Criminal Law Review

Have you ever watched the television show “Cops”? If you have, then you have certainly seen a search incident to arrest. But what constitutes a search incident to arrest, and why can the cops look through your car after you’ve been arrested for doing something illegal?

Before I begin to explain the search incident to arrest, I want to let you know that although I am a criminal attorney and practice criminal defense on a daily basis, this should not be relied upon as legal advice if you ever get into trouble. The reason for this is simple - your factual situation may dictate a different answer than is in this article. To know precisely what you should do in your situation, you should contact a criminal lawyer in your area as soon as you find yourself in trouble.

Now, back to the article. A search incident to arrest occurs, when as the name implies, the police are allowed to search your vehicle incident to an arrest they have made. But this particular search can only be done in a specific circumstance, namely, when the reason for the arrest lends the officer to believe that fruits of the crime might be lost if a search is not conducted, or if the officer has a reasonable fear for his safety.

If the first of these conditions exists, the police may search all unlocked containers of the car. So, for example, if someone is pulled over and arrested because the police believe they may have just committed a bank robbery, then it may be permissible for the police to search the vehicle for any evidence of the crime, evidence which might be lost if the car is turned over to someone else or left to be picked up later (money, tools, etc.)

The second example may crop up if there are a group of people in the car and the officer has a reasonable fear for his safety. In that instance the officer may search where the person in the car could reasonable reach to grab a weapon, referred to as the “grab area.”

What many criminal defense attorneys find, however, is that these conditions don’t exist and the cops have still executed a search of the vehicle. The good news is if these conditions don’t exist and the search is illegal any evidence the cops find that was a result of this illegal search is excluded from the case - this means your chances of success go up significantly.

In the end, if the cops execute a search against your will there is nothing you can do about it. But, if they ask, don’t consent to a search. Any good criminal attorney will tell you it is a bad idea to let the cops search your vehicle (particularly if you have illegal stuff in it). Just say no.

Certainly nobody likes to think about waking up one day and finding themselves in need of a criminal attorney but if it happens it’s good to know that the residents of south Florida have choices. From the Fort Lauderdale attorney, Miami attorney, to West Palm Beach criminal lawyer, the southern areas of Florida have many excellent lawyers to take care of you if and when you ever need their assistance.

Sometimes being an attorney is a thankless job; some people see these lawyers as working for the bad guys. But in our country everybody has the right to a fair trial and that means everybody has the right to legal counsel. That legal counsel should be well educated in the many laws that govern each state and country. A Fort Lauderdale criminal lawyer will need to know entirely different aspects of the law than a business lawyer from Boston. A Miami criminal lawyer will need to be well versed in litigation concerning felonies whereas a mortgage attorney will not need to know such things.

A well-educated attorney can make bad decisions that somebody made be less painful when it comes to trial and sentencing. It is the criminal attorney’s job to support the innocents of the client and to make the job of the prosecutor more difficult. The burden of proof falls on the prosecutor and they must prove the clients guilt while the attorney supports the clients’ innocents. Ultimately the client puts his life in the hands of his criminal attorney and that is why it’s very important to make sure one has the best criminal lawyer you can get.

It is a misconception that criminal attorneys only have clients that are of the most deviant of offenders. This is not true. Certainly those accused of crimes such as murder, robbery, and rape need the assistance of a criminal lawyer but also those accused of white-collar crimes in business need the assistant of a knowledgeable criminal attorney as well. A good percentage of clients who seek the help of a criminal attorney are those who are accused of white-collar crimes such as business executive and those in the stock market.

There are many high profile cases that are spotlighted by the media; many criminal attorneys have made a name for themselves when representing one of these high profile cases. This is when a criminal attorney needs to have all his ducks in a row because all eyes are on him/her to see how he/she will represent the client and if he or she will win. Not all criminal attorneys like or even want a high profile case because they tend to be rather difficult cases. Being in the spotlight doesn’t always work well for the defense.

It is safe to say that should you ever need an attorney you will want to get the very best in the business. If you need a criminal lawyer your life is on the line; a good attorney will help you get back your life.

A specialized mesothelioma trial attorney should be hired for cases dealing with mesothelioma. Since this is a serious disease caused by negligence of others, the claim amount is high. Therefore getting the best mesothelioma attorney is imperative.

Few Things To Consider Before Getting A Mesothelioma Lawyer

Before going ahead with a particular lawyer it is wise to do your own research. You may need to think over a few questions before hiring a mesothelioma trial attorney.

• How many such cases the lawyer has handled and the success rate of the cases?
• What does the lawyer charge as fees?
• Does he/she have a contingency arrangement?
• Is the lawyer considerate to the points put forward by you?
• Would he be transferring your case to another legal firm for commission?
• Is he interested enough in your case?
• What kind of role would you play in decision making?
• Is the lawyer well versed with mesothelioma law?

