Legal defenses are used by defendants that have been charged with a crime. The defense is used in an effort to get the charges brought upon the individual dismissed or reduced, or at least initiate less harsh punishment. It is important that you, along with a lawyer experienced in your case type, plan a proper defense in your case, else your day in court may be anything but what you expected it to be. The following 5 legal defenses are all defenses that have been used in court on at least one occasion (and no question many additional times) but shouldn’t have been. Whether it was the un-expertise of an attorney or a defendant attempting to handle their case on their own, it was less than stellar thinking when using these defenses.
I was Intoxicated
Whether you’ve been charged with assault or robbery or something else, using intoxication as a defense is probably the last thing that you want to do. Many people feel that it is an appropriate defense that gives them a reason why they committed the crime, however, judges look at it in the entire opposite way, citing it as nothing more than an excuse.
The insanity defense is one that isn’t attempted often, but it usually fails to provide results on those rare occasions that it is used. When the insanity plea is used in a court case, it is oftentimes for a major crime, such as murder. Proving insanity isn’t easy and most people don’t fit the criteria to be classified as such after examination by a licensed medical provider.
Can’t recall what happened on the night in question? You might think that this will get you out of your trouble, but the truth is, no judge is going to buy the argument (unless, of course, you’ve suffered a concussion or health health-related ailment to cause such to happen.) Don’t try to get out of the case by saying that you don’t recall the events.
You might be surprised at the number of attempts used at beating a case with a sleepwalking defense. Unless you have prior medical documentation of such happening to you, this is a defense that is unlikely to provide you with any relief.
Proving that you weren’t at the scene of the crime, thus incapable of being guilty, by way of alibis is a defense oftentimes seen as beneficial, however, it doesn’t work as often as people like to think. This is , of course, unless you have solid documents proving your whereabouts, such as records from the hospital or a correctional facility.
Always hire a lawyer experienced with your criminal charge to avoid any blunders with your defense strategy. You certainly don’t want to be in court with any of the defenses listed above, but there are others to be aware of as well.
Every eight seconds, a car accident occurs in the U.S. Many of those accidents causes serious damage and injury, leaving lives forever shattered. Furthermore, many of those accidents could’ve been prevented had one driver been paying attention to the road. If you’ve been involved in a car accident and have injuries and damages, you need a lawyer to represent you. There are many reasons why it is imperative to have a car accident attorney on your side. Here we will take a look at the top 8 reasons to hire this legal expert for your legal matter.
Although the accident may seem cut and dry in your eyes, in the legal system, it is anything but simple. Lawyers understand the complex issues that surround car accidents. They have the knowledge that is needed to handle the matter from start to finish.
Get more Money
With an attorney on your case, you can always expect to get the most money for your injuries, medical bills, pain and suffering, and even lost wages. Don’t settle for an amount that doesn’t come close to helping make you whole again.
Hiring an attorney also saves time. While a case that has to go to court can take months on end to resolve, an attorney may be able to come up with a settlement before court, making it easier to resolve the matter.
No Upfront Money Needed
If you don’t have any money to hire a lawyer, don’t let that stop you from making your way into the office for a free consultation. Lawyers who handle car accident cases work on a contingency basis. They are paid only if and when you win your case.
Insurance Company Hassles
The insurance companies have one goal in mind, and that is to give you as little money as possible after the accident. This isn’t justice. To make matters even worse, insurance companies have big lawyers working on their side that you cannot possibly challenge on your own. Your lawyer, on the other hand, is ready to tackle any challenge that comes his way, including the insurance company and their big-wig lawyers.
Peace of Mind
There is an awesome satisfaction that comes when there is an accident attorney representing you. This is not something that you get when you try to handle things on your own. If you seek peace of mind after a difficult accident, the lawyer provides you with everything that you need.
Do it Right
There are deadlines in place for filing a claim, but there are also rules, regulations and right and wrong ways to do things involving your accident. One wrong move could send your case crumbling in the wrong direction. Don’t let this happen when it is as easy as hiring a lawyer!
Ensure that Justice is Served
Perhaps filing a lawsuit will make the responsible party think twice before they get behind the wheel of a vehicle again. Whole nothing can change the accident and what has happened to you, being able to prevent it from occurring again to someone else is very desirable.
As more and more states legalize marijuana for both medical and recreational purposes, many individuals are getting a false sense of security surrounding the drug. As the third most popular recreational drug used in America (behind alcohol and tobacco,) with more than 100 million people having used it at least on one occasion, marijuana crimes seem to be on the rise, despite the increasing numbers of pro-marijuana supporters.
The fact is, marijuana is illegal in the state of Alabama. In fact, it is illegal for recreational purposes in all US states with the exception of Washington state and Colorado. Possession of any amount of the drug may result in criminal charges, with penalties of up to 11 months, 29 days in jail if you’re caught with up to 1 kilogram; prison time of as long as 10 years, fines, and harsher penalties are in effect for those with larger amounts of the drug and for those accused of harvesting or selling marijuana.
