Thursday, December 5, 2013

How Criminal Lawyers Discredit Witness Testimony

Criminal lawyers experienced in trials use many methods of discrediting witness testimony, whether it is given by an expert or lay person. Usually, this is done by the criminal lawyers during direct examination.

Even though direct examination of witnesses occurs during trial, criminal lawyers will investigate and question witnesses before trial and even before pre-file for several reasons. One reason is the lawyers may want to gauge the witness's personality, demeanor, communication style and more.

Another reason may be to see how much information or evidence the witness is aware of and how much knowledge they are willing to share with the lawyers, knowing that witnesses may not initially tell everything they know about the crime or surrounding circumstances. Criminal lawyers may also want to see how honest a witness is by comparing current statements to previous statements, whether written, verbal, or taped, and comparing statements to evidence. Know that top lawyers conduct their own investigations to gather evidence and witness testimonies beneficial to the client.

There are many reasons why and when a lawyer may want to question a witness but most depend on the unique facets of the case.


Videotaped Testimony of Witnesses

Lawyers may use videotaped testimony if they believe the adverse witness would perform poorly under those circumstances, such as a witness who is likely to display negative characteristics. Witnesses who are argumentative or appear uncertain, wavering or nervous in a video tend to have these characteristics emphasized in this type of format which makes the jury less likely to believe the witness.

Trial Tactics used by Criminal Lawyers

Complex and federal cases or cases involving hearsay are inclined to have more witness testimony and thus are also more inclined to proceed though trial. There are many tactics attorneys will use during criminal trial proceedings. When criminal lawyers question the prosecutor's witnesses it is referred to as cross-examination. During cross-examination, top lawyers will show that the witness should not be given the authority of reliable testimony.

Criminal lawyers may use either harsh, nice, or a mixed style to confuse and discredit the witness, gain leverage, and or influence the jury. The best lawyers plan ahead but are also able to make split-second decisions on changing their line of questioning or style by reading the present reactions from the jury and the witness. This level of expertise comes innately to LibertyBell Law Group's lawyers but it is also gained from having worked on countless trials in state and federal courts across the nation. The lawyers from our criminal defense law firm have worked on numerous trials with all sorts of lay and expert witnesses and in all types of cases.

If you are being accused or investigated of a crime, call and speak directly with our expert criminal attorneys now at 855-LAW-PRO1 (855-529-7761) or you can also type in the details of your case in our "Case Submission Form" located on the right side of our website at for a free case evaluation.

Monday, October 28, 2013

Mail Fraud Defenses Used by Criminal Lawyers

There are numerous mail fraud defenses criminal lawyers use but each defense has to negate at least one of the two elements of mail fraud to be successful. Prosecuting attorneys must prove, beyond a reasonable doubt, mail fraud occurred because the defendant formed or planned a scheme to defraud or had intention to do so. The prosecution must also prove the use of mail as a step in the plot or essential part of the scheme. In effect the mailing must be "in furtherance", (Mail fraud case- Kann v. United States, 323 U.S. 88, 95), of the scheme to defraud.

The overly broad nature of both elements of mail fraud make it a convenient tool for prosecuting attorneys to use, but case histories have limited its power. Since the mail fraud statute was enacted there have been amendments and hundreds of cases further defining it's scope and use. Along the way, there have been some common mail fraud defenses developed by criminal lawyers applied in a general sense. However, experienced criminal lawyers know the real work is in the details and what separates the mediocre from the best lawyers.

Common Mail Fraud Defenses used by Criminal Lawyers:

  • Good Faith is a complete defense seeking to prove a defendant had no intention to defraud. It is whole because, if successful, shows an absence of fraud.
  • Puffing is a defense used by criminal lawyers contending that alleged misrepresentations are matters of opinion made by the defendant rather than intent to defraud. It is the degree of "puffing" that must be argued by lawyers and what is usually the issue in court. If there exists evidence of actual and obvious statements made about a service or product that in no way could have been possessed than this is not suitable defense.
  • Constructive Fraud defense is used by criminal lawyers when proving there was no intended fraud but rather the result of careless business conduct and gross negligence.
  • Lack of Authority of an employee or other agent who performed or schemed fraudulent acts not authorized by the defendant.
  • Uncertainty of criminal mail fraud laws is used by criminal lawyers in showing the defendant's acts are not specifically prohibited. Criminal lawyers often use this defense in conjunction with other defenses such as "puffing."
  • Statute of Limitations on Mail Fraud has run out. The statute of limitations for mail fraud is 5 years. If the mail fraud was allegedly targeting a financial institution, the statute of limitations is 10 years. For a all mail fraud cases the statute of limitations starts when the last use of mail was done, not when the scheme was devised.