You must consider the above questions before hiring a mesothelioma trial attorney. You can also look through directory websites to look for an online mesothelioma attorney.

Specialized Mesothelioma Legal Services

Mesothelioma is caused by exposure or inhalation of asbestos dust. This disease is most common among construction mine and The worst thing is that it cannot be detected in the early stages. It takes years to develop and may get diagnosed only after the victim has retired or is working somewhere else. In such cases special law services are available to deal with mesothelioma related cases. Mostly the fight is against established and known companies. These companies may try to mislead the court or provide false proof in order to weaken the case. Therefore it is better to go through a reputed mesothelioma law firm. An experienced mesothelioma trial attorney can get an out of court settlement for about $1 million. According to the US law the victim can prove his disease with the help of medical reports and employment terms and conditions with the culprit company. Every American state has specialized mesothelioma legal services. They provide help and services to those affected with mesothelioma and fight against companies causing it.

Mesothelioma lawyers are understanding and empathetic individuals. They help in giving information about lung cancer, treatment and the rights of the victim. They are also associated with support groups helping the victims. Mesothelioma trial attorney usually takes up a limited number of cases. This way proper attention can be given to these special cases.

What is Business Litigation and How Can A Business Litigation Attorney Help a Company Deal With It?

Business litigation is a legal resort to the court of law to resolve a business issue between two parties or a matter related to the non-compliance of a business law.

Litigation can significantly drain a company’s finances. Business litigation attorney counsels clients to minimize litigation risks to reduce the dispute resolution costs and conserve valuable time and resources. Business litigation often presents a threat to a company’s ongoing operations and imperils its financial security.

A business attorney specializing in litigation may also be able to save your company a lot of money by seeking a resolution through mediation, arbitration or other means of alternative dispute resolution.

The best business attorney can help companies navigate the murky waters of corporate law. Usually, government agencies make their own rules that govern how businesses are supposed to act. Keeping track of all the rules that have been set up by different government agencies can be confusing. That’s where business attorney can help make sure that your company is following rules established by the government agencies. Failing to follow such rules can lead to costly fines.

Business litigation attorneys represent business and financial institutions in the following areas:

- Business torts
- Class actions
- Financial forensics
- Complex contracts
- Government investigations
- Professional relations
- International dispute resolution
- Real estate disputes
- Securities and anti-trust
- Technology and intellectual property
- Professional malpractice
- Shareholder and corporate governance

As you can see, business law revolves around many areas where competent business lawyers can help you avoid and solve serious problems.

Do you tend to ignore your corporate record-keeping responsibilities and just hope for the best? Does keeping your corporate minute book complete and up-to-date seem relatively unimportant and all too easy to overlook? If so, you may be at risk of getting involved in litigation and not even know it until you are thoroughly embroiled in it. Do hire a business litigation attorney to find how you can reduce the risk of litigation for your company.

The hiring of domestic help is growing in popularity while the dangers of someone with a criminal record coming into your home increases exponentially. When dealing with your family’s safety, our less than perfect society with increasing crime rates increases the necessity of cautious decision making.

Listed below are a few examples of requiring criminal background information for domestic assistance.

- A household with two working parents left with no one to care for their children in their absence often hire babysitters. This need requires the close scrutiny of someone’s criminal background to ensure they are not hiring sex offenders or even worse.

- With neighborhood criminal activity ever-increasing, knowing who your neighbors are upon newly moving into one is crucial. A thorough and cautious examination of your neighbors’ criminal background could save future vicious activities from occurring.

- If you teenage daughter has a new boyfriend it is always advised to do a criminal background check on the guy to make sure he is a reliable person you want around your daughter. These things can’t be simply left to chance.

In each case, or any other not listed above, you need access to accurate and dependable criminal information for the safety of your family.

There are now options of performing criminal background checks with a computer and internet access. Cautiously designed databases and well maintained data are crucial to selecting the correct online service. Unfortunately, numerous online services are too costly and often not monitored and updated on a daily basis - and this is exactly what you need to avoid.

Fortunately, through my efforts, you no longer have the worry of choosing the incorrect service. I have discovered the quickest, most authentic, and most current online service that provides the data you need within half of a minute, and you can access it right here, and have all the required details presented to you just 30 seconds from now.

Whether a criminal defense attorney, a civil attorney, or just a normal person on the street, almost everyone has heard of and has a vague idea regarding what the attorney-client privilege is. If we haven’t dealt with it directly in our own lives then we’ve almost certainly had the opportunity to see it in action on television or in the movies.

