How Can I Find And Hire the Right Lawyer?
1. Is It Important To Hire a Lawyer Who Practices Criminal Law?
2. When Do I Need A Lawyer?
3. How Do I Find A Lawyer?
4. How Will I Know if a Lawyer Is Right For Me?
5. What should I consider when hiring a lawyer?
6. Why Should You Have A Written Fee Agreement?
7. What Should Be In The Fee Agreement?
8. What Do I Need To Do To Have A Successful Lawyer-Client Partnership?
9. When Should I See A Lawyer?
10. I have not been arrested, but I have been accused of a crime. What should I
do?
11. Where Should I Start?
What Should I Know When I Am Arrested?
1. How are crimes classified
2. What is a complaint?
3. What Is An Arrest?
4. Someone I know has been arrested, what should we do?
5. What Rights Do I Have?
6. Once I'm Told My Rights, Can I Be Questioned?
7. Who Can Arrest Me?
8. Who Maintains Arrest Records And What Do They Include?
9. When Is An Arrest Warrant Used?
10. What happens to the accused?
11. What happens if someone threatens or tries to intimidate the accuser into dropping charges they have filed?
12. I have not been arrested, but I have been accused of a crime. What should I do?
Bail And Release
13. When Can I Be Released?
14. What Happens At An Arraignment?
15. What Is Bail And How Is It Set?
Legal Search And Seizure
16. When Can An Officer Conduct A Search?
17. When Can An Officer Search You, Your Home Or Your Car Without A Warrant?
17a. Body Searches
17b. Home Searches
17c. Car Searches
Things You Need To Know About Your Automobile Accident
Your Automobile Insurance
Medical Payments Coverage
Uninsured/Underinsured Motorist Coverage
Your Health Insurance
At-Fault Driver’s Liability Insurance
Property Damage
Vehicle Repairs
Total Loss
Fair Market Value
Loss Of Value
Bodily Injuries
How can I Find and Hire the Right Lawyer?
1. Is It Important To Hire a Lawyer Who Practices Criminal Law?
The legal profession covers a vast expanse of information and procedures which differ in various areas. No one person can be familiar with all of those areas. If you are charged with a criminal offense, you don’t want an attorney who is trying to get up-to-speed in criminal law. Not only will it probably cost more for him to spend the research time, but his representation will very likely be inferior to an attorney who practices in this area every day. It is like asking a house painter to paint your portrait. He has the paint. He can get the tools, but the result probably won’t justify the fee. You are likely to receive far superior results from a lawyer who practices criminal law.
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Legal advice will solve some problems and prevent others. If you are accused of committing a crime, a Felony, or Class A or B misdemeanors, you need legal advice.
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Recommendations from friends and acquaintances is a good way. Maybe you know a lawyer. If he can’t handle your problem, he will likely know of a lawyer who has experience with your kind of problem.
Ask your friends, co-workers and employers if they know any lawyers. Business people or professionals such as doctors, social workers, bankers, teachers and ministers may know a lawyer.
If you are accused of committing a crime and cannot afford a lawyer, you may qualify for free legal help. A judge may appoint a private attorney to represent you without charge if you qualify for such assistance.
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You should meet briefly with the lawyer and his/her staff if possible instead of discussing your problem on the telephone. You should ask how much experience the lawyer has had with problems like yours and how recently he or she handled a similar case.
Hiring a lawyer who primarily practices law in the same court or jurisdiction where your case is located and has an office in the area is a good rule of thumb. It cuts down on travel expenses and the attorney is familiar with the judges where he practices most often.
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When meeting with the lawyer, bring the names, addresses and telephone numbers of everyone connected with your case. You also should bring all papers involved in your case, such as all documents you received from any governmental source. Ask to hear about cases like yours that the lawyer has handled. You should know that most lawsuits are not “sure things.” Be careful of an attorney who guarantees results. He should, however, be able to tell you the strengths and weaknesses of your case. Consider the following questions:
Will you be comfortable working closely with the lawyer?
Do you believe the lawyer has the experience and skill to handle your case?
Do you understand the lawyer’s explanation of your case?
Does the fee seem reasonable?
Do you have confidence that he will work hard to serve your interests?
