Bogus Lawyers And Attorneys On The Loose

Beware: fake lawyers and attorneys are everywhere. People read about it on papers, watch it on late-night news, but still many fall into the trap set by these crooks. Well, it is interesting to note that these fakes are as good as they can get. Most of the time, they possess the power of the gab and exhibit linguistic knowledge in lawyer lingo and stuff but these don't mean they're authentic. These wannabes often win the trust of clients because they claim to be an alumni of such and such prestigious law universities. They also brag about their supposed excellent track record in winning the cases of their clients. Sometimes, they may also charge slightly cheaper legal fees to attract clients. Now, clients who are gullible enough would instantly entrust them their life and death cases with high hopes of winning. For ordinary folks, fake lawyers and attorneys can be extremely hard to tell, or sometimes, clients notice the signs only too late -- when the client gets to spend the rest of his waking hours in jail (even if he's innocent) and waste a fortune paying a bogus lawyers.

Well, I don't know anyone who is willing to be tricked by these boguses so I guess everyone wants to stay away from fake lawyers and attorneys at all cost. I read about this fake female lawyer in Prattville who was actually just a mere sophomore student in a law school. She passed herself as a practicing lawyer and represented her sister in court. I don't know if she was just desperate to save her sister from criminal offenses for substance abuse or she wanted her sister to save money for legal fees. This bogus lawyer, Melissa Kent, was on a bad luck because the judge officiating the case turned out to be the very same judge who sentenced her guilty of dope charges a few years ago. Also, the lawyers from the other side of the fence noticed Kent's somewhat unprofessional demeanor. For sure, a lawyer sporting nail polish in wild color is one thing to arouse suspicion. But then, lawyers initially dismissed the notion thinking Kent is a practicing lawyer in other state. When confronted, Kent immediately confessed she was, indeed, a fake.

Fake lawyer Kent's offense only costed her a three-day jail term and a whopping $1,000 bond, maybe because she didn't attempt to further salvage her case by insisting she's a real lawyer. She was at least honest enough to admit her misdemeanor up front. However, the judge, lawyers and attorneys conducting the case were naturally appalled for the time dealing with a bogus lawyer. It was a good thing her client was a family member (but investigations showed her sister is oblivious with Kent's stunts). However, people should remember that based on this case, when it comes to legal services, it is best to research or ask friends for references. While there are several lawyers and attorneys who very well know how to defend a client for the win, there are also fakes who are just out to leave clients with regret and displeasure.

For more valuable information on Lawyers and Attorneys, please visit http://www.contactlawyers.com

Criminal Defense Lawyers: Reducing Murder to Manslaughter

Reducing murder to manslaughter is a task that presents itself in many murder cases. Depending on your state or jurisdiction you may be able to reduce murder to manslaughter by eliminating the element of "malice." Classically, this is where the defendant acts by being provoked into a sudden quarrel or into a state of mind known as the "heat of passion." The mental state of "heat of passion" is not just one emotion. It can be anger, jealously, or any other agitated state of mind in the normal range of human behavior.

If a person is intentionally killed but the defendant was provoked or was in the heat of passion due to some provocative circumstance of the alleged victim, the killing is said to be mitigated to voluntary manslaughter. The defendant cannot just set up his or her own standard of conduct. The situation causing the heat of passion must be such that a reasonable person under the circumstances would have been provoked to act out of passion rather than logic. The classic example given in law schools is where a person comes home unexpectedly and finds their spouse in bed with another person. This is the type of act that could cause any reasonable person to act out of passion and emotion rather than logic.

Usually these cases happen in times of great stress and emotion and a psychologist or psychiatrist should be employed to see if any factors of the mental state of the defendant or victim can be used to reduce the offense to manslaughter. How mental state factors can be used depend upon the laws of the jurisdiction in which the case is being tried.

If it can be shown that the killing was unintentional, but reckless, in some states the case can be reduced to involuntary manslaughter. Involuntary manslaughter carries a significantly lower penalty than voluntary manslaughter. Sometimes what looks like a murder, an intentional killing, is really an accident under extremely stressful circumstances. Note that in some states an unintentional killing, if extreme enough, can be murder. Generally that type of act must be more than recklessness. Typically, to make an unintentional act murder there must exist a callous disregard for human life. In some states those types of acts are called "depraved heart murders."

