. The infant is unable to breathe and requires resuscitation.
  3. The presence of poor sucking on the mother’s breasts after birth.
  4. The infant exhibits seizures within 24 to 48 hours after birth.
  5. The pregnancy was free from complications, trauma, and infections.
  6. There is no history of impaired brain function in the family.

These might not be telltale signs of cerebral palsy only, but these are a few that point towards the possibility of lifelong physical disabilities of a child. Any parent, who has seen similar signs in their newborn, should consult expert cerebral palsy lawyers with a dedicated medical team for thorough investigation. To learn more about the compensations and medical negligence lawsuits that can follow preventable cerebral palsy, check out the cerebral palsy lawyers BIML.

Why do parents of a child with cerebral palsy require medical malpractice compensation?

An infant can show the signs and symptoms of cerebral palsy by the time he or she is a couple of weeks old. If your family has no history of brain disorders, you might want to consider medical malpractice as a reason for the development of cerebral palsy in your child. Medical malpractice becomes likely especially if the pregnancy was free from complications. Sadly, most families do not have the resources necessary to take care of a child with cerebral palsy. The therapy appointments, specialist consultations, medications, and additional tests keep adding to the pile of bills that most medical or health insurances may not cover. In addition to the financial expenses, parents of a child with cerebral palsy might consider working from home or cutting down work-hours to pay more attention to their child. These are tough situations that call for all the help you can get.

How to choose the right legal representation?

All parents of children with cerebral palsy have the right to understand their legal rights. They might be entitled to receive compensations from the healthcare provider or medical team responsible for the development of these symptoms. It is imperative for them to find out about all the financial support they can get for supporting a child’s lifelong treatments. While any attorney might advise you to file a lawsuit, only a medical malpractice lawyer, who specializes in cerebral palsy can guide you adequately. The trial involving an infant with cerebral palsy is usually extremely intricate. Choosing an attorney who does not have the training and experience might be easier on your pocket, but it will cost you in the long run. Always find legal representation that will provide you with the best chances to win the case.

If possible, interact with parents of children with cerebral palsy to find out about the challenges they have faced during the lawsuit. Ask for recommendations. In the world of medicine and law, references and recommendations can go a long way. Make a shortlist of lawyers in your area who specialize in cerebral palsy medical malpractice lawsuits. Finding someone within your state is essential. The medical malpractice laws can vary slightly depending on the state of your residence. Apart from taking a look at their website, which should mention cerebral palsy as one of their expert fields, you should check their past cases. Find out how many similar cases they have won in the recent past. Not finding the right legal representation can lead to disappointment, confusion, frustration, and harassment. New parents definitely do not need the added headache. You can switch attorneys during any part of the process, but always do a little homework to make an informed decision.

February 18, 2019 · Tim Kevan · Comments Closed
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Monday morning with Alex Williams’ cartoons

qccartoon This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

February 18, 2019 · Tim Kevan · Comments Closed
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Monday morning with Alex Williams’ cartoons

qccartoon This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

February 11, 2019 · Tim Kevan · Comments Closed
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Tips for Hiring a Personal Injury Attorney

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If you have been involved in an accident and sustained serious body injuries, you need to have a lawyer to help you file a suit or negotiate for a fair settlement. The insurance companies have their own lawyers and they are not really concerned about your welfare. Their goal is to save money and protect their own financial interests. Therefore, you need a good representation that equals that of an insurance company to get justice for your personal injury. Finding a good attorney is another big challenge, especially when you are nursing your injuries. This article will give you tips to help you identify a qualified lawyer for your case:

1. The Legal Fee

You might be in a bad financial situation, especially when you are nursing the injuries. Hiring a lawyer is a bit expensive, most especially when you are taking care of the medical costs. Discuss with the attorney how much they are going to charge you for the representation. Everything should be clear and in writing. Here, transparency is very important. Do not sign any agreement with lawyer, unless you agree on the legal costs. A personal injury attorney services should be affordable and transparent.