There are many facets to successfully invalidating a mail fraud charge against a client by criminal lawyers, including having experience in federal courts, knowing how to build rapport with the jury, knowing when and how to deliver your arguments, knowing which witnesses to call to stand and asking questions to get favorable responses and much more. Criminal lawyers know defending mail fraud is not a walk in the park, quite the contrary. The best criminal lawyers also know how to make split-second decisions and strategic maneuvers during trials. Top criminal lawyers use a wealth of resources and dedicate lots of time behind the scenes in building a unique defense appropriate to the client and the specifics of the case.

Though there are some common defenses used for mail fraud it is the way experienced criminal lawyers innovate these defenses and, in effect, make them new that can really throw the attorneys working as the prosecution for a loop. Of course, criminal lawyers also use completely new mail fraud defenses and defense tactics as necessary in gaining a favorable outcome.

If you have been charged or are being investigated for mail fraud, (and other conjoining charges such as wire fraud), it is imperative you speak to criminal lawyers now and call 855-LAW-PRO1 (855-529-7761). The earlier a criminal lawyer can start on your case the easier the defense; criminal lawyers may also prevent or lessen the charges filed.

Friday, October 11, 2013

Criminal Lawyers on Defending Mortgage Fraud

Criminal lawyers thoroughly analyze all associated documents, the loan process, institutions and individuals involved to build a great defense for mortgage fraud. Criminal lawyers know that being one step ahead of the prosecutor and investigators is of vital importance, especially in resolving a case quickly and with optimal benefit.

In "fraud for profit" mortgage cases criminal lawyers may choose to minimize the role of their client. This defense used by criminal lawyers can be more effective when a group of individuals work together to benefit from the mortgage. The best criminal lawyers also have experts and private investigators who can find evidence linking off-the-record relationships while at the same time minimizing the role of the client and effectively shifting criminal intent to others.

Criminal lawyers can use many other defenses when the mentioned is not helpful to the client. For instance, if an individual is accused of mortgage "fraud for housing", a criminal lawyer will investigate if the borrower actually signed the application or if the loan office prepared and signed it for the borrower. By law, the borrower must have also agreed to have filed copies of tax returns released to the lender by signing an IRS Form 4506.


Top Criminal Lawyers Custom Make a Defense for Mortgage Fraud

A fraud defense built for a client by criminal lawyers is largely dependent on the unique characteristics of the mortgage case, the individuals, and the transaction. A defense may work very well for one client but not another. The best criminal lawyers custom make a defense for each client. Custom made defenses by lawyers for a criminal or civil case of mortgage fraud is best as the opposing side, such as a prosecutor, will not be able to predict the next move and will not know what to expect.

If you have a criminal or civil case involving mortgage fraud, call and speak to our lawyers now at 855-LAW-PRO1 (855-529-7761).

Wednesday, September 25, 2013

Influencing the Jury in a Criminal Trial

During a criminal trial, research has proven that your appearance and demeanor can influence a jury and a judge's bias and decisions. Whether we like it or not, jurors and judges are humans, and like all humans, they make judgments about a defendant immediately upon first seeing them and throughout the case. Which is one of the reasons why you should never attempt to represent yourself. Having an experienced lawyer at your side defending you and arguing your innocence adds credibility to your case and makes your defense more believable.

The journal of  Psychology, Crime & Law has findings in "Dangerous decisions: the impact of first impressions of trustworthiness on the evaluation of legal evidence and defendant culpability." The conclusion from this research was that judges and jurors cannot accurately evaluate whether a defendant is credible, that is whether or not the defendant tells the truth or lies.The research also concluded that defendants appearing untrustworthy required less evidence presented to the jury and the judge to arrive at a guilty verdict and were more confident about their decision.

The research is clear, if you are making an appearance in court for any hearing or trial you should present yourself at your best. It is of utmost importance for the jury and the judge to like you or at least respect you and most importantly believe your side of the story.

Know that your future and life are on the line, and behaving your best and having the best appearance in court is a small price to pay now for a potentially reduced or dismissed sentence.