As an example, a female was charged with murder when she stabbed her husband in the chest with a steak knife. They were in the kitchen making dinner and got into an argument. Because the knife hit a major artery near the heart, he died within minutes. The defendant told two different stories about what happened. She said it was an accident and she didn't mean to kill him. She was prosecuted for murder and taken to trial.

The defense noticed that the location and angle of the wound seemed odd for an intentional stabbing. The blade went in at an angle rather than vertical. This didn't seem consistent with how a person intentionally stabbing another would have stabbed. Also, the blade went right between the ribs in a soft area of cartilage. It seemed unlikely that a non professional could have known this vulnerability and hit it so precisely.

The defense retained a well-known pathologist who totally agreed and testified that all of the circumstances were consistent with an accident and inconsistent with patterns of known stabbings. A psychiatrist also testified to the woman's exaggerated startle response because of beatings from a prior relationship. The defense theory was that she accidentally stabbed her boyfriend when he quickly advanced towards her in the argument. She over-reacted and, without consciously knowing it, thrust her knife hand forward. The knife went through the butter-soft cartilage and pierced the artery. The jury found her not guilty of murder and found her guilty of involuntary manslaughter. Had she not been under the influence of drugs, the jury might have found the act to be a pure accident and totally excused her.

To show that a killing is either voluntary manslaughter or involuntary manslaughter, a thorough investigation, analysis, and reconstruction is mandated. Even if the act was not the type that would justify reducing a murder to manslaughter, the fact that the defendant was in the heat of passion could eliminate premeditation and deliberation and reduce the degree of the murder.

William F. Nimmo is a highly regarded San Diego criminal defense attorney who has successfully defended residents statewide for nearly three decades. He has been a San Diego criminal trial lawyer of the year and has been awarded the Directors' Award for Excellence by the San Diego Criminal Defense Bar Association

Florida Bankruptcy Lawyers

When a company or an individual is unable to repay a loan, the individual or the company is considered to be bankrupt. Sometimes companies incur heavy financial losses. For example, a printing firm gets 80 percent of its total income from a single publisher. If the publisher diverts its order to a different company, the printer loses a large portion of its total income. The printing firm becomes bankrupt.

Bankruptcy involves two parties: the debtor and the creditor. The debtor is the party in debt, who owes money to the creditor. A debtor can be a company or an individual. The creditor is an organization or individual to whom the debtor owes money. Most bankruptcy cases involve several creditors. There are basically three types of bankruptcy.

When a company is bankrupt, the trustee, a person appointed by the court, sells all of debtor?s non-exempt assets so that the debts can be repaid. This type of bankruptcy is known as liquidating bankruptcy, or Chapter 7 Bankruptcy. Individuals, corporations and partnerships file this bankruptcy.

Suppose a business or an individual is bankrupt, but continues to function, maintains ownership of all assets, and tries to work out a reorganization plan to pay off creditors. This is known as Chapter 11 bankruptcy. Usually, businesses and individuals who have unbearable debt file this bankruptcy.

An individual owns and controls his assets and works out a repayment plan with his creditors. This is known as Chapter 13 bankruptcy. Though it is like Chapter 11, this bankruptcy involves only individuals. The debtor retains control and ownership of the assets.

Whether it is a company, business or an individual, once bankrupt, the best person to turn to for advice and help would be a bankruptcy lawyer. The bankruptcy lawyer offers help to the client, who may be an individual, company or business, as described below.

He collects and files all the bankruptcy documents with the bankruptcy court. After this, the creditors are informed by the court clerk that a petition has been filed. Thereafter, a meeting of creditors is held at the court, with the trustee acting as President. It is mandatory for the debtor to attend this meeting.

After this, on the direction of the court, the trustee sells all of debtor?s non-exempt assets for the benefit of the creditors. Finally, the debtor is discharged and all debts, with some exceptions, are written off. www.floridabar.org, the official web site of the Florida Bar Association (the regulatory body of all practicing lawyers in the state), publishes several pamphlets, including one entitled `Bankruptcy,? for the general public. The website also has a lawyer referral service to locate Bar-Certified bankruptcy lawyers in Florida.

