Arizona Lawyer Referrals

Saturday, May 29, 2010

As much as lawyers and doctors hate to admit it, their professions are very much alike. One of these similarities is that both doctors and lawyers can choose to specialize in a specific field or area of their profession. Another similarity is that there is also a well-established referral system among doctors and lawyers. This is very true in most areas, especially in places where there is a large concentration of doctors or lawyers, including Arizona. However, not all people are fully aware of the referral system in the practice of law, which in the final analysis is very similar to the referral system among doctors.

How does it work among lawyers?

In the legal profession, the referral system is similar to that of the medical profession. In the legal profession, there are referral attorneys who get clients not because they want to represent them but because they want to refer them to other attorneys who specialize in the cases of the clients. This is similar to the referral system in the medical profession where general practitioners or other doctors refer patients to other doctors who are specialists in the diseases of the patients. In the same way that doctors who refer patients get a percentage of the fee, referral attorneys also receive a percentage of the legal fees of the lawyer to whom they referred the clients.

However, in the referral system among lawyers, there are instances wherein the referral attorney would only earn the percentage f the legal fees if the actual lawyer handling the case wins the case. The good news is that this augurs well for clients who approach referral attorneys because given this set up, referral attorneys have an incentive to refer them to really good lawyers to increase the chances of winning the case.

In the legal profession, there is also a well-established referral system wherein referral attorneys earn by attracting clients for the purpose of referring them to other lawyers. However, unlike the referral system in the medical profession, referral attorneys have an incentive in referring clients to really good clients because of the fact that they will earn only if the actual lawyer wins the case. Given this, getting the help of a referral attorney for a person's legal needs can be considered a win-win situation.

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The Top 5 Specialist Attorneys

Friday, May 28, 2010

The importance of finding a specialist attorney cannot be overstated. In this respect, law is like medicine. A general practitioner frequently refers patients to doctors who are more qualified to deal with specific issues. Within law, there are a few specialties that are broad enough to be common place. These include bankruptcy law, tax law, DUI/DWI specialists (which is also handled by the following specialty), criminal defense, and finally, family law.

Bankruptcy lawyers are highly specialized. They provide legal expertise for individuals and business enterprise. They frequently accomplish this by dissolving old debts through the skilled liquidation of the client's assets. The funds can then be distributed to creditors as they see fit. They can also settle the issue by creating a court-sanctioned plan of restructuring. A bankruptcy lawyer will guides clients toward the proper financial resolution.

When individuals find themselves overwhelmed with taxes, they should definitely consult with a tax lawyer to discover their options. Tax fines can get out of control. It's always advisable to fully address the problem as soon as possible so that concerns can be resolved before they are too large. Delaying resolution until the final hour can be more costly; it can even result in jail time for some. Tax attorneys are adept in these areas.

The penalties for DUI/DWI cases are getting more complicated. And while it's true that there are guidelines in place for the court to follow, other unforeseen factors can influence the outcome. Sentencing in a DUI case is always affected by the unique facts of the case itself. For example, any weaknesses that are uncovered by the defense attorney can make a huge difference in the outcome. Because of this, look for an attorney specializing in these kinds of cases. Obviously, finding the right DWI/DUI attorney is of the utmost concern when an individual is charged with drunk driving.

The nuances of criminal defense call for representation that knows the area completely. In every step of a criminal case, the value of the right representation is clear. At every stage of the litigation process, starting at the investigation and moving into the preliminary proceedings, a competent defense attorney is crucial. This is especially true when plea-bargaining is involved.

Family law is commonly associated with divorce. But in reality, family law attorneys deal with a variety of cases. For example, requests for adoption may come under the heading of the family law specialist. In this case, the lawyer must gain permission for a client to adopt. And of course, divorce is an issue that family lawyer is skilled at dealing with. With a high divorce rate and complex state divorce codes, couples may eventually need to seek an attorney who specializes in family law.

