A criminal attorney is bound to a certain code of ethics, just like any other profession that you can name. For this reason, many clients may wonder if a criminal attorney will still represent them, even if they are guilty. While these ethical standards are very important, they do not preclude an attorney from representing a guilty client.
When representing a guilty client, the entire legal strategy changes. Time spent gathering evidence to potentially exonerate a person is spent on trying to obtain a lesser sentence and researching maximum and minimum penalties instead.
An attorney cannot lie in a court of law if they know something. So this means that they will usually excuse themselves from certain aspects of your version of events. Otherwise, the oath that they took as attorneys obligates them to tell the entire truth. When you know that you are guilty, it is best to omit certain details, so that your criminal attorney can still build a case.
When your attorney knows that you are guilty, they can work to persuade the judge and prosecution to give you a lesser sentence. They will push for a plea bargain, which allows you to plead guilty, but to a lesser charge, for a lesser sentence. Instead of pleading guilty to a drug distribution charge, you may be able to plead guilty to a drug possession charge.
While they cannot get your charges dropped or win an acquittal, they can put you into a much better position once it comes time to be sentenced. It is a grave error in judgment to simply assume that you are guilty and not hire a criminal attorney. Your chances of receiving any sort of leniency are all but thrown out of the window at that point.
Your attorney can also help you by obtaining character references that speak to your level of remorse for your actions. Writing an apology letter also goes a long way towards displaying the correct level of contriteness for what you’ve done. Anything that can help the judge to look upon with increased favor will be suggested by your attorney.
One thing a criminal attorney will not do for a client who is considered to be guilty is help them to plead not guilty. This represents a major conflict of interest, as you reduce their ability to defend you without being dishonest.
A criminal attorney represents you if you are guilty, provided you are honest and forthcoming as possible. They cannot lie on your behalf, but they can defend you to the best of their abilities. If you have been arrested for a criminal charge and are facing a long sentence, hiring an attorney may be the last option available to you. Don’t delay, call today.
Will A San Bernardino Truck Accident Attorney Oversee Dot Records?
For quite some time, one out of eight automotive accident injuries or fatalities have involved large trucks like tractor trailers, big rigs and commercial vehicles. If you have been in an accident and found yourself wondering exactly what was going to happen with your attorney and what they’ll be asking you, here is the answer.
A San Bernardino truck accident attorney will do anything they can to help. This will mean telling them everything that happened. San Bernardino truck accident attorneys are specialists in the law and very knowledgeable in truck regulations, as it is what they do. Your attorney will need to know and understand everything that has happened to be able to put your case together properly.
Well, at first, your attorney will determine whether you have a case or not and once you’ve passed that check point, they will begin to collect the necessary information they need – How the accident could have been prevented, when it occurred, where it occurred, who else was involved, what actually happened, and even if you have consumed any alcohol or drugs before the accident, if you were using your cell phone at the moment of the accident, or if you have failed to follow the traffic laws, or was simply distracted.
This is where your San Bernardino truck accident attorney will need to know everything in order to help with your case as best as they can. They do need to see your records and documents, see your information, look at your medical bills (if you were injured), and talk with the insurance company.
A DOT review simply gives your attorney the information they need to know and also determines whether you have been keeping safe or whether you’ve been in any accidents.
While your San Bernardino truck accident attorney reviews your DOT records, there will be a few things that they will be looking at. Your general information of any accidents you may have had previously, such as the accident date, the location, driver’s name, number of injuries and/or fatalities. Next they’ll check your pre-employment drug and alcohol test as well as the post-accident drug and alcohol test. Once that is over, they’ll check your hours of operation and examine your truck, inspect it, but also take the basic information.
After all the information is reviewed, you will receive a rating of Satisfactory (which could only mean that you have done at least the minimum of keeping safe), Conditional or Unsatisfactory.
So, the answer as to whether or not your San Bernardino truck accident attorney will review your DOT records is: Yes. Just keep in mind that it is important information that is necessary for them to see, in order to further help you with your case.
5 People A Riverside, CA Wrongful Death Lawyer May Talk To
A personal injury case that ends in the death of someone is considered a wrongful death claim. To prove wrongful death a lawyer must also prove that someone was negligent in providing care the person needed. A good Riverside, CA wrongful death lawyer will need to talk to a lot of people to help prove that a wrongful death claim exists. Here are the top 5 people that a Riverside, CA wrongful death lawyer may talk to.
DoctorIf your loved one died at the hand of a doctor a Riverside, CA wrongful death lawyer will need to get his account for what happed during his care. If your loved one was in the hospital the lawyer will talk to the attending physician as well as any nurses that were involved with your loved one’s care. Getting their account of the events is imperative to the case.
Medical examinerIn wrongful death cases the medical examiner (ME) can provide insight into the disease that your loved one faced. Their report will detail how far advance disease or illness had spread. Toxicology reports will show overdose or under-dosage of medications. All of these facts will help prove the case. Talking with the ME will help establish the disease or illness the deceased had so a Riverside, CA wrongful death lawyer will know what type of specialist doctor to talk with about the diagnosis by the original doctor.
