Checking For Desired Qualities In Your Attorney

An attorney in general has a lot of responsibility that comes along with their profession. These responsibilities help classify them into different types of lawyers. One such type is the criminal lawyer. Any lawyer who is specialized in handling crime is a criminal lawyer. Whatever the branch of criminal law a lawyer is handling he will have to do a couple of things like naming the crime, finding out the person performing the crime and helping define the victim and be through with all proceedings involved in criminal cases.

The success of the case depends on how the case is dealt with and the lawyer’s capabilities in knowing everything these is to know. A professional will be able to gather any evidence that is available and all the intricate facts of the case.

Substantive criminal law is a section that deals with the punishments for crimes. By understanding this law an attorney would be able to deal with the case effectively. Apart from handling the case really well an attorney also needs a lot of other great attributes.

The welfare of the client is of prime importance and the attorney has to ensure this. This involves giving the case all he has and remembering at all times that the attorney is working with the client’s best interest in mind. Understanding the client and his background is of prime concern and the lawyer needs to ensure this. He would be able to assist them only if he understands their basis.

Since there is very little time available an attorney has to be able to work fast to keep his client from serving jail time. The attorney has to keep in mind that the client has a life to lead and that he cannot take forever to help him get due justice. Also the attorney has to keep everything that the client says to himself as he is sworn by confidentiality. He will try to save the client even if he confides that he is guilty.

A criminal attorney would be the best person to turn to when you fear facing tax frauds or any other tax charges. If you want to avoid the penalty when the IRS is coming to get you then you need to get hold of your criminal attorney. Consider an attorney who would be competent at the same time affordable. Looking for these attributes will ensure you walk a free man.

Los Angeles criminal attorneys are specializing in criminal law. Visit our website and do yourself a favor.

Article Source: http://EzineArticles.com/expert/Rajesh_B_Sanghvi/1284637

 

Being Vigilant On Choosing A DUI Attorney Will Rid You Of Any Uncalled Headache

It’s a serious dilemma to be facing DUI charges. The severity of the sentence may be based on the seriousness of the case and depending on if you’ve been accused before. You may have to serve jail time or sometimes just a fine. Whatever may be the case, having an attorney to represent your case makes your stand stronger. You also need to be careful about choosing the right attorney because a felony is usually a resultant of DUI charges and this can affect your employment, living in certain areas and sometimes bars you from getting certain loans. This is exactly why you cannot afford to have a felony. An experienced attorney can help you avoid such charges.

Mistakes are something that humans commit, there is no denying it and so you shouldn’t bother about the attorney judging you, instead it will help realizing that he only exists to help you overcome the charges by helping you all the way. It is vital that you hire the services of a lawyer who is experienced with Dui cases and has a lot of useful knowledge with regards to the charges.

Preparation of defense

One thing to clarify is that if one is accused of DUI it does not mean you are convicted. A lot of individuals have been able to come clean and beat the charges. This can be done only if a strong defense is planned. Since your attorney understands that you would be considered innocent until proven guilty he can easily defend you by saying that your breath test was not correct or he can say that you were pulled over for the wrong reason. There can be many more such defenses planned. An experienced attorney would be able to effectively handle any point put forth by the prosecution. The attorney would be able to handle this only if he is well aware of all the tricks in the book.

Identifying a good attorney requires a lot of efforts from your side. You can ask friends for references or you can look for professionals on the internet. Checking for reviews will give you a fair idea of how good they are.

It is absolutely vital that your attorney is well versed with the laws and rules only then will he be able to help you deal with situations and questions that may arise in court. He can then train you in a way that you would be able to handle the court smoothly. Being able to build a good rapport with your attorney is of prime importance because he is the only one who can save you from being prosecuted.

A Los Angeles DUI defense attorneys is sure to have a professional background and would be able to help you walk a free man. Visit Our Website! And be assured of quality services.

Article Source: http://EzineArticles.com/expert/Dhivya_Rateesh_Nair/1635440

 

A Guide For Drunk Drivers On Reasons To Get Yourself An Attorney

There are a lot of things that you can do yourself so as to save a lot of money but defending yourself when charged with DUI is not one of them. It is vital that you do your research and talk to a professional DUI attorney if you wish to walk free.

There is no denying the fact that A DUI lawyer may prove expensive, however you need to consider the services you are being provided for the money too. There is a lot of effort put in by the lawyer and so he would in fact want to be paid for it.

The seriousness of DUI charges

Though just misdemeanor, DUI is considered a serious offence. The fact is that the killing of innocent people even if it is by a drunk driver is absolutely unnecessary and punishable. Also this act is hyped by the media too. This has positive as well as negative consequences because sometimes you may not be guilty of the charge yet you are brought under scrutiny. This reduced tolerance lands the offender with severe sentences.

In case you are guilty of committing the crime then it is not wise that you make a misjudgment the second time by choosing to defend yourself. There are a lot of things that can happen when you make this wrong choice such as risk losing your job, time, family and freedom too. You can also end up being crippled financially. It is therefore better to get yourself a lawyer to represent you.

