ATTORNEY BASICS

How to Act Within Your Rights if You've Been Arrested for Looting

2009-11-28T13:19:00.000-08:00

Looting is a crime characterized by the unlawful theft of property, typically during a crisis or military action. Looting can be done for profit (such as stealing electronics products to resell) but sometimes it's done in the interest of survival (looting a supermarket for food and water, for instance). If you're arrested for looting, know your rights.

Instructions

Hire a defense attorney as soon as possible. If you cannot afford one, ask for a court-appointed attorney.

Remember that the Fifth Amendment is your right to remain silent. You are not obligated to answer any questions that might incriminate you.

Understand that you are innocent until proven guilty in a court of law.

Have your lawyer present when you are questioned.

Do not admit guilt unless you are advised to do so by your attorney.

How to Prepare for a Criminal Trial as the Defendant

2009-11-28T13:13:00.000-08:00

Persons charged with crimes are entitled to a criminal trial to defend themselves against the charge(s) against them. It is absolutely necessary for defendants to sit down with their attorneys and thoroughly prepare a defense strategy to have the best chance of beating the charges and avoiding fines or prison time. Follow these steps to learn more.

Instructions

Maintain a respectable appearance. Though the law compels the jury to be impartial and find you guilty or not guilty based solely on the evidence before it, looking as though you care what the jury thinks of you can only help your cause.

Hire a qualified criminal attorney to represent you during your criminal trial. Get the best lawyer you can afford. Remember that many law firms specialize in certain types of cases. No matter what crime you are accused of, there's a law firm somewhere that can defend you against the charges.

Meet with your attorney regularly to prepare a defense. Be candid with your attorney. Lawyer-client confidentiality laws protect you.

Follow any advice your attorney gives you to the letter. Your lawyer may advise you on your pretrial conduct, people you should or should not associate with and things you should or should not do to prepare.

Stay out of trouble. Don't do anything illegal while you are free on bond or bail. It is disadvantageous to your defense if you are charged with any further crimes while you are already the defendant in a criminal case.

Arrive on time for all court proceedings, because you may be found in contempt of court if you don't. Such a ruling will negatively impact your chances of acquittal.

Be courteous and respectful to court officials, especially the judge and jury. Juries are unlikely to acquit an impudent or arrogant defendant, and the judge has the final say on your sentence. If you have consistently treated the judge coarsely, he or she may levy the harshest punishment allowed.

Know your rights as you go through the criminal justice system. The American Civil Liberties Union (see the Resources section below) is a good place to find information and advocacy for your rights.

Tips & Warnings

The defendant in a criminal trial has special rights under U.S. law, including the right to a speedy trial and the right to due process.

If you are convicted of a crime in a criminal trial, it will be on your permanent criminal record. A criminal record can be detrimental to your ability to secure gainful employment, travel outside your native country or apply for credit from financial institutions.

How to Prepare for a Criminal Trial as a Witness

2009-11-28T13:09:00.000-08:00

Witnesses are vital to both the prosecution and the defense to help establish the guilt or innocence of a defendant in a criminal trial. You should prepare for the opposing attorney to thoroughly cross-examine you. That attorney may even call your character or competence as a witness into question. Here are some tips to help you prepare.

Instructions

Be aware that you will receive a subpoena that calls you as a witness, and that you are legally compelled to appear in court. A warrant may be issued for your arrest if you fail to appear at the appointed time.

Understand your purpose for being called as a witness. Witnesses are not always called because they saw the crime in question take place. Attorneys frequently ask witnesses to provide information on the character of the defendant or to offer special expertise to the court.

Contact the attorney representing whichever side (prosecution or defense) summoned you as a witness. Speak with the attorney about the role he or she expects you to play in the criminal trial and the information you should give. It is the lawyer's duty to prepare you thoroughly for your testimony.

Tell your employer that you have been called as a witness. Your employer is obligated by law to permit you time off to testify in a criminal trial. Your employer may grant you paid leave, but it is generally not required by law.