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No matter what the amount, no one likes to pay legal fees. Therefore, it is important for you and your lawyer to agree, in writing, about what you will pay the lawyer and what services the lawyer will perform. This way, both of you will know what to expect from one another as you work together on your case.
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Your written fee agreement should set out the services the lawyer will perform for you, and the type and amount of fees you will be expected to pay. The agreement should also say how costs - the other expenses of your case - will be handled and explain the lawyer’s billing practices. The agreement should also say if the lawyer is going to add interest or other charges to unpaid amounts.
A fee agreement may also include your obligations as a client. For instance, you may need to agree to be truthful, to cooperate, to bide by the agreement and to pay your bills on time. You make a fee agreement in the same way that you would make an agreement with a contractor or other businessperson for their services. Tell the lawyer what services you will want and ask questions to find out what the charges will be. You may want to ask a friend or relative to come with you if you are not sure what to ask.
Some suggested questions are:
- How will the lawyer bill for his or her time?
- Who else will be working on the case - associate lawyer, legal assistant, paralegal? How will that time be billed?
- What can be done to reduce fees and costs?
- What is the lawyer’s estimate of the total charges?
- A written Fee Agreement protects your interests as well as the lawyer’s. Don’t hire one without it!
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- Be sure that you and your lawyer have the same goals.
- Be sure you understand and are comfortable with the lawyer’s working style.
- Be especially certain that you have a clear idea of the expected timing of your case - when you can expect significant developments.
- Be sure that you provide the lawyer with the information and documents necessary to understand your case.
- Be sure you understand and agree with the lawyer’s billing practices.
- Be sure that if you have questions or concerns about your legal matter, you ask the lawyer and listen to his/her answers.
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If you are arrested for a crime, you should contact a lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer also can advise you or your family or friends on the bail process.
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Use caution. Unless you are certain that the accusation is only a minor one and will not result in criminal charges, it is best to consult with an attorney. This is especially true if a law enforcement official is asking you to give a statement or cooperate in an investigation. You should consult with an attorney before making ANY statements. What you say, no matter how well-intentioned, can be misinterpreted and may be used as evidence against later. Even if you are promised leniency in exchange for your cooperation, you can never retract what you have already said. Therefore, it is best to consult with an attorney before making any to make sure that your rights are protected.
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Adam Weiner fights hard for his clients every day! Whether you are accused of committing a federal or state crime such as DWI, assault, selling drugs, theft or sexual offenses, Adam Weiner will be a strong partner, making sure you receive all of the protection your Constitutional rights provide under the law. We will guide you through the court procedures, explain the available choices and give you our best advice…and then we will vigorously defend your case.
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Be sure to visit Contact Us and tell us about your case. Or, for faster service, call us at 916-933-2174 Our after hours pager number is 530-409-2404. We do not charge an initial consultation fee to discuss how we can protect your legal rights.
What Should I Know If I Am Arrested?
1. How are crimes classified in California?
California law classifies criminal offenses into two broad categories: felonies and misdemeanors. Felony offenses are the more serious and involve possible commitment to the County Jail or State Prison. Misdemeanor cases involve possible fine and/or imprisonment in the county jail.
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A complaint is a legal document charging a person with violating a criminal law. It must be sworn to by someone who knows the facts of the crime charged, either by direct knowledge or through investigation. A complaint is generally necessary before an officer can obtain an arrest warrant authorizing him to apprehend a person accused of a crime.
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When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, however, you still could be detained or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a recent burglary site. Storekeepers also can detain you if they reasonably suspect you have stolen something. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested.
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There are two things to consider in the crucial moments which follow an arrest. The first is securing the person’s release from jail as soon as possible. There are a number of ways this can be done. See Bail and Release. The second concern is to preserve the arrested person’s ability to defend against the accusations. It is best for the accused NOT to make statements to anyone concerning the case until he or she is able to consult with an attorney.
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You have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that:
- You have the right to remain silent.
- Anything you say may (and probably will) be used against you.
- You have a right to have a lawyer present while you are questioned.
- If you cannot afford a lawyer, one will be appointed for you.
These are your “Miranda” rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your statement may be inadmissible. However, this does not apply if you volunteer information without being questioned by the police.
