Friday, November 20, 2009

Choose an Experienced Lawyer and Always Be At Safe End

We all very well know that marriage breakups are happening each and every day. So finding out a divorce lawyer who will be ready to take on a case is not very easy always. Few guidelines are given below:

*Be responsible.
*Always choose a very experienced lawyer.
*Do always have the right approach.

You will for sure need to find out a very good lawyer having a very good experience in this particular field. But all this will really be a waste, if you cannot trust him/her or you are not at all comfortable with him/her. So do look for a lawyer you will comfortable with. Do always make sure that you know very well what you intend to ask and also record the each and every answer as each and every time you contact your lawyer. This is because there will be some charge involved so do note the duration and also the date of each and every conversation.

One thing that can help you save a lot of money is that try to have conversations with the lawyer on phone if possible. This will for sure help you in saving a lot of money. You must also hire an attorney. But the thing is that an attorney does not come in reasonable rates, so use them only for the purpose you hired them. They are not at all there as a solver for the emotional problems. There are present a very large number of other professionals also who are specialized in that area.

The advice given by the traditional attorneys will tend to be adversarial and they also tend to be very much oriented to problems whereas the mediation minded attorneys are likely to give you problem solving advice. Planning is for sure very much crucial and whilst there are things that you require to prepare, each and every contact with your lawyer must be very brief and also to the point too. If you want to get the best divorce lawyer for you, leave any of the petty arguments that you and also your spouse have, aside from the case of divorce. Let your divorce lawyer know very well from the beginning that you will be in the charge of the case of divorce and also they are just for giving legal advice only and not for getting lean on when the things begin getting rougher.

Wednesday, October 14, 2009

Perjury For Filing A Writ Of Habeas Corpus?

Reading between the lines from this KXAN news story, “Man Faces Life In Prison for Perjury”:

A Liberty Hill man faces life in prison for aggravated perjury charges after claiming he was innocent following a plea bargain with the Williamson County District Attorney’s Office.

Prosecutors say Markus Peavy had made false statements in his plea bargain and the writ when claiming he was not guilty of DWI charges. Peavy is two years into a 55-year sentence for a fourth DWI conviction.

The defendant must have signed paperwork and been sworn in to give oral testimony at his plea of guilty two years ago – either “in exchange” for an agreed sentence of fifty-five years, or possibly plead unnegotiated, i.e., threw himself on the mercy of the court (not usually a good idea in Wilco).

At some point in the penitentiary, a jail house lawyer either helps him file or files a writ on his behalf, alleging among other things, that he is innocent. A sworn “this is true and correct” affidavit is signed by the defendant and filed with the writ.

Texas Penal Code Section 37.03, Aggravated Perjury:

(a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement:

(1) is made during or in connection with an official proceeding; and

(2) is material.

(b) An offense under this section is a felony of the third degree.

Putting aside general notions of decency, fair play, common sense, judicious use of taxpayer monies and simply grading for creativity alone…? Williamson County District Attorney John Bradley gets an A+ on this one.

You walk into court, swear under oath that you are guilty, and then later swear in your writ that you are not. Seems to fit the language if not the intent of the statute.

But wait a minute. How are they going to prove which was the lie? Was he lying the first time, when he said he was guilty? Or the second time, when he said he wasn’t?

Doesn’t matter.

Texas Penal Code Section 37.06 Inconsistent Statements:

An information or indictment for perjury under Section 37.02 or aggravated perjury under Section 37.03 that alleges that the declarant has made statements under oath, both of which cannot be true, need not allege which statement is false. At the trial the prosecution need not prove which statement is false.

Of course, they’ve already extracted the 55 out of him without even going to trial the first time around. What’s going on here? I think his trial defense lawyer, Scott Steele, hits it right on the nose:

"Maybe they are trying to make a point not to engage in the procedure if they do a plea bargain,” said Steele.