Make travel arrangements to get to the courtroom well in advance. If you must travel a long distance and incur considerable expense, you may be eligible for reimbursement. Witnesses are generally responsible for arranging their own accommodations. Discuss this with the lawyer(s) representing the side that summoned you.

Notify the court immediately if you have any special needs (such as physical disabilities), or if any special circumstances (such as impending major surgery) might prevent you from testifying in court.

Get in touch with the United States Attorney's Office (see the Resources section below) or the state equivalent if you need assistance before, during or after the criminal trial you testified in.

Tips & Warnings

Law prohibits anyone from threatening, intimidating, suborning or tampering with witnesses in criminal trials. Report any such activity to the police immediately.

Being a witness may have psychological consequences, particularly if the matter before the court is of a serious or graphic nature. You should discuss options to deal with any such repercussions with the attorney who called you as a witness.

HOW TO FIND PROPER REPRESENTATION FOR A CRIMINAL TRIAL

2009-11-28T12:36:00.000-08:00

If you have been accused of and charged by police with a crime, bear in mind that the U.S. Constitution (and other rights charters) guarantees your access to proper legal representation. It is essential to hire a lawyer whose qualifications meet professional standards to have the best chance of beating any charge against you. Here are some tips to help you find proper representation.

Instructions

Contact an attorney as soon as possible after your arrest. You can make one phone call from custody for this purpose.

Search the Internet and your local phone book for law firms that defend criminal cases. Narrow your choices to firms that specialize in the charges you face.

Take advantage of the free consultations many lawyers and law firms offer. Choose a lawyer you feel comfortable with, and who has a reputation for proper conduct within the law community.

Check your lawyer's credentials and background. Use one of the many agencies available online or in your community to do this. Ideally, you should hire someone who has had success defending other clients against similar charges.
Discuss your case with your attorney in as much detail as possible. Lawyer-client confidentiality prevents your attorney from disclosing anything you say to him, including an admission of guilt. However, remember that your attorney cannot allow you to make false statements under oath. So if you admit your guilt, he cannot put you on the stand.

Check with the American Civil Liberties Union (see the Resources section below) to learn about the your rights in a criminal proceeding.

Tips & Warnings

If the police arrest you, your Miranda rights stipulate that you have the right to remain silent and the right to demand the presence of a lawyer during any interrogation.

HOW TO GET LEGAL ADVICE WHILE INCARCERATED

2009-11-28T08:53:00.000-08:00

Obtaining legal advice while incarcerated usually involves contacting your court appointed or private lawyer for help. However, depending on the location of your prison, there may be organizations that can offer you legal advice.

INSTRUCTION

Contact your attorney to request legal advice while you are incarcerated.

Understand that your communications with your lawyer via mail and phone may not be completely private while you are incarcerated. Prison officials can monitor your communications in accordance with the law.

Look for more information concerning your rights while incarcerated on the American Civil Liberties Union Web site (see Resources below).

Conduct your own legal research in addition to considering your attorney's advice. You may uncover beneficial information on your own.

Perform Legal Research

Use the prison's legal library to research laws and legal procedures.

Ask prison staff to help you find the contact information of outside agencies, the name of your judge and the date of your next hearing. Prison staff also may be able to provide you with details concerning the charges against you.

Obtain the court forms you need online, from the prison law library, or by asking a prison official for help.

Tips & Warnings

Prison officials are prohibited from providing inmates with legal advice. Seek an attorney's help instead.

Avoid obtaining legal advice from other prisoners. Jailhouse lawyering is typically against the rules.

HOW TO FIND INFORMATION ON THE PENALTY FOR DEALING HEROIN IN ARIZONA

2009-11-28T08:45:00.000-08:00

Possession of even small amounts of the heroin for the purposes of trafficking carries severe penalties in Arizona. Both fines and jail time will almost certainly result from a conviction. Follow these steps to learn more about the consequences.

Instructions

Note the amount of heroin you are charged with dealing. Arizona requires courts to impose a fine equal to three times the street value of the drugs seized. This can total an astronomical amount of money if you were arrested with significant quantities of heroin in your possession.