While there are many other types of law specialties, these are the most common. The importance of finding the right attorney for the area of law in question is crucial. Indeed, when it involves a criminal investigation, it can be the difference between severe penalties and those that are significantly more moderate.

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The Criminal Rap Sheet - Examination & Comprehension

Thursday, May 27, 2010

Every time a person is taken into custody and fingerprinted in any state, that person has developed a "rap sheet" in that state. A criminal rap sheet is an account of criminal activity committed by a person, and the State Department of Justice ("DOJ") is responsible for maintaining these criminal records.

Each state has its own rap sheet, and every time the person is taken into custody in that state, it is added to the existing rap sheet. To explain further: if someone is arrested in Arizona, a rap sheet is created by the Arizona State Department of Justice for that person, even if that person also has a rap sheet in Texas for crimes committed there.

So, a separate rap sheet is generated each time a person is detained and fingerprinted in another state. Want to have a rap sheet in each of 20 states, then get arrested in 20 different states!

Now, if someone is arrested for a federal crime, the FBI maintains a separate rap sheet on that person. This is in addition to the FBI file containing detailed accounts of that person's arrests throughout the country and any additional federal arrests.

If someone is taken into custody for a matter, for example, driving under the influence (DUI), after the court makes its decision, those records of the decision are sent to the DOJ. DUI cases are not concluded with a "guilty" or "not guilty" verdict, but rather with determinations such as "acquitted", "convicted", "dismissed", or "not convicted".

In a DUI matter, the rap sheet will reflect a conviction, which would result from either the person pleading "guilty" or the determination at trial was guilty. The offense of a criminal conviction, such as a DUI conviction, is established by the nature of the case itself and the type of offense (felony or misdemeanor).

Let's say the person entered a plea of guilty and agreed to complete a court-appointed probationary period, that guilty plea would not be recorded as a conviction if the person did indeed complete the probation.

A person's rap sheet can reflect a conviction whether the person was incarcerated for a period of time or not. A conviction can be a court decree of community service, conditional sentencing, fines or probation. The rap sheet will have a "disposition" entry detailing the kind of offense for which the person was convicted.

The standard items you will see on a person's record will consist of non-criminal offenses called infractions that will likely have a fine attached to them but the defendant does not have to be incarcerated for any length of time. Infraction offenses could be anywhere from speeding tickets to loitering in a public area.

Typically, a first DUI conviction will be accompanied by a short time in jail, a fine, and several other penalties, and that is usually labeled as a Misdemeanor offense on a rap sheet.

Arson, burglary, carjacking, robbery, and DUI which injures someone else are labeled Felony offenses because they are considered very serious and their penalties can include time in prison.

A Wobbler is another kind of offense that could appear on someone's rap sheet. Different states call this type of conviction by different names. Essentially, a criminal offense that can be labeled as a Felony or a Misdemeanor is called a Wobbler, after its ability to "wobble" between the classifications. Assault with serious bodily injuries, grand theft, DUI and possession of stolen property are all examples of Wobblers.

The rap sheet might contain special dispositions which have deferred entry of judgment. To qualify for deferred entry of judgment you must meet certain conditions established by the court, such as being charged with DUI but having no previous convictions involving violence or drugs. However, meeting the conditions alone will not give you a deferred judgment because the prosecution must agree to the deferred judgment for the court to accept it.

When someone has completed specific court ordered criteria, for example finishing a court-ordered drug and alcohol treatment program in lieu of spending time in jail, it is called Conditional Sentencing.

Vacating or Setting Aside a Guilty Plea or Verdict is another kind of special disposition. If the person has fulfilled their court-ordered probationary criteria or has been victorious in the appeals process, the court may set aside the verdict or guilty plea.

If you fail to appear for your duly appointed court date, the court can issue what is called a bench warrant for your arrest, and the court then informs the DOJ. When a bench warrant is handed down, that warrant goes on your criminal record right next to any prior convictions you may have had.