Don’t assume that judges are lenient with those charged with marijuana= related crimes; they are not. Judges oftentimes look at those who’ve been charged with marijuana-related crimes in the same manner as they look at those who’ve been charged with possession of cocaine or heroin. In the eyes of the law, marijuana is a Schedule I narcotic, the most dangerous of all. Judges treat it as seriously as the law allows.
Drug trafficking in the state carries mandatory sentences. A first-time conviction carries a mandatory three years’ in prison, for amounts over 1 kg, but less than 100 pounds; and a mandatory sentence of five years in prison for amounts over 100 pounds and no more than 500 pounds; and a mandatory sentence of 15 years’ in prison for amounts up to 1,000 pounds; for amounts over 1,000 pounds, a mandatory life imprisonment sentence is placed into effect. Yes, you can receive a sentence of life in prison over marijuana!
Cultivation, trafficking, and possession of marijuana is illegal, as is possessing any type of paraphernalia related to the drug. This includes scales, pipes, bongs, grow kits, sifters, etc. A first-time conviction of paraphernalia possession is a Class A misdemeanor, punishable by up to 11 months, 29 days in jail and a fine of $6,000. A second or subsequent offense is a Class C felony, punishable by up to 10 years in prison.
If you’ve been charged with a marijuana related crime, even if it is only a small amount or only drug paraphernalia, it is in your best interest to speak to a lawyer. An Alabama marijuana criminal lawyer can ensure that these harsh sentences do not turn your life upside down, helping you get a lighter sentence for a conviction, or hopefully the charge dismissed all together.
If you’ve been charged with a crime, the possibility of going to jail or prison is a big concern. Lesser consequences of a conviction are nonetheless worrisome, since you may face probation, court required classes, fines, and a host of other penalties. If you want to make it through your criminal matter with peace of mind and sanity, it is in your best interest to hire a criminal lawyer to represent you in court.
Criminal lawyers represent men and women who’ve been charged with both misdemeanor and felony crimes. There is always the potential of jail time with either charge, not to mention an array of additional life altering consequences of a conviction. With a lawyer, it is possible to get the case dismissed from court or charges reduced. And at a minimum, the penalty received for a conviction of the crime is lessened. There are so many different crimes for which a criminal lawyer should defend you for the results that you expect.
Research Reveals the best
Choosing a lawyer is never simple. There are so many criminal lawyers out there who promise to be the very best. How do you know when to all the bluff and when to choose the best lawyer? With a bit of research, choosing a great criminal lawyer is far easier and less stressful.
When conducting your research, find a lawyer that handles your type of criminal matter. For example, if you’ve been charged with DUI, you want a lawyer with plenty of experience handling this type of case and maybe even specialization.
The layer should be one that is recommended by others. Reputation is always important. You can ask the lawyer for references and you can also use Google to learn more. You might even consider asking friends and family if they can help you find a great criminal lawyer.
Use the website of the law firm to help you make the best selection. The website provides you with a great deal of information that you can use to make the selection easier. The level of experience, expertise, etc. are things that you can learn on the law firm website.
What do you Think?
Never forget to include your personal feelings of the lawyer in your decision. If something just doesn’t sit well with you, there is a reason and it is safe to say that the search for a lawyer should continue. If you aren’t comfortable with the lawyers elected, the case is going to be much more difficult to get through.
The Bottom Line
With the information above, choosing a criminal lawyer to represent you is much easier than ever before. Put these details to good use and make life just a little bit easier even when everything else seems to be in total shambles and a whirl wood. You can find a great lawyer who will represent you amazingly in court when that day comes, no matter what criminal case you are facing. Take the time to find the best lawyer a get the best results in court!
Welcoming a new baby into your world is very exciting, but it is also a lot of stress because there are so many things that you must plan and prepare for. You have everyone giving you advice from left and right and it can cause even the most sane of people to feel the pressure. But, you will be happy to know that there are tax credits available to you when the baby arrives. Claiming these credits when filing your taxes is an excellent idea because it offsets some of the money you will need to pay to Uncle Sam or result in a larger refund coming your way. While it might all seem stressful now, take a load off. There is plenty of excitement coming your way very soon. Continue reading to learn more about the awesome tax credits you can claim once your new bundle of joy arrives.
This exemption is claimed on your tax return and should include your new baby. You can deduct a specific amount of money for your baby. In 2015, that amount was $4,000 but it increases each year. In addition to claiming your child, you can claim an exemption for yourself, and, if married, your spouse. So, in this scenario you would be entitled to a $12,000 deduction.