Appearing Trustworthy in the Courtroom and During a Criminal Trial:

  • Always be on time or early to ensure you are on time for all court appearances. Arriving late makes you appear less trustworthy, less credible, and less likable.
  • Never speak out of order. Never speak unless you are asked to speak. Do not whisper, talk, or mumble under your breath. Do not interrupt someone when the person is talking or asking you a question. If you are unclear about what someone is asking you, ask them to rephrase the question when they are finished talking.
  • Always dress conservatively, as if you were going to a job interview or going to see the President. Cover up as many tattoos, piercings, and body markings as you can. For instance, if you have tattoos along the length of your arms, consider wearing a long sleeve button down shirt. Wear neutral colors if you can; avoid loud or neon colors. If you feel you do not own clothing that a judge and jurors, (which are usually much older in age), would consider conservative based on their opinions, consider going to a used clothing store. Your life and liberty is priceless and at risk, and well worth spending just a few dollars now.
  • Do not wear excessive jewelry, make-up, or accessories.
  • Do not wear a hat or cap.
  • Be sure to have great personal hygiene.
  • Be sure your hair is nicely combed or brushed and conservative.
  • Speak in as perfect English as you can and avoid using slang language.
  • Be especially careful and very aware of your facial expressions and responses to critical testimonies, evidence, and the other side's arguments.
  • Try your best to look innocent, as if you somehow have gotten tangled up in the criminal justice system.
  • Never show anger, indifference, scorn, or have the attitude of not caring.
When your life is hanging in a balance, the best lawyers know that every detail matters. Every argument, every piece of evidence and subtle nuance is a piece of the puzzle that creates the big picture. Top U.S. criminal lawyers have a mountain of credibility that transfers onto their clients by way of association. LibertyBell Law Group's lawyers have a history of wins and getting the best results for defendants accused of a crime. They are also well respected and known for their tenacity, expertise and creative defenses. If you are being investigated or charged with a crime, call our lawyers now at 855-LAW-PRO1 (855-529-7761).

Monday, August 12, 2013

Felon in Possession of Firearm Sentencing in Federal Courts

Being charged as a felon in possession of a firearm in a federal court is no walk in the park. If found guilty, the sentencing judge calculates the imprisonment based on mandatory minimum sentencing guidelines, previous convictions, and grounds for departure. The federal guidelines for sentencing felons in possession are severe. Sentencing is calculated by considering the base offense level, as laid out on the Guidelines Sentencing Table, and adding on enhancements depending on the unique features of the federal firearms charge and surrounding circumstances of the felon and situation in which the firearm was possessed.

Federal Sentencing for Felon in Possession of Firearm and Enhancements:

  • The minimum base offense level is 15 and the maximum is 29.
  • 15 year mandatory minimum sentence for a person who had 3 prior convictions of robberies, burglaries, or both on their record before they turned 18 (U.S.C. 922(g)).
  •  Possession of a semi-automatic firearm, shotgun having a barrel(s) of less than 18", weapon made from a shotgun or rifle less than 26" or barrel(s) less than 16", rifle having a barrel(s) of less than 16", machinegun, silencer, or weapon that can be discharged through the energy of an explosion increases the base offense level increases to 20 (U.S.C. 2K2.1)..
  • Possession of a destructive device (bomb, grenade, mine or similar device) 2 is added to the base offense level of 20, making the offense level 22 (U.S.C. 2K2.1).
  • Possession of a rocket or missile adds 15 to the base offense level of 20 making the offense level 35 (U.S.C. 2K2.1)..
  • A stolen firearms will add 2 points to the base offense level (U.S.C. 2K2.1)..
  • Any destruction or alteration of the firearm's serial number will add 4 points to the base offense level (U.S.C. 2K2.1)..
  • If more than 3 weapons were possessed the base offense level increases depending on the precise number of weapons possessed (U.S.C. 2K2.1)..
  • A former conviction of violent crime or drug offense increases the base offense level to 20.
  • If a aforementioned weapon was in possession and a prior drug or violent crime offense exists the base offense level increases to 22 (U.S.C. 2K2.1)..
  • If there were two prior drug or violent crime convictions the base offense level increases to 24 (U.S.C. 2K2.1).. If the 2 priors existed and are combined with possession of a firearms listed above the base offense level increases to 26  (U.S.C. 2K2.1)..
  • Firearm trafficking raises the level by four  (U.S.C. 2K2.1)..
  • Possession of a firearms in connections with another felony raises the level by four (U.S.C. 5K2.6).
  • Other enhancements that lengthen sentencing may apply that can raise the base offense level well past 29 (U.S.C. 2K2.1)..
There is no doubt that federal sentencing for a felon in possession of a firearm is a very serious matter especially when coupled with enhancements. If you are a felon and are being investigated or charged with possession of a firearm, you need top criminal lawyers to build a strong defense and get the judge to depart from the mandatory sentencing guidelines.

