4 Ways To Help Your Lawyer Assist You To When you really need a legal professional at all, you need to work closely with them so that you can win your case. Irrespective of how competent they are, they're likely to need your help. Listed below are four important approaches to help your legal team allow you to win: 1. Be Totally Honest And Up Your lawyers need and expect your complete cooperation - whatever information you're planning to reveal in their mind. Privilege means what you say is kept in confidence, so don't hold anything back. Your legal team should know all things in advance - especially information other side could check out and surprise you with later. 2. Provide Meticulous Records Keep a regular and factual account of all the information related to your case. Whether it's witnesses or payments being made, provide your attorneys with all the current data they have to enable them to win. 3. Turn Up Early For All Engagements Not be late when you're appearing before a court and avoid wasting the attorney's time, too, when you are on time, each and every time. In reality, because you might need to discuss eleventh hour details or perhaps be extra ready for the truth you're facing, it's a good idea to arrive early. 4. Demonstrate Which You Have Your Act Together If you've been charged with any kind of crime, it's important to be able to convince the legal court that you both regret the actions and they are making strides toward enhancing your life. By way of example, if you're facing a DUI, volunteer to get a rehab program. Be sincere and included in the community the judge is presiding over. Working more closely with your legal team increases your odds of absolute success. Follow these tips, listen closely to how you're advised and ultimately, you should win your case.
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Is It Possible To Plead Down A Dui Charge To Reckless Driving? No Evidence?
Someone Close To Me Has An Upcoming Trial For Dui And Some Other Charges E.G. Driving Too Fast For Conditions, Failing To Report An Accident. This Would Be His 3Rd Dui In 10 Years So We Are Trying To Avoid A Conviction Based On Lack Of Evidence:
--No One (Including Cops) Saw Him Behind The Wheel Of The Car Involved In The Accident.
--No Breathalyzer Or Blood Test Was Done.
--In The Police Report, The Officer Wrote That He &Quot;Felt&Quot; This Person Was Under The Influence.
--This Person Was Arrested At The Jail After Turning Himself In, Not The Scene Of The Crime.
The Burden Of Proof Is On The Prosecutor And I'M Not Sure They Could Convince Someone That He Was Driving While Intoxicated &Quot;Beyond A Reasonable Doubt.&Quot; He Could Be Covering For Someone, Or Maybe A Deer Ran Out Into The Road But He Didn'T Want The Owner Of The Car To Know About It And So He Panicked.
His Lawyer Does Not Seem To Want To Fight For Him. Is There Any Hope For Him If He Takes It To Trial And Presents His Own Defense?
Also, The Damages To Personal Property Were Paid For With A Check (Cash) So There Were No Entities Involved In Taking On Debt So That He Could Correct His Actions.
It's possible to plead down a DWI, difficult as heck ... but possible!
He needs a lawyer that specializes in DWI/DUI defense, and that actually wants to work for him. Sounds like he has neither at present. He should not try to present his own case, he will lose the case and get hit with a well deserved penalty.
He can't afford to have a lawyer that does not want to work for him on the case, even if that lawyer is provided at no cost.
As much as I hate drunk drivers, even a 3 time loser like this deserves the best defense that can be provided for him. He will probably be found guilty even with a top notch lawyer, but at least he will not be able to blame "ineffective counsel" for the loss.
California Dui Misdemeanor Or Felony?
I Head That In 1981 A Change In California Law , Which Became Effective 1/1/1982, Made All Arrests For Dui A Felony And There No Longer Was Such A Thing As Misdemeanor Dui In California... It This True. Did That Happen And/Or Was That Change Repealed Since.
In California a DUI can be charged as EITHER a midsdemeanor OR a Felony at the discretion of the office who is prosecuting the case.
A basic DUI with no past criminal record will usually be charged as a misdemeanor...
But prior DUI convictions, injuries to pasengers or others, or deaths as well as some other circumstances may elevate the DUI to a felony...
For more answers, visit www.lacd.com
Attorney'S Fee Provision In Employment Contract (Ohio)?
So There'S A Non Compete Agreement With An Employee. It'S Totally Over Reaching And Says Basically That He Can'T Work Anywhere In The Us For 3 Years After Leaving The Job Or Being Terminated For Any Reason. The Worker Has No Special Skills And Was Just Selling Basic Stuff So Cog In The Machine. I Think A Court Either Won'T Enforce This Part Or Will Reform It So He Can Work Somewhere In The Us Sometime In The Next Three Years, Because Otherwise He'S Just Gonna Starve Which Is Nuts.