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You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, the questioning must stop as soon as you say so or as soon as you say that you want a lawyer.
You may be required to give certain physical evidence. For example, If you are suspected of driving under the influence of alcohol, you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver’s license may be suspended and/or revoked and the refusal may be used against you in court, or if you take the test and it shows an alcohol concentration of a certain level your driver’s license may be suspended and the results of the test may be used against you in court.
Adam Weiner does not recommend you take these tests because you would be providing evidence for the government. The testing techniques are flawed. By taking either test, you create unnecessary work for your lawyer to prove that these tests are faulty. Why increase the amount of evidence against you? The best response is to ask to speak to your lawyer and state that you will cooperate fully thereafter.
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All law enforcement officers (such as police officers, county sheriff officers, investigators in a district attorney’s office and highway patrol officers) can arrest you whether they are on or off duty. A probation or parole officer also can arrest you.
They can arrest you even if they do not have an arrest warrant - if they have probable cause or good reason to believe you committed a crime.
If you commit an infraction, they may ask you to sign a citation or notice instead of taking you into custody. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody.
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Local police departments and NCIC maintain arrest records. The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges and the subsequent sentence imposed. Both pleading guilty and nolo contendere, and being found guilty after a trial count as convictions.
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An arrest warrant is an order signed by a judge, authorizing an officer of the law to arrest a person charged with committing a crime. Usually, a warrant is required before you can be taken into custody from within your home. However, anyone can be arrested at home without a warrant, if fast action is needed to prevent them from escaping, destroying evidence, endangering someone’s life or seriously damaging property.
An arrest warrant must be signed by a magistrate or judge, who must have good reason to believe that you committed a crime. Once an arrest warrant is issued, any law enforcement officer in the state can arrest you - even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest.
Before entering your home, a law enforcement officer must knock, identify him or herself and tell you that you’re going to be arrested. If you refuse to open the door - or if there’s another good reason - the officer can break in through a door or window. If the police have an arrest warrant, you should be allowed to see it. If they don’t have the warrant with them, you should be allowed to see it as soon as is practical.
At an arrest site, the police may search the area within your reach. If you are arrested outdoors, without a search warrant they may search your home or car. Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a crime in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape.
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The person accused of the crime is now called the defendant. Soon after arrest by a peace officer, the defendant is taken before a judge who informs the defendant of the reason he has been arrested, and of the facts contained in the complaint. The judge is required to set an amount of bail and to advise the defendant of his rights. Unless the defendant can post bail in the amount set by the judge, he remains in custody and is normally transferred to the county jail to await further action in the case.
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Such a person is obstructing justice and may be guilty of a felony offense called "retaliation."
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Use caution. Unless you are certain that the accusation is only a minor one and will not result in criminal charges, it is best to consult with an attorney. This is especially true if a law enforcement official is asking you to give a statement or cooperate in an investigation. You should consult with an attorney before making any statements. What you say, no matter how well-intentioned, can be misinterpreted and may be used as evidence against you later. Even if you are promised leniency in exchange for your cooperation, you can never retract what you have already said. Therefore, it is best to consult with an attorney before to making ANY statements in order to make sure that your rights are protected.
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Bail And Release
If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will usually release you. Your arrest may then be considered a detention and not be recorded as an arrest.
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You have a right to be arraigned without unnecessary delay. At the arraignment, you will appear before a judge who will tell you officially of the charges against you. An attorney may be appointed for you if you can’t afford one, and the bail can be raised or
lowered depending on the circumstances of the case. You also can ask to be released on a Personal Recognizance bond (P.R. bond), even if bail was previously set.
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Bail is allowed in virtually all cases, including felonies. The amount of bail is set by the judge. Its sole legal purpose is to guarantee the defendant's appearance in court for later proceedings. Your bond amount is set at the Probable Cause hearing. Appear at all hearings. If you have any doubt, go to Court so a new warrant is not issued for your arrest for failing to appear.
If you fail to appear, your bail will be forfeited and a new warrant will be issued for your arrest. For traffic citations, officers at the jail may be able to accept bail. If you cannot post or put up the bail, you will be kept in custody.