New Jersey DWI Lawyers

The Driving While Intoxicated (DWI) laws in New Jersey are very strict. Because of this, sometimes the accused in such cases feels that there is no point in spending money on a lawyer, and chooses to Plead Guilty. This may not be a wise decision, since there is a great deal that a competent lawyer can do to help. The common strategy is to minimize and possibly even avoid punishment.

The process of a DWI case consists of Complaint and Summons, Arraignment, Pre-Trial Discovery, Pre-Trial Motions, Trial, Findings, Sentencing and Appeal. The role of a counsel is to expertly handle the case through these steps. The lawyer will collect all the relevant records and study the details with an eye on the client?s Constitutional rights and defects in the State?s case.

Take for example a person being charged with DWI for drinking inside his parked vehicle. The state has to prove the intention to drive, and prove that the man?s Blood Alcohol Content (BAC) would be above the permissible limit when he operated the vehicle. A smart lawyer may be able to destabilize the state?s contention. If the accused is denied the result of the roadside test, it infringes on his rights. Some types of tests may not be scientifically sustainable. A delay in hearing the case may encroach on the citizen?s right to speedy trial. A prior DWI conviction in another state may not have been based on grounds that would attract the mischief of New Jersey laws.

There are many more possibilities for a good lawyer to help his client in a DWI case. A number of such lawyers practice in New Jersey. The initial consultation is usually free. But while choosing a lawyer, certain pertinent points should be kept in mind. It is often advisable to hire a specialist than a general law practitioner, for obvious reasons. Study his past record. If his operational style is to encourage the accused to plead guilty, perhaps one should look for another lawyer. One should not be afraid to ask questions; after all, the client is paying the lawyer and has a right to know what kind of service he can expect.

Drivers from other states involved in DWI cases can entrust the matter with local lawyers instead of spending time and money to return to New Jersey for attending the court procedure.

New Jersey Alcohol Treatment provides detailed information on New Jersey Alcohol Treatment, New Jersey DWI Arrests, New Jersey DWI Defense, New Jersey DWI Fines and more. New Jersey Alcohol Treatment is affiliated with New Jersey DUI Defense

Social Bookmarking for Lawyers

Ticklr.net is the latest social bookmarking site with a twist: Lawyers and legal links only.

Ticklr.net fills a void felt by many lawyers and other members of the legal community who asked for a simple way to maintain all of their legal links and legal bookmarks at one site, similar to del.icio.us, but without all of the non-legal information.

Ticklr.net is an easy way for lawyers and other members of the legal community to store all of a lawyer's favorite legal links in one place, accessible from anywhere; share legal bookmarks with everyone,including members of your law firm, other lawyers, members of the legal community and friends on your watchlist or just keep them private; and tag your legal bookmarks with as many labels as you want, instead of wrestling with folders.

What about the name? Ticklr.net is a legal bookmarking site. Lawyers use a tickler file system to keep track of important dates and information about cases. A tickler file system tickles your mind and makes you remember. That's just what Ticklr.net does. Ticklr.net tickles your mind and helps you remember your legal bookmarks anywhere, anytime. Drop your legal bookmarks into the world's largest Ticklr file.

Blogging has changed the way many lawyers practice law. By using as many legal resources and links available, lawyers can increase their blogging productivity and efficiency. Having all of a lawyer's legal links in one place like Ticklr.net makes the links easy to share with other lawyers in the same practice area and can help the free flow of ideas and cut down on the time it usually to takes to find quality legal information.

Ticklr.net is a great place for the public to search legal links easily. What better place to research a legal topic than the bookmarks used by lawyers?

Ticklr.net is part of the LegalHelpOnline.org network of legal sites helping lawyers with blogs.

Lawyers are not always a Solution for Credit Repair and Credit Building

Lawyers often charge high fees to help individuals get out of debt. Credit repair clinics are available to assist individuals with debt relief, but only the absolute desperate would even consider these types of solutions. So, if this is not the solution for repairing credit, then what is?