Getting a sentencing judge to depart from the mandatory sentencing guidelines and offer much lower sentencing, dismissing the case, or probation for a felon can only be done by criminal lawyers experienced in federal courts. Expert criminal lawyers know how to minimize the effects of prior convictions. For some cases they can argue that you had some bad judgment or just made a bad decision but you are not dangerous to others and don't deserve to be in prison. That is just one strategy, but there are many case strategies criminal lawyers use but ultimately the strategy they choose for a solid defense will entirely depend on the unique characteristics of your case, the prosecuting U.S. attorney, prior criminal history and other factors.

LibertyBell Law Group's criminal lawyers  have a lot of experience in federal courts and they have the resources and expertise to get you the best result. The expert lawyers work hard and develop a unique defense ideal for your individual federal case. They also know the differences between the judges and U.S. attorneys and how to best work with each. LibertyBell Law Group's lawyers have an excellent history of getting the best results for state and federal cases, well above average.

Thursday, August 1, 2013

When do Criminal Lawyers Use the Entrapment Defense?

Entrapment is the term used to describe when a person is induced to commit a crime as a result of law enforcement creating a deceptive mock situation, called a sting operation, in order to charge the person and get a conviction.

Sting operations are commonly used for:
Sting operations have been used for decades by police, detectives, the FBI and more and they have become very sophisticated and have a history of getting convictions.

Criminal lawyers use the entrapment defense when law enforcement has overstepped its bounds by threatening, harassing, or using excessive tactics to persuade someone into committing a crime. The entrapment defense is successful only when criminal lawyers can prove the defendant would have not have committed the crime if not only because of the sting operation. 

In the past, judges and jurors have not ruled it unlawful for law enforcement to create an opportunity for committing a crime to find someone guilty. The most important key aspect a judge and jurors examine is whether or not the defendant would have committed the crime without law enforcement if the opportunity presented itself.

Prosecutors know if a defendant has a criminal history "entrapment" is probably not going to be a good defense and it will not be accepted by jurors or the judge.  Knowing this, law enforcement uses entrapment in order to convict a person otherwise hard to catch, a person to which they have reason to believe is committing crimes but they don't have enough evidence to file charges. In these types of cases, top criminal lawyers will not use the entrapment defense, knowing it will end badly for the defendant. Rather, criminal lawyers will work with experts, investigators, and a team of other attorneys to find holes in the prosecutor's case in order to make a solid criminal defense strategy.

Criminal lawyers know that using "entrapment" can actually be the worst defense for some cases. Top criminal lawyers with lots of experience know there are much better defenses that can be used, though they require much harder work, but well worth it if it results in a win for the defendant.

Entrapment can be a great defense, when the defendant has no criminal history, has an outstanding reputation in the community and other various factors criminal lawyers take into account to show the defendant was entrapped.

Tuesday, July 23, 2013

Sentencing for Mail & Wire Fraud Conspiracy Argued by Criminal Lawyers

When sentencing for mail fraud and wire fraud conspiracy is argued by criminal lawyers there are complex issues that can be raised in building a good defense. In a recent mail fraud and wire fraud conspiracy case, USA v. Juncal, criminal lawyers brought up an interesting but important issue in intended loss versus actual loss.

The mail fraud and wire fraud conspiracy involved 4 defendants trying to lure a broker into financing an imaginary Siberian oil pipeline. The 4 defendants were attempting to borrow 3 billion dollars from a hedge fund. 

Sentencing by the District Court

All defendants in this federal case were found guilty of mail fraud and wire fraud conspiracy. Each received a sentence of 20 years in federal prison plus 3 years of supervised release.