Attorneys who handle DUI are ultimately specialists in criminal law

DUI attorneys specialize in the field and they are masters when it comes to criminal law. Though all criminal lawyers practice criminal law not all are equipped to handle DUI cases. This is not how DUI lawyers work. They are professionals in criminal law and they are specialists in DUI. You need to look for a lawyer who is specialized in DUI dealing and never settle for just a criminal lawyer.

If you aren’t able to find a specialist, you need to at least ensure that the lawyer is accustomed with the general DUI terms.

The financial aspect

Since a professional is specialized one would have to pay a higher fee. The attorney will have various fee arrangements that he would quote and you would be able to choose an option that suits you. He will charge you with an hourly fee or a flat fee so be prepared with those terms. Also keep in mind that the fees are not related to the outcome. You will be expected to pay regardless of winning or losing.

The best way to get yourself off the mess is to be represented by an experienced California lemon law lawyers. Contact us and be relieved of all the stress.

Article Source: http://EzineArticles.com/expert/Dhivya_Rateesh_Nair/1635440

 

Right to Information – A Gateway to Fight Corruption

INTRODUCTION: September 28 is celebrated internationally as right to know Day. In spite of the fact that India has won its battle of independence in 1947 making democracy its weapon, unfortunately, the truth was something else. The power was handed over to the politicians and democrats, not to the common man then. In India, following a nationwide campaign led by grassroots and civil society organizations, the Government passed a landmark Right To Information Act in 2005. It is an Act ” to provide for setting out the practical regime of right to information for citizens “. RTI mandates timely response to citizens’ requests for Government information. It is a initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a RTI portal Gateway to citizens for quick search of information.

The idea that Government withhold information for the public has become outdated. During the last decade, many countries have enacted legislations on freedom of information. In India, the Official Secrets Act 1923 was enacted to protect the official secrets. The new law intend to disclose information replacing the ‘ culture of secrecy ‘. It will promote public accountability which will trim the malpractices, mismanagement, abuse of discretion and bribery etc.

OBJECTIVES: The object of RTI is to empower the citizens, promote transparency and accountability in the working of the Government. The Act is a big step towards making the citizens informed about the activities of the Government. Social Activist Aruna Roy has described India’s RTI as ” the most fundamental law this country has seen.”

EFFECT OF RIGHT TO INFORMATION: While the debate on corruption in the country rages on, the RTI Act is fast growing as an effective anti- corruption tool.

Jan Lok Pal Bill gained tremendous public support with citizens coming out on the streets of Delhi, Bangalore and other cities to voice their anger over corruption. Where RTI has been used by journalists and the media, the law has a broad base of users. Earlier right to freedom of speech and expression is granted under Article 19(1) of Constitution, but it requires fair and efficient procedure to make the freedom of information work. In the first three years, 2 million RTI requests were filed. The first and well known movement was by Mazdoor Kissan Shakti Sangathan (MKSS) in Rajasthan for the access to village accounts. Case studies and media reports shows that RTI is being used to redress individual grievances, access entitlements such as Ration Cards and pension. The RTI has paved way for informed citizenry which would strengthen the democratic Government of India. With this Act, we can use our right to speech and expressions and control the Government activities effectively. The idea of open Government is becoming a reality with the implementation of RTI Act. The RTI can be called a success only if the bureaucracy accepts that they have constitutional to serve into.

PROVISIONS OF RTI: Section 3 says all citizens shall have right to information. The Act enforces a duty upon the public authorities to disclosed all information. In V.S.Lee V. State of Kerala.. the remedy provided by Parliament is that wherever there is substantial financial support, the People, have the right to know or information. Section 4(2) states that every public authority shall take constant steps to provide information suo moto to the public. Thus, the authorities have to give information voluntarily so that the public have minimum resort to use this Act. The public authorities also have to disseminate (making known or communicated the information to the public through notice boards, newspapers, public announcements, media broad casts, internet and inspection of offices of public authority) information widely in any form which is easily accessible to the public. Information can be obtained by request in writing or through electronic means in English or Hindi or in official language of the area U/S 6. Here, the person has to give fees, and if request can’t be made in writing, the Central PIO and State PIO shall render all assistance to make request in writing form. If the information has been provided correctly or within time, it may be made available by appeal or complaint to the Information Commission U/S (8(a) 1). In The Registrar General V. K.U. Rajasekar, it was held that Section 8 of RTI specially deals with the cases of exemption from disclosure or information when such information affects prejudicially the sovereignty and security of India etc. Section 5 says every public authority shall within 100 days of enactment of the Act, designate as many as officers as the Central Public Information Officers or State Public Information Officers.