2. Ask Friends and Family

If you know any person who you can trust and has in the past used the services of a personal injury lawyer, you can ask for a referral from them. If they had a good experience dealing with the lawyer they are going to recommend a good attorney to you. Also, make use of the online reviews about a particular attorney. You will know if or not you want them to represent you. Additionally, you can listen to lawyers who refer you to an expert lawyer in this area of practice. You can consider heeding to their recommendations.

3. Experience

In the legal field, experience of the lawyer matters in a big way. Personal injury matters are very serious and it requires an attorney who has been practicing for such a long time. Request to know for how long the attorney you intend to hire has been practicing and most especially in the personal injury field. You can ask them to show you particular cases that they have handled. You should know if this attorney is an expert in the personal injury field. Do a little research about the attorney. This way you will be sure to let an expert deal with your case for a positive outcome.

4. Shop Around

Do not just settle for the first attorney you talk to. Talk to a few more. You will get a chance to compare the attorneys with good services and are cost-friendly. The criteria to pick the best attorney are: consider if the law firm you went to allowed you speak to the actual lawyer or just any other staff member at the office. Did the attorney take their time to listen and understand your case? Consider the options given to you. Remember to trust your gut in such cases. If it does not feel right, it is not.

Consider to check different personal injury attorneys online within your area. It will help you narrow down your search. Check the bar status of the attorneys to ascertain they are qualified and that they do not have any malpractices issues.

There are so many attorneys in the field today. This is why it is difficult to find a good and a qualified one. However, with these factors, you can find a great attorney for your personal injury case. Get an attorney who is mostly specialized and experienced in dealing with the personal injury cases.

February 4, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Monday morning with Alex Williams’ cartoons

qccartoon This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

February 4, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

How to Choose a Divorce Solicitor

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A quick Google search for advice when going through a divorce will reveal a lot of websites that claim to provide the best advice on the matter – all offering to guide you through the process. The problem is that not all of them are solicitors and as such may not offer the best advice on the subject. I don’t doubt the legitimacy of these websites and their owners, but if they are not solicitors, how helpful can they be to you.

As a solicitor, I have spent more than 25 years representing clients in front of judges in the divorce court. When I see some of the very divergent views offered on the same topic by some of these divorce websites, I wonder at their effectiveness. Choosing a solicitor to represent you in your divorce proceedings is getting harder, not easier and some of these websites are not helping.

Sure, you can find the law set out on one of these websites. But you must be able to interpret this legal advice to your particular situation and specific circumstances. It is common practice to seek a qualified professional to help you with advice and services for something important (I can personally recommend Goodman Ray Solicitors. For example, you wouldn’t go to an accountant with a toothache. Similarly, the best place to find legal advice about your divorce is from a qualified solicitor. A divorce solicitor has seen every scenario related to a divorce and will have the necessary advice to help you through your particular situation.

In this guide, it is my hope that you will find the best criteria to choose a qualified and relevant divorce solicitor with the necessary commitment to see your case through;

  • Choose a solicitor who is registered with the Law Society and is registered and regulated by the Solicitors Regulation Authority. You can search for their membership on www.lawsociety.org.uk or www.sra.org.uk
  • Your solicitor’s advice should also be covered by insurance known as Professional Indemnity Insurance. This is the first thing you should ask your solicitor to show you.
  • You should also note that Divorce law is very different from family law. Most professional divorce lawyers are members of Resolution, a national group of such family lawyers sworn to abide by a Code of Practice to work in a non-confrontational way. You can find out more at www.resolution.org.uk
  • Resolution will have its own panel of Accredited Specialists Lawyers, where a family lawyer is often a specialist in two or more areas of family law.
  • Some of these specialist family lawyers are members of the Law Society’s Family Law Panel.
  • Some family lawyers are also qualified collaborative lawyers who can offer you constructive advice on divorce and separation.
  • While it may not be essential to seek one of these collaborative lawyers, it may show whether the lawyer you are consulting can offer other options by also being a Family Mediator.
  • You want to go for a lawyer with the most experience, particularly a lawyer with more years spent in advocacy in court. Ask and do your research to determine if the lawyer you want to consult with has the necessary experience.
  • You may also want to try and determine if the lawyer is on any national bodies and committees. These lawyers are often instrumental in shaping how the family justice system works.
  • Word of mouth recommendations can also be very helpful when choosing a divorce solicitor. If the lawyer was very helpful to a friend of yours or family member, there is a good chance they could be very helpful to you.
  • Choosing a solicitor is much like choosing a dentist or doctor; the choice is very personal. Chose a lawyer who feels right to you and one who is likely to provide you with the best possible advice on your particular situation.