Mountain of Evidence for the Mail and Wire Fraud Conspiracy

In building their case, the prosecuting attorney and FBI had inside informants, recorded conversations, emails, documents, and the defendants had even admitted to their crimes. The mountain of evidence and admittance of guilt on attempted fraud was enough to make any criminal lawyer cringe. However, when there is absolutely no way of proving innocence, criminal lawyers must show the unique circumstances and characteristics of the case and the defendants to compel the judge to diverge from the federal sentencing guidelines. Criminal lawyers must show how unreasonable a sentence is in light of the true nature of the crime committed or attempted.

The Appeal

The defendants appealed the sentencing and conviction for mail fraud and wire fraud conspiracy. The criminal lawyers argued in the appeal that no reasonable investment professional would have believed such an absurd story and that every bank must engage in due diligence and investigate a potential client when applying for a loan.

The brokers did, in fact, admit to bursting into laughter, when sharing the applicants information with his colleagues. The defendants were trying to pass off as wealthy bankers consisting of a coalition of Buryatian nationals and Yamasee tribesmen using AOL email accounts and obviously doctored copies of T-notes to be used as collateral for 5 billion dollars. A simple Google search by the broker revealed the Yamasee tribal confederation had broken up in the 18th century. Even the terms of the proposal were comical as it promised the lender 14 billion dollars in profit over 5 years.

Criminal lawyers demonstrated well in the appeal that there really was no real victim and the conspiracy to defraud involved no actual loss or even probable loss. The District Court treated the conspiracy as a multi-billion dollar fraud, without taking into account the total circumstances of the case, which led to unfair sentencing for this particular mail and wire fraud conspiracy.

The criminal lawyers were successful in showing the sentences imposed on the appellants were excessively unreasonable. Today, July 23 of year 2013, the judge ruled in favor of resentencing to take into account all the factors of the mail and wire fraud conspiracy case and directed the District Court to not impose sentences greater than necessary. Top criminal lawyers from LibertyBell Law Group applaud the judge in taking action to reduce the sentence for the 4 defendants.

Monday, July 15, 2013

Criminal Lawyers on Fraud Defense

LibertyBell Law Group Criminal lawyers deal with bank, mail, and wire fraud the most. In building a defense, criminal lawyers often use the same underlying theory. The most common defense for fraud criminal lawyers use is the client acted in good faith. Criminal lawyers use the good faith defense to show an absolute absence of fraud to prove the client's innocence.

Using the good faith defense for bank, wire, and mail fraud by criminal lawyers has been treated differently by the courts in the way they give jury instructions. LibertyBell Law Group's criminal lawyers know the unique characteristics of the courts and their differing opinions. They know that in some courts they must prove good faith beyond a reasonable doubt. They also know that in some other courts they must prove that not only did the client honestly believe the investment would be successful, but also that the client did not intentionally misrepresent earnings or the customer base.

This leads us to another fraud defense used by criminal lawyers, which is criminal intention was not owned by the client but rather by a third party, business partner or employee who is also a decision maker. Criminal lawyers most often term this as the "innocent decision maker", though some courts do not accept this defense for fraud.

A good fraud defense involves criminal lawyers proving an absence of intent to defraud, absence of negligence, and absence of recklessness. The prosecuting attorneys must prove actual knowledge of fraud being committed. LibertyBell Law Group criminal lawyers show that the mental state of the client had no intent to deceive, manipulate or defraud.

It takes great skill and expertise to find and use evidence in each particular fraud case supporting a winning defense. The theory is not in itself of much surprise or importance as the actual evidence and arguments made by criminal lawyers in defense against fraud. In fact, most criminal lawyers use the same defenses, but the way in which they conduct investigations, present evidence and arguments, and interrogate witnesses among other tactics can vary significantly depending on their own individual abilities and resources.

Top criminal lawyers have a wealth of resources and work on a team of attorneys and experts and together they dissect and piece together a winning fraud defense. The best criminal lawyers, like those from LibertyBell Law Group, are known for the winning case results and are well respected by judges, clients, and other attorneys.

Tuesday, July 9, 2013

Criminal Lawyers Hail New Drug Possession Laws in California

Criminal lawyers are crossing their fingers for changes to drug possession laws in California. The new law, SB 649, would allow prosecuting attorneys to use discretion in charging drug possession as either a felony or misdemeanor. Legislators and criminal lawyers alike are hopeful in that prosecutors will opt to a misdemeanor, instead of a felony, for drug possession when a defendant has no prior criminal history and is non-violent.