Access the Arizona Statutes on the Arizona State Legislature Web site (see Resources below) to research the penalties for dealing heroin. Learn what qualifies as drug trafficking, but be prepared to encounter highly technical information delivered in legal language.

Visit your municipal legal aid clinic, or find a privately run legal aid clinic in your area. You can discuss the penalty for dealing heroin with a counselor for little or no cost.

Hire an experienced criminal defense attorney immediately if police have charged you with dealing heroin. There are law firms that deal exclusively in drug cases if you prefer a specialist. You also can consult an attorney with general questions regarding information on Arizona state drug policy, possibly for a reduced fee.

Know your rights in addition to the penalties for dealing heroin. The American Civil Liberties Union Web site (see Resources below) is a good place to learn more about your rights.

Tips & Warnings

If you are arrested and charged with dealing heroin, remember that you have the right to remain silent. You also have the right to an attorney, and the right to refuse to speak to police without one present.

A heroin dealing conviction will appear on your permanent criminal record. Employers and licenses requiring background checks will uncover it, and you may be refused employment or denied certain professional licenses due to the conviction.

HOW TO PREPARE YOURSELF FOR A SEX CRIME HEARING

2009-11-28T08:35:00.000-08:00

Sex crime victims usually are required to appear at a hearing to determine your assailant's punishment (if the case was filed in criminal court) or the amount of compensation the attacker must pay (in a civil proceeding). Follow these steps to prepare yourself before the hearing.

Instructions

Gather all the information related to your case before you meet with an attorney. Evidence such as photographs of your injuries and medical reports will be essential to prove your case.

Compile the facts about your relationship with your attacker. Your attorney will want to know if you had any prior knowledge of the attacker and what kind of relationship you had.

Consider whether there is anything to gain in filing a civil lawsuit against this individual. Civil cases are generally resolved with the awarding of monetary compensation for pain, suffering and wages lost.

Meet with an attorney. You can find a lawyer referral service in your area by visiting the WomensLaw.org Web site (see Resources below). You can select your state from the drop-down menu and then click on the ''Links and Resources'' link.

Prepare for your day in court, whether it is a civil or criminal hearing, by reviewing the details of your attack before being called to the stand to testify.

Prepare to face your attacker. Remember that in a civil case, both parties must be present during the hearing.

HOW TO UNDERSTAND CHILD'S RIGHTS AFTER BEING ARRESTED

2009-11-28T08:14:00.000-08:00

When a child is arrested, he or she usually has the same rights as an adult under federal law. Local regulations may provide additional protection for both minors and their parents. It's important that you know these rights to make sure there are no violations that can affect your child's ability to receive a fair trial.

Instructions

Hire a juvenile-crime attorney immediately if your child has been arrested in order to make sure his or her rights are being upheld. The attorney can give you an in-depth explanation of local laws concerning these rights.

Find out about the charges against your child. The police have a responsibility to inform you right away if your child has been arrested and tell you why he or she is being held.

Find out whether your child will be tried as an adult or as a minor, as their rights may vary accordingly. An attorney can explain the implications of being tried as an adult.

Learn whether or not you will be held liable for your child's behavior. In some states, parents are required to pay restitution to victims for their child's crime.

Contact the American Civil Liberties Union (ACLU) to find out whether the rights of your child have been violated (see Resources below). The ACLU exists to help those who aren't familiar with the law understand and receive all of their fundamental rights, as guaranteed by the Constitution.

Follow up by asking whether your child's court records will be available to the public. Some states may not allow juvenile records to be accessed by anyone except juvenile officials; others may allow educational institutions and prospective employers to have access to these records.

Tips & Warnings

You have the right to know that your child has been arrested and where he or she is currently being held.

Being arrested can be traumatizing psychologically for both you and your child. Should your child be required to serve a jail sentence, this mental anguish can be further exacerbated. Therapy may be able to prevent long-term psychological scarring.