SpecialistIn the case of a misdiagnosis or a delayed-diagnosis a specialist will help determine the “what if’s” of the case. These facts will help establish what would have happen if your loved one had of received the correct diagnosis in time. A Riverside, CA wrongful death lawyer can determine what type of diagnosis the decease should have received and what kind of care they should’ve received by talking to a doctor that specializes in the same field as the original doctor.
PoliceIt is recommended that you make a police report after your loved one dies especially if you believe that your loved one received the wrong dosage of medication and the party administering it was negligent. The police will begin an investigation into your claim. Their findings can be valuable in settling your case early. The police will uncover the information you need to prove your case.
Family membersFamily members of the loved one can help determine what the deceased with through during their illness. Loved ones will know firsthand the signs and symptoms that were improperly diagnosed, missed by the doctor, or determined to be the cause of some other disease. A Riverside, CA wrongful death lawyer will use the families account of the persons demeanor before and after diagnosis, their quality of life, as well as how their future plans were cut short to show that the deceased died prematurely.
Can A Personal Injury Attorney In San Bernardino Help Me Settle Out Of Court?
A personal injury attorney in San Bernardino can help settle out of court. A lawyer will always advise that his or her clients be prepared to go to court if they are not offered the settlement they deserve. If an insurance company, the defendant, or claims adjuster suspects that the case won’t go to trial; the value of the case will not be as high.
There is a two year statute of limitation for personal injury claims so if a case is not filed in court before then no money will be recovered at all. Filing a claim outside these parameters will be against the law. Some serious cases hardly ever get solved unless they go to court. It is estimated that 98% of personal injury cases settle out of court without ever going to trail.
It must be note that cases do not settle out of court, they normally settle before the actual court date. Meaning that your lawyer will file a personal injury lawsuit in a court of law and while preparing your case your lawyer will still negotiate your case with the defendant or insurance company. Most will settle because going to court lead the case open to the chance that a judge or jury will award far more than what can be negotiated in a settlement.
With the pressure of an appointment of a judge and a trial date an injured party is more likely to receive a fair and reasonable settlement. A good personal injury attorney in San Bernardino will file your case early; many times a case is not filed until negotiations have failed by that time a settlement is delayed because you have to wait for a court date.
In order for a personal injury attorney in San Bernardino to settle a case a client must remember to get a fair settlement:
- Never talk to anyone about your case except your lawyer.
- Keep all your medical appointment and follow your doctors directives regarding your injuries.
- Allow the appropriate departments to conduct their investigations (i.e. police or medical personnel).
- Before making repair take photos of the damage; delay repairs until you get an “ok” from your lawyer.
- Do not sign any papers from the other party’s insurance company without your lawyers consent; even medical release forms.
- Consult a lawyer for pleading guilty for a traffic offense related to the accident.
- Try to avoid talking to the insurance adjuster and do not let them pressure you into settling your case.
- Know your damages including medical, the cost for fixing your car, psychological, and other damages. Also keep all the bills and receipts related to your accident.
- Be prepared to go to court if the offer is not a fair settlement offer.
- Work with a qualified personal injury attorney in San Bernardino.
Top Injuries A Personal Injury Lawyer Represents
A personal injury lawyer may practice in several areas of the law that involve injury or they may specialize in a single type of injury law. Some of the most common and critical areas of injury that a personal injury lawyer may represent you in are wrongful death, medical malpractice, product liability, automobile accidents, accidents caused by transfer trucks, drug liability, and birth injury.
Wrongful death means that a person died as the result of negligence or reckless behavior of an employer, a physician, or a person driving a car or truck, or a train, or an airplane. In many instances a wrongful death can result from all the other areas of practice that a personal injury lawyer is active in. The purpose of wrongful death litigation is to compensate the family for the loss of their family member and in most instances the loss of the income that person provided for their family.
Medical malpractice involves injury that results from the irresponsible or inappropriate actions of a physician, hospital, or other medical practitioner that results in serious bodily injury or disability. The idea is to receive compensation for your pain, loss of your income, medical costs, and to prevent other people from suffering the same type of disaster in their lives.
Product liability involves any injury or loss of income or property that results from a defect in a product that is sold. The products can range from an automobile to a sewing kit. The key information that a personal injury lawyer looks for in these cases is the fact that a company did not follow manufacturing rules according to government standards or tried to hide the defect in the product.
Automobile accidents and accidents involving large transfer trucks happen every day. If a person is injured, loses their ability to work, or has huge medical bills resulting from an accident an experienced personal injury lawyer can help them recover the losses.
Accidents involving truck are treated as a separate branch of law because the truck is usually owned by a corporation and the corporation has several lawyers to protect their interest whereas an individual does not. Usually you file suit against an individual’s insurance company.
Most people are familiar with the recent decision about antidepressants like Paxil that caused birth defects. Birth defects are a special area of practice that is a part of drug liability litigation. The basic idea is that a drug manufacturer did not do all the testing possible to insure their drug did not produce dangerous or injurious side effects.
A personal injury lawyer quite often is versed in all of these types of injuries and the methods of pursuing a guilty party so their clients receive justifiable compensation for their injuries caused by another person or a product.