The Problem Is, There'S A Part In The Contract That Says, &Quot;Employer Will Recover Any And All Legal Fees Related To Enforcement Of This Contract.&Quot; Usually In The Us You Pay Your Own Lawyer Fees, But I Know You Can Shift The Costs So The Losing Side Pays.
Can You Make It So The Employee Always Pays The Employer No Matter What?
It Just Seems Unfair In The Extreme. The Employer Writes The Contract And Says &Quot;Sign It Or You Don'T Get A [Terrible] Job,&Quot; So You'Re Basically Stuck With Paying For Their High Priced Lawyers Even If You Win Against The Employer When They Sue You Or They End Up Being Wrong. This Is In Ohio By The Way.
The attorney fee provision is arguably void as against public policy. The broad geographic limitations of the non compete clause have been deemed unreasonable in every jurisdiction. My response would be to find employment and if your ex employer is foolish enough to pursue enforcing the agreement then you challenge it.
Attorney fee provisions requiring one party to pay regardless of the outcome of the litigation are void. Fees can be awarded by statute, or by agreement of the parties. My legal argument would be the non compete agreement is void on its face and consequently all provisions contained therein are void. Out of curiosity is there a severability clause in the agreement?
I'M Hoping I Get Real Answers From Real Trial Attorneys, I Know This Sounds Kind Of Ridiculous And I Need To Take Everything I See On Tv With A Grain Of Salt, But, I'Ve Been Watching A Lot Of Law And Order And Svu A Lot Lately And In The Trial Part Of The Shows, A Lot Of Times The Lawyers Will Make Statements In Court That Will Be Objected To By The Other Lawyer, The Statement Will Be Sustained By The Judge, But The Jury Still Hears It And Though The Jury Is Told To Ignore The Statement By The Judge (&Quot;The Jury Will Disregard....&Quot;, How Much Do You Think They (The Jury) Actually Ignore It? In Addition, Does This Type Of Questioning Actually Occur In Open Court? Where A Lawyer Makes An Inflammatory Statement That They Know Will Get Sustained So Obviously For The Benefit Of The Jury To Here Excluded Statements Or Evidence? I Would Guess No Real Judge Would Ever Put Up With It And Declare A Mistrial.
If the other attorney makes an objectionable statement, the objecting attorney must
2) If the objection is sustained, ask for a curative instruction (I.e. please tell the jury to disregard...)
3) Request a mistrial
The judge won't grant a mistrial, but you have to keep asking until you get an adverse response. This allows you to preserve the error for appeal.
If you lose the case, you can cite the judge's refusal to grant a mistrial as grounds for an appeal.
Edit: Mistrials are very rare. On appeal the Court can (a) affirm the trial court ruling, (b) remand the case to the trial court for reconsideration of a particular issue, (c) reverse the trial court ruling and remand it for consideration, or (d) overrule the trial court in cases of clear abuse of discretion.
Most shows are not very accurate. The most accurate I've seen is Law & Order. The least accurate is Judge Judy (ironically).
Can My Injury Settlement Be Taxed?
It Was For Bodily Harm It Hapend When I Was 11 Im 18 And Getting It Now
It is possible that you could be receiving some taxable income from the amount of your injury settlement it will depend on the amount has been set up and who is paying you this settlement amount.
You should try and get some information from the payer of the settlement funds if the amounts are coming from a trust account you could have some taxable income.
After the end of the tax year January and February 2011 and if you receive a 1099 information form you will know that you have received some taxable income that was included in the amount of your settlement that you will have to report on your 1040 federal income tax return.
Hope that you find the above enclosed information useful and good luck
How Does Where I Go To College Effect My Admission / Acceptance Into Graduate School (Law)?
I Want To Work For A Top Manhattan Law Firm.....Form What I Heard, Law Firms Only Pay Attention To Where I Went To Law School. So I Ask, Why Does Going To An Ivy League College Help Me. Do You Know Of Any Reasons. And, How Does Going To An Ivy League School Help Me Get Into My Dream Law School (Harvard Law) As Oppsoed To If I Went To A Community College??? Thx
The TOP Manhattan law firms only recruit from the top law schools, so you want to get into a top 15 law school if possible. They're looking for candidates who are not only super-smart, but are also extremely hard-working, have good social skills, and have a certain polish to them. To get into a top law school, you need to have good grades as an undergraduate, great LSAT scores, good extracurriculars, great recommendations, and hopefully something else that will make you stand out from the crowd. Law firms admit their students from a variety of colleges and universities, public and private, from around the country. If you do well at a top college or university, it only strengthens your law school application.