Section 6 permits person to obtain information in English or Hindi or in the official language of the area from the designated officers. The person need not to give any reason for the request. Section 7 requires the request to be disposed of within 30 days provided where information sought for concerns the life or liberty of a person, the same shall be provided within 48 hours. Section 7(7) before taking any decision for furnishing the information, the designated officer shall take into consideration the representation made by the third party U/S 11. Section 7(9) exempts granting information where it would divert the

Resources of the public authority or would be detrimental to the safety and preservation of the record in record. U/S 8,it is important to note that the Act specifies that intelligence and security organisations are exempted from the application of the Act. However, it is provided that in case the demand for information pertains to allegation of corruption and human rights violations, the Act shall apply even to such institutions.

RIGHT TO INFORMATION AS A FUNDAMENTAL RIGHT: The RTI is a fundamental right as in Article 19(1)(a) of the Constitution is now a well settled proposition. It has been discussed by Supreme Court in Number of cases, it has been read into Article 14.(Right to equality), 19(1)(a) freedom of speech and expression and Article 21 (Right to life) through cases such as Bennet Coleman V. Union Of India, Tata Press Ltd. V. Maharashtra Telephone Nigam Ltd. Etc. The same Articles were also interpreted in Kharak Singh V. State of U.P., Govind V. State of M.P. ETC. to include within their scope a right to privacy.

A plain reading of Section 11 suggests that for the section to apply the following three conditions must be satisfied (I) if the PIO is considering disclosing the information (ii) the information relates to the third party (iii) the third party treated the information to be confidential, the third party to be consulted and a notice to be sent to that party. Section 19 provides two tier system of appeals- First appeal and Second appeal. Any person who is aggrieved by the decision of the Central PIO and State PIO within 30 days can prefer First appeal before the First Appellate Authority. This authority shall be an officer who is senior in rank to the Central PIO and State PIO. An appeal can also be made by third party. The Second appeal lies before the State or Central Information Commission against the decision of the First Appellate Authority. It has to be filed within 90 days. As per Section 19(7), decision of Central or State Information Commission is final. The Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media and governance. In Nirmal Singh Dhiman V. Financial Commissioner Revenue, Section 23 says that no court shall entertain any suit, application or other proceeding in respect of any order and no order shall be called in question, otherwise than by way of an appeal. In case, the complainant was aggrieved against the non-supply of information by the Public Information Officer.

CRITICISM: The Act has been criticized on several grounds. It provides for information on demand, but does not sufficiently stress information on matters related to food, water, environment and other survival needs. It does not emphasize active intervention in educating people about their rights to access information. Another thing is allowing for file notings except those related to social and development projects to be exempted. File notings are very important when it comes to the policy making of the Government.

CONCLUSION: By enacting the RTI, India has moved from opaque and arbitrary system of Government to the beginning of an era where there will be greater transparency and to a system where the citizen will be empowered. The real Swaraj will come not by the acquition of authority by a few but by the acquition of capacity by all to resist authority when abused.

“KNOWLEDGE IS POWER, INFORMATION IS POWER, THE SECRETING OF INFORMATION MAY BE AN ACT OF TYRANNY CAMOUFLAGED AS HUMILITY.”

Article Source: http://EzineArticles.com/expert/Vanita_Bansal/2224633

 

How To Get The Best Lemon Law Attorney

When it comes to hiring a lawyer, you need to focus on what kind of an attorney you are looking for. For an instance, you can’t hire a divorce lawyer to fight a criminal case for you! Similarly, if you have an issue with a car or product that you have purchased, there is only one professional, who can help you in filing the case against the seller or the manufacturer of the product – lemon law attorney!

The big question that arises in the mind is – how to get the most professional and experienced person to fight the case for you, when it comes to fighting against the money you have invested in something, which is of no value to you at all? Read below to know about the things you need to do:

Research well to know about different attorneys in this field:

Unless you research, you can never find out about all those professional people that are working days and nights in this field. Lemon laws are too many to remember by any ordinary person; therefore, you need someone, who knows in and out of this subject. Let Google be your new best friend and guide; search for all the professionals in your area.

Meet new professionals to learn about them:

Once you make a list that has at least four to five lawyers, start calling them and meeting them. You may think that you are wasting time, but once you file a case against the seller and find out the advantages of doing so, you know that it is all worth it.

Don’t haste in hiring someone and don’t hire a person, just for the sake of it:

Just because you have a case or you are impatient doesn’t mean you need to give the case in the hands of any Tom, Dick and Harry! Remember – ordinary people can only fight the case for you; you need someone experienced to win!

Don’t be hesitant to keep your budget in front of the lawyer; he won’t bite you!

At least talk to the lawyer about your budget. Nobody expects you to be a millionaire, even if you are earning well! Let him know how much you can offer to him and the percentage he can expect in future, if he wins the case for you.

Learn about the attorney, before you even think of hiring him:

If he has a website, find out about him as an attorney. If he is good enough, his clients must have left good reviews!

To hire the best Los Angeles Lemon Law attorney, visit http://www.lemonlawattorneyinla.com/.

Article Source: http://EzineArticles.com/expert/Rajesh_B_Sanghvi/1284637