It is my hope that the information advice will help you find a divorce solicitor who can give you qualified and experienced legal advice. To avoid problems with your divorce, don’t settle on online advice.

January 31, 2019 · Tim Kevan · Comments Closed
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When Do You Need Consultation Service of Personal Injury Lawyers?

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At different stages of life, one may need a personal injury lawyer. Meeting an accident is always unwanted, though we never know what the future has in store for us. We have to accept the reality, and we need to be prepared in that way. For personal injury in the USA, claim settlement has been regarded as a matter of complexity. It is not easy to settle the claims when you do not have the support of experienced and specialised lawyers. A personal injury lawyer is a person who shall analyse your claim and initiate legal process to settle your claim. When do you need a personal injury lawyer? Here are some of the instances for you when personal injury attorneys are required.

1. Car Accidents

When you meet a car accident, you would require a personal injury attorney if you think that the accident occurred due to someone else’s negligence or fault. If the road condition was poor, you can hold the local civic body as responsible and claim compensation. If you were running the car perfectly, but the accident happened due to another car’s driver, you can also claim compensation. Sometimes, you are not the victim, but you have been identified as guilty of a car accident. If you think that you have been falsely charged with the guilt in the car accident and claim for compensation is unfair, you should go for a professional and reliable personal attorney.

2. Accidents at the Workplace

When it comes to personal injury cases, car accident related cases mostly dominate the number of cases. However, there could be other cases of personal injury. Among those other cases, the most popular is worker compensation claim. When an accident occurs at the workplace due to poor infrastructure and security arrangements for the employees, the victim can opt for a legal trial against the employer. The victim would demand compensation from the employer for the losses that he has to suffer due to the accident. Workplace accidents can be dangerous, and sometimes life losses of employees occur. In such cases, compensation is claimed by the family members of the deceased person. For claim settlement, it is important to consult professional and reliable personal injury lawyers Perth.

3. Random Injury Cases

There could be various random injury cases, which can be regarded as situations for a personal injury settlement. For example, an industrial plant may have accidentally released harmful gases that can cause injuries to people in a neighbourhood. The injured people can claim the compensation. Any sorts of environmental hazards caused by you in your neighbourhood resulting in injury to others will make you as guilty. The injured person would claim compensation for the medical expenses.

In different cases, claims are different. The unique thing is that personal injury cases are always different as well as unique. You need to understand each case by its merit.  Only a veteran lawyer can help you in this regard. Sometimes, people get overenthusiastic about the compensation claim. The lawyer can help people to understand the claim that they may demand.

January 29, 2019 · Tim Kevan · Comments Closed
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What are the potential benefits of hiring a personal injury lawyer?

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If you have recently met with an accident in the USA, then one needs to hire a personal injury lawyer that can solve every case with ease. Sometimes choosing a professional attorney can be daunting because one has to analyze lots of important things.  It is your responsibility to look out a professional lawyer who will make a strong case. Before choosing a lawyer, one has to analyze the skills and level of experience carefully.  If possible, then one should hire a most popular lawyer in the city only. All things depend on the requirements and budget.

A professional will give you estimate related to the case. One should share everything related to the accident. If you are hiding something, then it would be quite difficult to win the case. One should make the use of online directories that would be helpful for you. Before making a final decision, one should read the complete history of a lawyer. If he is enough potential or skilled, then you can get compensation with ease. Following are the potential benefits of hiring a personal injury lawyer.