But what is the attorney-client privilege really? Does it mean that when you tell a lawyer something that they can’t tell anyone no matter what? And when does it begin? Do you have to hire the attorney? And when does it end? Will a lawyer really take your secrets to their grave? Read on to have these questions answered.

Let’s start with what the privilege means. And, since I am a Seattle criminal defense attorney, we’ll use it in the context of criminal law, even though it applies to other areas of the law equally. The attorney-client privilege is the idea that everything you tell your lawyer, in private (when just the two of you are present) is confidential. This means the attorney cannot tell anyone what you have talked about. They can’t tell their wife, they can’t tell their buddies, they can’t tell the judge, even if ordered to do so. The only time they can divulge the information you’ve told them is to commit the commission of a crime or the loss of life or property of someone. It is a very powerful privilege.

And the best thing is, the privilege starts right when you walk in the door. You don’t even have to have retained the attorney for the privilege to attach. It happens automatically, and even if you don’t hire that attorney, they still have to keep your secrets safe. Let me give you an example to show you how powerful it can be. Let’s say you are looking for a divorce and you go talk to a lawyer about it.

You tell him all about your situation and what has been going on, he quotes you a fee, and you tell him it’s too expensive and go find someone else. A week later your wife comes in and wants to talk to a lawyer about a divorce. The attorney not only can’t take the case because he’s already talked to you and representing the wife would create a conflict, but he can’t tell the wife why he can’t represent her! The wife would simply be sent away. That’s how powerful the privilege is.

And the privilege outlasts even your life. Your secrets die with the attorney. In the criminal law context there are examples of people who have confessed to murdering people (it isn’t the commission of a future crime so it is confidential) to their attorney, another person is tried and convicted of the murder, and the attorney never told anyone about the confession (it obviously later came out, but not in any way that affected the client). So, essentially, your secrets are safe.

There is good reason behind this privilege - your criminal defense lawyer must know as much about your case as possible to give you the best defense possible. Without your information and candid conversation, that is nearly impossible. So, the next time you are with your lawyer, don’t be afraid to speak up. Your secrets are safe.

Yesterday I was first up in Ithaca City Court (first come first served), with four DWI cases in various stages of disposition. Judge Rossiter began the morning by announcing to a full Courtroom (240 cases on her docket) about the new New York DWI legislation that was a coming.

On November 18, 2009, Governor Paterson signed into law, Governor’s Program Bill Number 204, The Child Passenger Protection Act, also known as Leandra’s Law, it passed by the wide margin of 58-0.

New York State now joins 35 other states that make it a class E felony for first time DWI offenders driving with children as passengers. Class E Felonies carry State prison terms of 1 to 4 years, and 5 years of probation.

This new law also makes Ignition Interlock Devices Mandatory for first time DWI offenders. This is something the Court must impose for a period of at least 6 months. Illinois just put this into their law in 2009, and many other states are following suit.

Specifically under the new law:

1. First time DWI offenders (the per se violation of a BAC.08 or higher and/or common law DWI) or Impaired by drugs (DWAI drugs) driving with a child (16 years or under) may be charged with a Class E Felony. In the past, DWIs were only charged as Class E felonies after a second DWI was committed within a 10 year time period.

2. Mandatory Driver License Suspension (pending prosecution) for people so charged. This is no different than the law in it’s current form.

3. Courts MUST order an ignition interlock device on all those convicted of DWI. There is a minimum 6 month time period for Installation and maintenance of the device on any vehicle owned and operated by those convicted of DWI.

4. The Probation Department within each respective county will monitor, issue regulations, and oversee these Ignition Interlock Devices, and their usage. Reading between the lines that means Probation Supervision is a likely possibility ( 3 years for a misdemeanor DWI, and 5 years for a felony DWI) for those convicted as well.

5. Drivers who cause serious physical injury (the threshold for serious injury is not very high) to children 16 or younger will be charged with a Class C Felony, punishable by up to 15 years in State Prison.

6. Drivers who cause the death of child may be charged with a Class B Felony, punishable by up to 25 years in State Prison.

7. Drivers (who are also parent, guardian, or legally responsible for a child) charged with any DWI or DWAI drugs while “that” child is a passenger will also be reported to the Statewide Central Register of Child Abuse and Maltreatment. Child endangerment charges are another likely scenario as well as being held as an unfit parent or legal guardian.

The good news, this year I have not had any DWI cases where my clients had children 16 years or younger as passengers in their cars. Although I did refer a DWI case with a NY driver traveling through another state who did have his children asleep in the back seat of his car. If that same case played out here, with this new legislation in place, it would be a potential nightmare on so many levels.

In that situation, the Office of Children and Family Services would be involved, and those parents would be facing criminal court and family court, and an open Pandora’s box of problems. Charges of Child maltreatment, Child neglect, and Child abuse may add to all the other issues facing first time DWI offenders.