Child Tax Credit
The child tax credit is another awesome credit that you can claim on your taxes, with a deduction of up to $1,000 for each child. The child that you claim must be your child, your stepchild, your foster child, or a brother or sister or stepbrother or sister to make this deduction. This credit is available only to taxpayers who earn less than $110,000 per year.
Child and Dependent Care Credit
This credit is available to parents that paid another person to care for their dependent child under the age of 13 years old. This credit also applies to camps, school vacation and for after school programs. The amount of the credit varies, but is generally 20 to 40% of what you paid in for the care.
Get your Credits
These tax credits are very useful to new parents. There is no question they’ll serve just as valuable to you. When tax season rolls around, be sure that you use these credits when you file. You’ll be glad that you did.
If you have been accused or charged with a crime, it is a frustrating experience to say the least. It is important to protect yourself first and foremost. All too often individuals falsely accused of a crime fail to realize the severity of the accusations and the potential consequences that could result from those allegations. Do not be this person.
Why am I being Accused?
The one thing on the mind of anyone that is being falsely accused of a crime is why. There are many potential answers for that, but sometimes you’ll never know the reasoning. Sometimes people can identify the wrong suspect. The police may have interpreted evidence the wrong way. These are just a few reasons why people are charged with crimes they did not commit.
Legal Help is Imperative
If you are being charged with a crime that you did not commit, it is imperative that you talk to a lawyer at once. The sooner that you can retain an attorney the better. Together with the attorney you can collect physical evidence, including photographs, videos, and other physical objects, that may help prove that you did not commit the crime that you are being charged with.
Are there emails and text messages that may benefit your case? How about other documents, such as a letter or a financial record? If anything like this exists, make sure that you have copies and proof readily available to present to your lawyer. All of these things are important when your day in our arrives, and again, may help prove your innocence, which is the entire point of the matter.
In addition to getting all of these items together, it is also important that you make a list of potential evidence that is out there but not in your possession. For example, if there are bullets from a gun that were not recovered, make sure that this is noted.
Who Saw what Happened?
If there were witnesses to the event, make sure that this is also something that you let your lawyer know. It is important that witnesses are notified of the pending court case and potentially used to testify during the case.
Stop! Before you do these things
When you have been charged with a crime, make sure that you have anything and everything that pertains to the case inside of a special envelope or a box where it is easy to find and to keep safe. You do not want to throw any evidence away, even I you do not feel that it is beneficial to the case. Avoid contact with the victim. Even if you have questions or think that things can be worked out on their own, you do not want to strike any conversations with any of the victims in the case. Also make sure that your lawyer is present when you talk to anyone investigating the case. This includes law enforcement officers and witnesses.
Sometimes a lawyer is the one and only person we can turn to during certain events in our lives. Times such as those that require legal expertise and guidance come with a hefty price tag, but in the end most will tell you that it was well worth those costs since they avoided jail time or were finally able to succeed with that international adoption. If you think your lawyer is expensive, however, the cost of the following lawyers will blow your mind. The normal $100 – $200 an hour rates would be very much appreciated with one of these lawyers!
Howard K. Stern
Mr. Stern, who fathered a daughter with former Playboy Playmate Anna Nicole Smith, has a California based law firm where he practices various aspects of law, handling contracts with some very notable names. His hefty hourly rates can attract only those of an elevated status.
Shapiro received his notary to fame after representing O.J. Simpson in his 1995 murder trial of his wife, Nicole Brown Simpson and her alleged lover, Kato Kalyn. Shapiro has a net worth of about $50 million.
Gardner started her career as a model but quickly turned to law, putting her smarts to work for her clients and for her pocketbook. Gardner has won some cases that seemed nearly impossible, helping her earn her high status and the ability to charge far above average rates to the clients that she represents.
Willie E Gary
Willie E Gary has a said net worth of more than $100 million. Gary is indeed talented, representing clients who’ve been injured in automobile accidents, through medical malpractice and more. Known as ‘The Giant Killer,’ Gary earned his reputation as a tough lawyer by bringing down some of corporate America’s biggest names when in court. He’s oftentimes ranked as one of the best lawyers in the world by Forbes magazine, representing some of the most elite individuals in the world.
A criminal and civil defense attorney, Roy Black represented Rush Limbaugh in a 1991 rape case, earning the radio personality an acquittal of the charges. Black has represented other big names in court as well, including Justin Bieber and Kelsey Grammar.
John Branca is an entertainment and corporate lawyer. Branca has been included in every edition of the Best Lawyers in America publication and has represented some very big names in the industry, including Michael Jackson, Aerosmith, The Rolling Stones and Berry Gordy, among others.
When you think about a lawyer, it is likely that you think of criminal charges and an attorney keeping you out of hot water. But there are lawyers available to help you in many other instances in life, including with those matters closest to your heart.