The judge is required to consider not only the seriousness of the offense charged against the defendant, but also the defendant's ability to raise money to make bail, in setting the amount. Bail may not be set so high as to punish a defendant by keeping him in jail pending his trial.
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Search and Seizure
An officer always can make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins.
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A. Body Searches.
If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods, and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search.
B. Home Searches.
In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant.
If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms-and even other parts of the same room-are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, which is in plain sight.
C. Car Searches
Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason-such as a broken taillight-they can seize any illegal goods in plain sight.
If you, your home or your car are searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If your lawyer does not object to the evidence before trial, the court might allow the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, it does not always mean that your case will be dismissed.
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Adam Weiner fights hard for our clients every day! We often take…and win… cases other lawyers won’t touch.”
Whether you are accused of committing a federal or state crime such as DWI, assault, selling drugs, theft or sexual offenses, Adam Weiner will be a strong partner, making sure you receive all of the protection your Constitutional rights provide under the law. We will guide you through the court procedures, explain the available choices and give you our best advice…and then we will vigorously defend your case. Please visit Attorneys to review our qualifications and experience as well as our values and ideals.
Next, go to Practice Areas and review the legal areas important to you.
Above all, be sure to visit Contact Us and tell us about your case. Or, for faster service, call us at 916-933-2174. Our after hours pager number is 530-409-2404. We do not charge an initial consultation fee to discuss how we can protect your legal rights.
Things You Need To Know About Your Automobile Accident
Your Automobile Insurance Many people look first to the at-fault party’s insurance to settle their claim; but your own insurance policy may also provide you with benefits and coverage you should know about.
Medical Payments Coverage
This coverage is for medical bills for you and your passengers that is available to you regardless of fault if you have selected this coverage. The coverage is typically $1,000 to $5,000, but it can be any amount you have selected.
Uninsured/Underinsured Motorist Coverage
If you carry this type of insurance and the at-fault driver did not carry sufficient insurance to cover all of the injuries caused by this accident, your insurance will compensate you for your injury up to the amount of coverage you have contracted for.
Your Health Insurance
Unpaid medical bills can adversely impact your credit rating. If possible, you should use your health insurance to pay your medical bills. The at-fault party’s auto insurance does not pay for medical care while you are being treated. If you fail to use your health insurance, the unpaid bills will have to be paid for out of your settlement. You may also want to contact an attorney to represent you to provide healthcare providers with a “letter of protection” stating that medical bills will be paid out of the settlement proceeds and all valid medical liens will be honored.
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Property Damage
Vehicle Repairs: The insurance company will pay for the repairs to your vehicle and provide you with a rental car for the time that you are without a car UNLESS your car is a total loss. (You may also be able to turn to your own coverage to obtain a rental vehicle.)
Total Loss: If your car is not able to be repaired, or when the costs of the repairs exceed 60-75% of the fair market value of your car, it is considered a total loss. (Depending on your particular situation, it may be beneficial to have another adjuster evaluate your vehicle if it is close to a total loss, but not deemed one.)
Fair Market Value: The fair market value is the amount of money your car would cost as of the date of the accident. While the insurance company may use their own evaluation process, you can make your own evaluation using Kelly Blue Book at www.kbb.com If you owe the finance company more than the car is worth, the insurance company is required only to pay you the amount that the vehicle is worth or fair market value.
Loss Of Value: In certain situations following a repair of your vehicle, you may be entitled to a loss of value claim. (i.e. the difference in the value of your car before the accident and the value following repairs when there is a damage disclosure required.)
After you have been released by all medical providers at the maximum medical improvement, the insurance company will settle your case in one lump sum. You are entitled to recover for your Medical Bills, Lost Wages, Pain and Suffering, Mental Anguish, Disfiguring Scars and Permanent Physical Injury. It is important that you seek the appropriate medical care for your injuries because your testimony alone will not be sufficient to document your injuries. If you cannot prove your case in a court of law, then the insurance company will not pay for your injuries in settlement.
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Be sure to visit Contact Us and tell us about your case. Or, for faster service, call us at (916) 933-2174. We do not charge an initial consultation fee to discuss how we can protect your legal rights.
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