Criminal lawyers from LibertyBell Law Group who day in and day out represent violent and non-violent defendants on the full range and degrees of crimes, know first hand that most charged with drug possession need drug treatment, not incarceration. In agreement with Senator Leno, criminal lawyers uphold that drug treatment for simple drug possession makes not only fiscal sense but common sense in treating drug addicts.

Currently in California, drug addicts are charged with a felony for drug possession of cocaine, opiates, heroin and other drugs and are thrown in prison. They never receive the drug treatment they need. Upon completion of their prison sentence, they are released back into the community, and because of the felony on their record they have very little chance of finding a job, and are also not eligible for any government assisted programs such as housing, student loans and more. Criminal lawyers speculate that because they never receive drug treatment when released the addicts are likely to be charged again with another felony for drug possession. In essence, it's easy for someone charged with a felony drug possession to cycle in and out of prison.

SB 649 is a positive and much needed change to existing drug possession laws that have not eradicated any problems but rather encouraged problems. Criminal lawyers know that prisons can have a dramatic and debilitating long term impact not just on the individual but also on their loved ones. LibertyBell Law Group's expert criminal lawyers work very hard every day to save people from the awful life circumstance of having to go to jail or prison. Numerous cases are won every day that give people a life to live outside of a grim 6 feet area adjacent to unwelcoming criminals.

Tuesday, July 2, 2013

Prosecutor Fired After Trying to Win at All Costs, Even Lying

The prosecuting attorney in a murder case, in Ohio, was fired after his superiors found out he created a fake Facebook profile to dissuade the witnesses going to be used by the criminal lawyer for the defendant. The criminal lawyers had notified the prosecutor, Aaron Brockler, that their witnesses had alibis placing the defendant on the other side of town when the murder occurred.

The prosecuting attorney was so intent on winning and convicting the defendant for murder, he broke Ohio law, which states that an officer of the court "shall not knowingly...make a false statement of material fact or law to a third person." After making a fake Facebook profile, the prosecutor "friended" the alibi witnesses and lied by telling them he had a child with the defendant and was the ex-girlfriend. Both witnesses, angry at the news, detracted their wanting to give testimony for the defendant.

Criminal lawyers that must deal with prosecutors all the time in defending their clients know that you must be very careful with prosecutors. In the end, prosecutors are human beings that can be swayed by their own personal motivations and undercut the rules of the court. Top criminal lawyers also know they must keep a very watchful eye on prosecutors and track every step and move they make.

Criminal lawyers from LibertyBell Law Group work with top investigators and experts and together they form a strong shield of protection around their clients and witnesses. Our criminal defense law firm is composed of the top criminal attorneys in the country who pool their knowledge, resources, and expertise for each individual case in building winning case strategies.

Wednesday, June 26, 2013

How Being Silent Can Be Used to Convict You - In Texas

Criminal lawyers highly recommend you take note of a new Texas Supreme Court ruling, Salinas v. Texas, decided on June 17, 2013. The Supreme Court in Texas has ruled that silence used by a person when being interrogated for a crime by the police or those working for law enforcement, such as detectives, before being arrested or read your Miranda rights, can be used against you as evidence.

In the case that caused the ruling, Genovevo Salinas voluntarily answered all questions police asked him, except one, the question on whether the shotgun shells found at the crime scene matched the shotgun found at his home. The defense lawyers representing Salinas objected that Salina's silence should not be entered as evidence in trial, but the court allowed it. Salinas' silence was used by the prosecuting district attorney to convict him for murder.

The Supreme Court in Texas made it also clear that, because Salinas did not invoke his right to the Fifth Amendment, the prosecuting attorney could use his silence as evidence.

Criminal lawyers know that this recent Supreme Court ruling will change the way Texas law enforcement conducts investigations, questions witnesses and suspects, and how they advise them of their Miranda rights. This new ruling will also affect the way prosecutors in Texas use evidence to prove a defendant guilty. Top criminal lawyers advise you to never, under any circumstance, voluntarily consent to a meeting with law enforcement or go voluntarily to a police station in Texas without first talking to a criminal lawyer. If you are physically confronted by law enforcement in an investigation and have not had the advice of an attorney, criminal lawyers advise you to formally invoke the Fifth Amendment. You can simply say, "I plead the Fifth amendment."

