Criminal Lawyers in California Support Prop 47

Criminal lawyers in California widely support Proposition 47 because it simply makes sense in light of research gathered from other states successful at reducing crime and mental health research related to drug addiction.

New York is widely recognized for very significant dramatic reductions in both crime and prison populations. Many states across the U.S. using alternative strategies to incarceration in fighting crime  have also experienced reduced crime levels and number of prisoners.

California's Proposition 47 also reflects the executive agenda of the federal government in being smarter on crime. The federal and local governments across the U.S. are starting to implement new policies for low level drug offenders who need drug and mental health treatment. Politicians are noting that prisons may not serve to solve underlying problems of offenders; prisons may actually exacerbate those problems and even harden them into becoming a risk.

Drug treatment  professionals know that if the underlying problem(s) causing addiction are not successfully treated it is very likely the condition and self control of an addict will spiral downwards.

Criminal lawyers and professionals working in drug rehabilitation centers have known for years that an addiction to illegal drugs often goes hand in hand with petty and non-violent offenses, such as theft.

Criminal lawyers from LibertyBell Law Group advise that California Prop 47 is smarter, cheaper and a commonsense justice policy. The lawyers say that sending someone to a drug treatment center may save lives, heighten public safety, and is a more humane and compassionate method to deal with those in unfortunate circumstances.

On November 1, 2014, a similar measure in federal law called Amendment 782 (a.k.a. "Drugs Minus Two") will allow the early release of federal inmates convicted of drug crimes for those who qualify. Though, each prisoner must be reviewed by a judge before approval. Among the many factors considered are the criminal history and conduct in prison.

If Proposition 47 passes, California will follow suit by having each pre-qualified prisoner evaluated by a judge for retroactive sentence reduction. The criminal history and risk assessment will be thoroughly reviewed on in deciding if the inmate poses a danger to public safety. If the judge decides the inmate does not pose a risk to public safety, the inmate will be retroactively sentenced for an early release from prison.

Proposition 47 reduces particular crimes from felonies to misdemeanors where the value involved in the crime does not exceed $950. Drug possession would be reduced to a misdemeanor and the individual would receive much needed drug treatment, and possibly other social services, instead of prison time.

Prop 47 crimes reduced to misdemeanors:

• Shoplifting
• Grand theft
• Receiving stolen property
• Forgery
• Fraud
• Writing a bad check
• Personal use of most illegal drugs

If you or a loved one has been convicted of a drug offense, find out the types of post-conviction relief and retroactive sentencing reduction that are available for an early release from prison and speak to a top criminal lawyer now, call 855-LAW-PRO1 (855-529-7761).

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 LibertyBellLaw.com for a free case evaluation.

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.

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.