Many people that suffer from bad credit often wallow in a pond of self-pity believing there is no escape. Most people sit around waiting for the miracle that came to their neighbor's door to hit their door. The fact is there are no miracles that happen unless someone takes the first step to eliminate the problem. We all suffer at times, and some of us more than others. It depends on the amount you owe, but for most of us getting out of debt is possible.

Let's consider Bankruptcy Chapter 7. Chapter 7 Bankruptcy allows families and individuals to erase many of the debts owed to consumers. Chapter 7 Bankruptcy will often erase medical bills, home mortgage, car payments, and credit card bills. The disadvantage with Chapter 7 Bankruptcy is that you will have to give up some of your assets in most instances. Once you fill out the appropriate papers you will then go into an 'automatic stay' which stops all your creditors from contacting you. This means that the creditors cannot garnish money from your checks each month to apply toward the bills you owe.

It also means that the creditors can not deduct money from your checking, savings, money market accounts and so on. You are also protected temporarily since the consumers are not allowed to discontinue your electric or gas. The advantage of Chapter 7 Bankruptcy is that you have a degree of control over all assets and income that are available once the bankruptcy is in motion. There are debts that cannot be wiped out by filing Chapter 7 Bankruptcy.

Those debts include child support payments, college tuition loans, criminal fines and costs, or other similar bills. The problem with filing bankruptcy is that new laws are coming that will make it more difficult for debtors to file. The new laws in motion are nearly prohibiting debtors from finding a solution. Another form of bankruptcy that is available is the Chapter 13 Bankruptcy. Chapter 13 Bankruptcy means that the debtor keeps their assets while making lower monthly installments on their belongings. This is a good solution for building credit.

If you missed car or home payments it is a solution to help you repair your credit. The downside with Chapter 13 is that if you miss payments the courts has the right to change your plans. If the courts see that the delay is only temporarily they may issue you a 'grace period' until you get back on track, otherwise you might get a 'hardship discharge,' which means that your debts are dismissed. The best solution then is finding a solution for the problem that won't lead you into the courtrooms.

This is only a headache since you will have to make court meetings, be in someone else's control, and so on. The first step to repairing your credit and building to a better future is put some taps on your spending habits. Setting up a budget plan is a great start to credit repair without hitting the courts. Before long the law is going to make it virtually impossible for anyone to go to bankruptcy court, so it is time to get started now. If you are not good at budgeting, there are Nonprofit Organizations that will help you set up a budget plan for little or no cost.

Remember you are not alone, and there are people out there willing to help you get back on your feet. If you don't want to bother someone else with a budget plan you could also purchase software programs that offer the tools for budgeting. Quicken and many other software programs have excellent spreadsheet programs, analyzing tools, and so on to get you on the road to budgeting your money in order to repair your credit.

Information is this email is for information purposes only. Always contact your lawyer if you need legal advice.

Tony Robinson is a business owner with vast experience in all facets of Credit and Credit Repair - for further tips and techniques visit http://www.officialdebtfree.com

Legal Assistants, Paralegals And Lawyers - What's The Difference?

If you've ever dreamed of one day becoming a lawyer but you've been hesitant to take the plunge, a viable alternative would be a legal assistant or paralegal. Both are two peas in a pod and thus either one is probably as close as you can get to becoming a lawyer, without actually being a lawyer.

In addition, employment in this field is projected to grow much faster than average. The current trend of employers trying to reduce costs by hiring paralegals to perform duties formerly carried out by lawyers is expected to continue into the foreseeable future. As a result, employment opportunities are projected to grow much faster than average for the next 10 years or so.
From doing extensive research on various cases to helping create legal drafts and filing every important legal document, interested individuals can actually learn all that even in the comfort of their own homes through online paralegal training.

Online Training
From doing extensive research on various cases to helping create legal drafts and filing every important legal document, interested individuals can actually learn all that even in the comfort of their own homes through online paralegal training.

This is where you'll actually get the basic knowledge that you'll need in order to become a full-pledged legal assistant. However, be advised that law firms as well as other legal institutions are looking for highly skilled legal assistants who can outwit others with their keen sense of critical thinking.