Thursday, June 20, 2013

Criminal Lawyer Defense Strategy

A criminal lawyer must build a defense strategy for a client based on facts, though different versions of what happened can exist based on the same facts. In other words, a prosecutor and a criminal lawyer will represent their side of the story based on the same facts. In the criminal justice system, the facts are what can be referred to as evidence. Part of the defense strategy criminal lawyers may use is arguing over what is valid evidence, if the evidence was handled appropriately, and if the evidence was collected legally.

The best criminal lawyers will have a defense strategy using the facts but painting a different picture of what happened and showing the defendant in the best light. Criminal lawyers know that many times the people involved in a crime will have a different version of what happened based on their own perspective and experience. The best criminal lawyers work with a team of lawyers, investigators, experts and also know how to interview witnesses to the client's benefit. Knowing the reputation of the investigators and policeman involved and having the experience to have worked with them and the judge before is also an advantage. Criminal lawyers having a reputation for being leaders in criminal defense is also a great advantage that cannot be underestimated.

Monday, June 17, 2013

Criminal Lawyers and Persuasive Strategies

Criminal lawyers use persuasive strategies and techniques, however a trial or negotiation for a plea bargain is not won on persuasive skill alone. Rather persuasion is a method criminal lawyers use for delivering and communicating all the behind the scenes work done on a case. Most of the work done by lawyers for a criminal case is not done in the courtroom. The best criminal lawyers work hard with a team, consisting of other attorneys, experts, and investigators.

Criminal lawyers must build their own picture and story of what happened for their client to win the case. While so doing, they also build rapport with the prosecutor and anyone working on the opposing side, outside of the courtroom. The best criminal lawyers can convince law enforcement or prosecutors not to file charges against their client or to file a much lesser charge, such as a misdemeanor. However, to convince the opposing party not to file charges or plea bargain, a criminal lawyer must have done a lot of work to have preliminary evidence to support what he or she is saying. In essence, a criminal lawyer and a prosecutor (or detective) have what can be thought of as a very informal "trial" conversations in which a successful criminal lawyer will show that he or she has the better arguments, evidence, and stance. Persuasive strategies used by criminal lawyers most effectively start as early as possible, ideally even before charges have been filed.

Though criminal lawyers use persuasive strategies throughout the case, from beginning to end, the work done and every stage of the case is very important. In criminal cases, winning by a lawyer really is a sum of it's parts.

Tuesday, June 11, 2013

Criminal Lawyers Distressed Over Unwarranted DNA Tests

Criminal lawyers are going to have to make very strategic moves in defending their clients. This month, the Supreme Court ruled on Maryland v. King allowing police to take an unwarranted DNA swab from someone suspected for having committed a violent felony or burglary. The court reasoned that taking a DNA swab is similar from taking a person's fingerprint in that both uniquely identify a person.

Motions to Exclude Latent Fingerprint Testimony are sometimes used by criminal lawyers. Expert criminal lawyers know that fingerprint misidentification does occur.  Criminal lawyers also know that errors can occur in collecting the fingerprints and the handling of evidence containing fingerprints. Criminal lawyers should also consider the Irick rule, State v. Irick, when the only evidence that exists is a fingerprint. Fingerprint evidence is used mostly in cases involving violent crimes and sex crimes.

Monday, February 25, 2013

Criminal Lawyers for a Felony or Federal Case

When choosing a criminal lawyer for a felony or federal case there are many things to consider. A felony or federal case involves serious charges and severe penalities, especially if you have a previous felony or long criminal history on your record.

You want to be sure you are represented by an experienced criminal lawyer with a history of successful results posted on their website. Note that referral services do not post their successful results or lawyers on their website. Many referral services look like lawyer websites. A referral service is a website that simply collects your personal information when you call them or via an online email submission and then sells your information to another lawyer. A referral service will not post their case results or lawyers' names on their website.

A real law firm will have pages on their website showcasing their attorneys and case results. Also, a team of criminal lawyers pooling their knowledge, expertise and skills are exponentially better than one lawyer working alone. As the old adage goes, "many heads are better than one."

Cut out the middle man referrer, who may inflate prices, go to a real criminal lawyers website and call them directly to be sure you are paying the price set by the law firm.

Best criminal lawyers have:
  • Winning Criminal Lawyers
  • Criminal Law Specialists
  • Experts
  • Unlimited resources
  • Will aggressively defend you
Visit the website of LibertyBell Law Group, a law firm composed of a team of award-winning top lawyers. If you are being investigated or accused or a felony or federal offense, call  855-LAW-PRO1 (855-529-7761).