Aha! The chilling effect. Stack a few 25 to life sentences on top of a few defendant’s plea bargains, and you’ll put the jail house writ writers out of business (and maybe some appellate criminal defense lawyers too).

Tuesday, August 18, 2009

Online Car Insurance Quote Primer

Getting online car insurance quotes is easy and can save you hundreds. Follow these tips to make sure you get the right quotes as conveniently as possible.

First, you'll want to make sure you get at least three quotes from different companies. This is because auto insurance rates can vary tremendously from one company to the next. When you get a variety of quotes, you can see which company is the lowest. One of the most convenient ways to do this is by using an insurance comparison site. These types of Web sites allow you to enter your information once, and then provide several quotes back.

Next, get some information ready to make the process go quicker. Some of the information you'll want includes make and model of each vehicle, driver's license and Social Security numbers for each driver, and the coverages and deductibles you'll want. If you are just shopping around to look for a better deal (a good idea) and have a current auto insurance policy, you can use that for your information.

Make sure to take notes about your quotes to help you compare and decide. You can just jot down information on a sheet of paper, such as the amount of the quote, deductibles and coverage limits plus the name and contact information for each company or insurance agent.

Once you've found a quote you like, it's a good idea to check into the company's financial stability. After all, you want to make sure the company will be around when you need them most -- during a claim. There are several organizations that rate insurance companies, such as Weiss, Standard & Poor's and A.M. Best. They may have ratings on the company you're interested in on their Web sites. You can also check with your state's insurance department to see if there have been any complaints about the company.

Also, when you are looking for quotes, and after you've found a quote you like, ask about available discounts. Discounts such as multi-policy, Anti-lock Brake Systems (ABS), anti-theft devices, low mileage, and good student can lower your premiums anywhere from five to 20 percent.

Monday, August 10, 2009

The Law Offices of Austin

Why do so many criminal defense lawyers, who are solo practitioners mostly, insist on getting a DBA or incorporating as “The Law Offices of [John Smith]” plural? Instead of “The Law Office of [John Smith]” singular?

Actually it’s not just those in the criminal defense bar I notice doing this; it’s solos of all kinds. I suspect they want to project an image of a big law firm where tons of attorneys are running around doing all sorts of busy criminal defense work all day. That’s what will attract clients (the theory goes).

In fact, the reason most of us are solos is that you need one attorney, not many, to handle all important aspects of your case.

I office with two other Austin defense lawyers, Lance Stott and Dax Garvin, but we’re not partners, we are criminal defense lawyers who share some office space a few blocks from the jail. Well, we’re friends to, but from a business standpoint, we are all solos.

And we occasionally “handle” a court setting for each other if necessary, but it’s almost always the type of setting where nothing really happens. The case just gets reset. Most of those times it’s when the client’s appearance is not even required.

Or it might be that the resolution to a case has already been determined (plea of no contest for probation or backtime, or turn in a counseling certificate to get a dismissal, etc.) and one of us is wrapping up the case for the other because we have to be somewhere else.

But we all work substantively on our own cases. We don’t share the work load of a criminal defense case. (The exception to that is sometimes it’s helpful to run a PC affidavit or an indictment past a colleague to bounce ideas off of them. “Hey, so you see anything wrong with this charging instrument?”)

Another exception of course is in “big” cases. Big big cases sometimes require multiple lawyers. And it’s always helpful to have someone around to second chair a jury trial, even if it’s “just” a misdemeanor.

But none of these are reasons to call yourself “The Law Offices” of So-and-So, when really it’s just you, the one attorney, and your staff.

And when you explain to a potential client that you, the human being sitting in front of them, will be the one “handling” all of the important settings in their case, you’ll find out that most people appreciate that. So there’s no need to project the image of the multiple busy lawyer law firm with hundreds of attorneys, spread out over several law offices, possible several states plural.

It’s perfectly OK to be the “Law Office of”… Just you, one lawyer, who knows every aspect of each client’s case.
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