Many online legal assistant and paralegal training programs will condense 27 subject units into 10 with 6 and 12-month certificate programs being offered. How you want to approach the training is really up to you and how the different options being offered best fit in your budget, schedule and how quickly you can master the subject matter.

Online paralegal training clearly has its' perks with the obvious one being convenience.

One must always keep in mind that even though the paralegals or legal assistants' primary function, whether working for a private law firm or government agency, is to assist the lawyers with their case loads. Duties include extensive case research and organizing all types of files, drafting contracts for clients, mortgages, drafting of separation agreements, tax returns, planning estates as well as other important legal duties.

However, there are actually some paralegals that do more than that. At times, they are also asked to organize and coordinate the schedules and activities of other employees in the law office, perhaps even to track law office financial records. Of course, this is clearly employer dependent and on the skill set each legal assistant brings to the table. On the other hand, it's always best to be prepared for such tasks, which is why you never place limits on yourself and why you should always be looking for ways to obtain additional training. In other words, even after you earn a 6 or 12-month certificate online keep going.

A few simple ways to enhance your knowledge is by reading various law books as well as absorbing the legal environment by watching the news and keeping abreast of current events. One should always strive to keep themselves up to snuff with whatever is happening in the news and try to challenge yourself even further by coming up with arguments and other legal discussions concerning whichever cases you've been assigned to handle.

Online training boasts of some of the best minds in the legal profession. They can offer their expertise in creating drafts for whichever situation that they may have a use for it and basically just give legal assistant hopefuls the basic knowledge behind law.

Due to the current and projected abundance of work opportunities is one of the primary reasons why there's been a literal mushrooming of online paralegal training sites popping up. Many of the traditional brick and mortar training schools and facilities are now offering online training.

Browse through all sorts of online paralegal training sites, compare training fees as well as how extensive their online paralegal training programs are. You'll make a wise chose if you put the same effort into finding the right source to train you and as plan on putting into the learning process once you choose who to receive your training from.

A great place to research and find answers to everything "paralegal" is Total Paralegal. Simply click the Online Paralegal Training link in the resource box below.

This article may be reproduced only in its entirety.Kevin Erickson is an entrepreneur and writer. For other articles he's written visit: Online Paralegal Training | Travel Nursing | Medical Transcription

The Ideal Auto Accident Lawyers

 When you finally need one, you want the best!
After an auto accident, putting the pieces of your life back together is possible. Financial relief is obtainable, too. You just need to make sure you have the right one to make it happen for you. Now, the big question is What must the seriously injured auto accident victim look for in a lawyer? Below are some important issues to think about when choosing the ideal auto accident lawyers to fight for you.

Knowledge and experience are the central qualities of any good auto accident lawyer. First, you must know your potential auto accident lawyers legal ability rating and general ethical standards rating that he has obtained for all of the past year/s of his career. These lawyers must have served as prosecuting counsel in litigation involving substantial injuries, and then obtained substantial settlements and jury verdicts.

In addition, knowing if the auto accident lawyers have obtained positive recognition in and outside the legal profession is also important. Also, an auto accident lawyer must have been recognized by his peers as established, superior trial lawyers. He must also verify that he is an effective legal advocate, by citation to important published appellate victories he has achieved. A lawyer's appellate success matters because it is a good measure of the attorney's vitally important general ability to argue and persuade on legal issues, and this is important for any auto accident case.

Finally, any good auto accident lawyer must see the logic of your wanting to assure that you will be properly represented in your auto accident case. He must also be willing and happy to answer any questions you may have about his legal qualifications.

The auto accident lawyers excellent legal ability and general ethical standard ratings, the recognition from their peers, their local and national reputation, their trial successes, and their appellate successes are all matters that you must inquire about in selecting the right auto accident lawyers for your serious injury case.

After all, choosing a lawyer is the most significant step of becoming involved in the legal process. Most people become very faithful to one lawyer with whom they have had success with in the past and past success is a very good criterion in choosing a lawyer. But, if you are new to the legal arena, and are faced with the critical task of choosing a lawyer for the first time, it cant hurt to look for some qualities that everybody looks for in a lawyer.

For comments and questions about the article, you may visit http://www.mesrianilaw.com