Persons accuse of a crime are assumed to posses criminal responsibility. It is the general concept that people are free to choose either to commit a crime or not. Sometimes this is not the case, there are situations in life where a person has no choice in the matter whether to commit a crime or not.
Sometime the law allows a person to use physical force against another, whether it is for self-preservation or the protection of another, or even to protect one’s property, these are all acceptable self-defense cases. You and your criminal defense attorney are going to have to show at least four instances of why you had to defend yourself in such an extreme way. Your criminal defense attorney will have to show the judge or jury that
(1) your confrontation was unprovoked by you,
(2) that you were in immediate danger of bodily harm,
(3) that your use of force was necessary in preventing that harm, and
(4) that the amount of force you used was reasonable.
If you were in a position were you had to defend yourself against an attack from someone you think means you bodily harm, it is up to your criminal defense attorney to prove that you had a reasonable belief the actions you used to defend yourself were necessary and just to prevent either your own death, the death of another, or serious bodily harm. The force used against you must be unlawful or improper, and directed toward you without your consent.
Saturday, April 3, 2010
Defense Attorney
A defense lawyer is an attorney that represents an accused party in legal matters, including in a court of law. The accused party is known as the defendant, hence the name, defense lawyer.
Many defense lawyers start out as prosecutors for the state. The prosecutor is there as an agent of the state, acting in the interest of the victim, but not representing them directly. Criminal proceedings, where there is a prosecutor, don't have a plantiff, per se, as the party that brings charges against the defendant is a public agency. If a party is charged with a crime and cannot afford to hire a private defense lawyer, the state will assign an attorney to represent the defendant. Though there are many talented state-appointed defense attorneys, accused parties with means usually hire their own defense lawyer.
In a criminal proceeding, the job of the defense lawyer is to vigorously defend his or her client by using the law to cast doubt on the prosecution’s case. It is up to the prosecutor to convince a jury beyond a reasonable doubt that the defendant is guilty. The defense lawyer does not have to prove the innocence of his or her client, as the law dictates that a person is innocent by default until proven guilty. However, if evidence exists that can exonerate a client, it is up to the defense lawyer to bring this evidence out when possible.
While it is incumbent on a defense lawyer to vigorously represent the client, there are limits. A lawyer cannot knowingly place a witness on the stand to perpetrate a lie, nor can a lawyer knowingly lie to the court. For this reason, in high profile cases, it is not unusual that a defense lawyer will not want to know if the client is guilty. Without that absolute knowledge, the defense strategy can remain more flexible.
Many defense lawyers start out as prosecutors for the state. The prosecutor is there as an agent of the state, acting in the interest of the victim, but not representing them directly. Criminal proceedings, where there is a prosecutor, don't have a plantiff, per se, as the party that brings charges against the defendant is a public agency. If a party is charged with a crime and cannot afford to hire a private defense lawyer, the state will assign an attorney to represent the defendant. Though there are many talented state-appointed defense attorneys, accused parties with means usually hire their own defense lawyer.
In a criminal proceeding, the job of the defense lawyer is to vigorously defend his or her client by using the law to cast doubt on the prosecution’s case. It is up to the prosecutor to convince a jury beyond a reasonable doubt that the defendant is guilty. The defense lawyer does not have to prove the innocence of his or her client, as the law dictates that a person is innocent by default until proven guilty. However, if evidence exists that can exonerate a client, it is up to the defense lawyer to bring this evidence out when possible.
While it is incumbent on a defense lawyer to vigorously represent the client, there are limits. A lawyer cannot knowingly place a witness on the stand to perpetrate a lie, nor can a lawyer knowingly lie to the court. For this reason, in high profile cases, it is not unusual that a defense lawyer will not want to know if the client is guilty. Without that absolute knowledge, the defense strategy can remain more flexible.
Friday, April 2, 2010
Entry-Level Attorney Jobs
Entry-level Attorneys are recent law college students or law graduates with some internship or clerkship experiences. Candidates are required to have a Juris Doctorate from an accredited law school and a certificate of admission to the Bar as well as eligibility to practice law before the courts. In some cases, experience is also asked for.
Qualifying education and experience for entry-level attorney position depends on the company or organization, the candidate has applied with and the duties, applicant will be undertaking. Their academic achievements including, law review or moot court experience, legal aid and clinical experience, and summer or part-time legal employment, are always given a serious consideration by the people hiring them. Any kind of extra curricular activities undertaken by them is also considered to be an asset. Awareness about standard concepts, practices, and procedures within a particular field is a must.
Communication and organization skills are of paramount importance. General supervision is provided by the attorneys to entry-level candidates. The duties of an entry-level attorney include assisting the attorneys with their work and using expertise in database coverage and Westlaw search techniques. They generally perform receptionist, file clerk, and office services duties.
Qualifying education and experience for entry-level attorney position depends on the company or organization, the candidate has applied with and the duties, applicant will be undertaking. Their academic achievements including, law review or moot court experience, legal aid and clinical experience, and summer or part-time legal employment, are always given a serious consideration by the people hiring them. Any kind of extra curricular activities undertaken by them is also considered to be an asset. Awareness about standard concepts, practices, and procedures within a particular field is a must.
Communication and organization skills are of paramount importance. General supervision is provided by the attorneys to entry-level candidates. The duties of an entry-level attorney include assisting the attorneys with their work and using expertise in database coverage and Westlaw search techniques. They generally perform receptionist, file clerk, and office services duties.
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