Family law lawyers, as they are called, are available to help you deal with those most important matters in your life when legal issues arise. Family law lawyers handle a versatile assortment of matters involving personal issues in your life, including:
Wondering why you would need a family law lawyer in Birmingham to represent you in these matters? Take a look at these 5 reasons to hire a family lawyer for your legal matter.
Family Lawyers make things Less Difficult
So many instances of family law are those that are very close to your heart. Sometimes emotions can stand in the way of the best decision being made, especially if you are trying to handle the case without a lawyer. With a lawyer, you have the confidence that the best decision is offered rather than one made with your very emotional mind and heart.
Whether you are adopting a child from China or getting a divorce, many laws exist that must be followed precisely. The common individual isn’t familiar with many of these laws, and that can harm your case. With the assistance of an attorney, that is no longer a worry.
They Handle all the Paperwork
A family law lawyer handles all of the paperwork involved with your case. In many family law cases, there is an abundance of paperwork. One wrong mistake and you could cause major trouble in your case. With a lawyer that is one less thing for you to worry about.
Being inside of a courtroom in front of a judge can be a nerve-racking experience for any individual, especially when other factors come in to play, such as inadequate knowledge of the law. Attorneys have been in the courtroom many times in the past. They have the courtroom experience necessary to help you with your legal matter without worry.
Resolve your Matter Quicker
Sometimes you can spend an endless amount of time inside of a courtroom trying to resolve your case. With a lawyer representing you in court, you have the ability to speed your case up, and may not have to make every appearance in court.
Have you been convicted of a criminal offense and feel the verdict was unjust? You have the right to file an appeal. An appeal filing allows your case to be reheard by a higher court than the original. There are several pieces of information that you should be aware of if you’re considering filing an appeal on your criminal conviction.
First, you may not present any new evidence at the appeal hearing. Only the evidence originally admitted at the court hearing will be considered for review during your appeal case hearing. If there is new evidence that you’d like to present, this is not allowed.
You have only a specified number of days in which to file the appeal. It is imperative that you file as quickly as possible after the original ruling to avoid this time expiring.
To file an appeal, you must obtain a Notice of Appeal form. This form is available for pick-up at the local courthouse. Many times the forms are also available on the web. The form must be filled out completely with accurate information. Once the form is complete, it should be returned to the court where you wish to file the appeal. Note that there is a docket fee that must be paid at this time. The amount of this fee varies from court to court and case to case, so it is important to check your local jurisdiction to learn the amount of filing the appeal.
The next step is to file a motion for appeal. This motion must be filed within 7 days of the Notice of Appeal filing. The motion must also be completed in its entirety, listing the reason why you wish to appeal the criminal case decision, if you have the same attorney or new legal counsel if you have an attorney at all and other important information.
If you plan to appeal your criminal case decision, it is a good idea to speak to a criminal lawyer, or to the lawyer that represented you in the last hearing. Criminal lawyers understand the rules and regulations of filing an appeal and can make the process far easier.
Once the steps above have been completed, you will receive a court date or the appeal hearing. If this is not received at the same time the motion is filed, a paper will arrive in the mail notifying you of this date.
It may be necessary to file a lawsuit if you seek damages from another individual that has resulted from their wrongdoing. There are many different instances that you might wish to file a lawsuit against a person, a business, or company. Before deciding that you want to file a lawsuit, you must first determine if you are eligible to file a lawsuit.
You must be at least 18 years of age to file a lawsuit in a court of law
Are you mentally component to sue? You must be deemed mentally component
Do you have a strong case? A strong case is one that is easily settled in court because you have the right evidence to support your lawsuit. Photographs, videos, signed contracts, etc. are all great pieces of evidence to have with you for a strong case in court.
Is there still time to sue the other party? Some cases have statute of limitations in place, or a certain amount of time in which you can file your lawsuit.
If you meet all of these requirements, there’s a good chance that filing a lawsuit may be in your best interest. You should now speak to a lawyer regarding you case. Even if you think that you know all that is needed to file a lawsuit, a lawyer can provide great insight into the matter, ensuring that you gain the legal expertise needed to win the most in your case. If you are filing a lawsuit against another person, isn’t this what you want?
With a lawyer it is possible that your case will not make it to court. Instead, a settlement may be reached, allowing you and the person that you are suing to agree upon conditions of the lawsuit without the need for a judge to arbitrate. If a settlement is not reached, you will need to go to court. If you win your case, the judge may order the plaintiff or the person that you are suing, to pay the amount you are requesting or another amount, depending on his final decision of the facts of the case.
Without a lawyer it is very hard to file a lawsuit against another person, and even more difficult to do so against a big company or corporation. Lawyers know the right way to win your settlement. If you plan to file a lawsuit, be sure to take advantage of a free lawyer consultation and hire the right lawyer to stand beside you in court!