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Arizona DUI Attorney Fees

Wednesday, May 26, 2010

The attorney fees for DUI offences in Arizona fall in different ranges in a wide variety of structures for different attorneys. There are those that charge a rock bottom fee and those whose fees are much higher. When it comes to choosing an attorney, though, it is not always a good idea to go with the cheapest or most affordable.

Attorneys who are good start getting more DUI cases through word of mouth publicity. Instead of getting overextended and not being able to do a good job of their cases, most of these successful DUI attorneys raise their fees and thus take select clients.

Those attorneys that charge rock bottom fees are the ones to be wary of. Since their fees are low, they need to take up more and more cases to survive. What this means is that they have less and less time to devote to each case, which may not be the best thing for the client. There are also attorneys who advertise and have a sales team pitching for them. These attorneys too have to take up a lot of cases to meet the expenses involved in advertising and keeping a staff. These attorneys may not have the requisite skills, expertise or attention required to handle a case.

One needs to keep in mind that attorneys' ethics prohibit them from entering agreements where the client pays them only if they win the DUI case.

Among the many variations to the fees structure available in Arizona, there is the flat fee structure, under which the client pays the full fees upfront, covering the entire range of work. This kind of an agreement is advisable for a client since under such circumstances the onus is upon the attorney to speed up the case in favour of the client so that the attorney can move on to other cases.

The other type of fee structure is one where the flat fee is spread over different phases. For example, the attorney may have a flat fee till a jury trial, and once the case proceeds to a trial, he or she will charge an additional fee.

The actual cost of hiring an attorney varies. Yet, one can expect an Arizona DUI attorney to charge anywhere between $3,000 to $15,000 for a first time misdemeanour, while the fees increases upwards from $15,000 to even beyond $25,000 for felony DUIs, excluding other costs and expert witness fees.

Some attorneys prefer to charge by the hour, with $300 an hour being a common rate. These attorneys seek an upfront retainer, upon which the billing is done. After the exhaustion of the original retainer, the client is asked to replenish it again. There are also some attorneys who adjust their payments based on the financial needs of the client.

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A Guide to Arizona DUI Attorneys

As with any service that you may need, the Internet is one of the best sources to find individuals and companies providing the services that you need. With regard to legal services, this is also very true because lawyers and law firms also advertise their services online. Although this may augur well for people who enjoy picking from a wide selection of choices, the fact that there are thousands of individuals who offer legal services can also mean that some of them may have other agendas. Given the ease with which a person can put up a web site, there may be times when the "lawyer" that you are dealing with online may only be out to con you out of your money. Given this, people need to arm themselves with information so they can avoid being fooled by these "lawyers."

Things to watch out for

If in case you find yourself being charged with DUI in a place like Arizona where there are stiff penalties, you also need to be aware of a number of things to consider when hiring a lawyer. Usually, this involves knowing what you should be wary about when dealing with lawyers. One of the things you should be wary about is the "sweet talker," who promises you all the best scenarios with regard to your case. Usually, these lawyers may only be after the acceptance fee or the retainer's fee you would give them. Another thing you should be wary of is the overextended lawyer, who may not have the time to effectively handle your case because he is handling too many other DUI cases.

With regard to the fees that lawyers quote you, you should also be wary of those who charge too high or too low because the motives that they have for doing so can be suspect. In Arizona, you should only expect to pay about $3,000 to $15,000 for a first offense. For felony DUI's, you can expect to pay between $15,000 to $25,000. If the lawyer would charge an hourly rate, expect only to pay about $350.00 per hour.

In getting legal services, the Internet can serve as one of the best places to start your search. However, the Internet is also home to some unscrupulous people who only want to fool you out of your money. Given this, it would be best to get an idea of what you can expect to see in the market so that you can avoid being fooled by lawyers who cannot give you the legal services that you need.

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