  • Knowledge of personal injury law

Nothing is better than a personal injury professional lawyer because he is skilled enough and will handle every case with ease.  With the help of a lawyer, one will able to get the compensation of injury with ease.  As per professionals, if you have met with a car accident, then you won’t get the full compensation. All things depend on the rules and regulation of the state. Compensation depends on the involvement in a car accident.  Before hiring any lawyer, one should check the insurance and other things related to the field.

  • Insurance

Are you familiar with insurance law? It is a really important thing that will give you compensation with ease. If a lawyer knows insurance law, then you can easily get more than $10000 compensation in the fraction of seconds.  Apart from that, under state rules and regulations, one will able to receive more compensation from another person.

  • Injury is worth

No doubt, a personal attorney can understand the potential value of the injuries. He will automatically decrease the chances of compensation that you entitled. Overall, it is your responsibility to hire a personal lawyer according to the experience, skill and other things.  If you are hiring an experienced lawyer, then you can expect something better from him.

  • Value of case

A personal injury lawyer will correctly assess the total value of the case.  A professional attorney will make a particular settlement with accused and will provide compensation to you. Make sure that lawyer is enough experienced and skilled who can handle the complicated situations with ease. If possible, then one should always consider Zehl personal injury lawyer only because they will handle complicated situations and problems with ease. Moving further, If you want to win the case in a short period, then one should always consider a professional lawyer only because they will able to handle complicated cases with ease.

January 29, 2019 · Tim Kevan · Comments Closed
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3 Lawyer Myths Debunked

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If you have a property dispute or wronged by an insurance provider, you will need a lawyer. Yet, you feel skeptical to contact a professional. That is because many misconceptions surrounding attorneys make people hesitant to seek their services. Many think that lawyers may rip them off financially. According to an article published on https://www.huffingtonpost.com, lawyer services are not always expensive because you will find legal assistance online, some of which are free of cost. These services are meant for small business owners and individuals as well. Therefore, lawyer services are affordable at times depending on a case. You should always get in touch with a legal professional to get the justice you deserve. Attorneys are hard working people who walk the extra mile to help their clients. Read on to learn about three of these lawyer myths.

1. Appointing a Lawyer Is Costly

Did you know that legal services are not meant only for the rich? Even people with a moderate income can seek legal assistance without burning a hole in their pocket. You may qualify for subsidized legal assistance if your monthly income is below a certain level. Again, lawyer fees depend on a host of factors including the financial condition of a client and the type of case. A few attorneys charge an hourly fee, a flat rate, a contingency fee, or a retainer. When it comes to personal injury lawyers, they will charge you only after winning the case, usually 30 percent to 40 percent. You can research on the internet to learn more about fees or charges. You can consider Boss Lawyers Brisbane or others if you need legal help. If you have budget constraints, you can request a free consultation. However, before availing any services, always ask how much a lawyer will charge.

2. All Lawyers Are Dishonest

Wrong! It is a complete lie. Not all legal experts are the same. As far as reputed lawyers are concerned, they do not arrange secret deals with the police, prosecution, and judges. On the contrary, they toil hard to help their clients win a case. Plea bargaining is a possibility, but it is 100 percent legitimate and is the best solution for you if you are tangled in a complex legal battle and looking for a quick resolution. Therefore, you should trust lawyers. Of course, you must check an attorney’s reputation, experience, and client testimonials before hiring him.

3. Good Lawyers Always Win

Did you know that even the most experienced lawyers might lose a case? Of course, all lawyers win easy cases, but when it comes to difficult ones, even attorneys with a good record of accomplishment may not make his mark. If you are fighting a case against a corporation or the medical industry, no one can assure 100 percent chances of winning the legal battle. Of course, lawyers are smart, motivated, skilled, and spend several hours to a case, but no can negate the chances of losing.

Conclusion

Now that you know about these myths and reality, it is easy for you to seek legal assistance, if there is a need. Be confident when hiring an attorney.

January 28, 2019 · Tim Kevan · Comments Closed
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