Assault May Mean Different Things

Each case that carries a charge of assault will be different depending on the facts of the case. So before you contact a lawyer to assist you with your case, make sure you know specifically what you are charged with. Knowing this will make your lawyer's job a lot easier. For instance, depending on how the case is charged, the penalties may have a wide range of time in jail attached to them.

It's safe to say that, technically speaking, assault is a crime against a person or persons. Yes, this is pretty vague, but once the case gets to court, the judge will usually expand the definition so the jury (if there is a jury trial) understands the case at bar. For instance, if the charge is assault (bodily contact) of a person without their consent, this is assault. However, having said that, any violent act towards another individual without consent (the defining element) is also assault.

Often the terms assault and battery are partnered up, however, more often than not, battery is really a different kind of assault in a category on its own. In order to distinguish the differences as it pertains to what you are charged with, it's wise to speak to a highly skilled criminal defense attorney. Give your attorney all the details, holding nothing back, and let them outline what options you may have for the charges you're facing.

Having a highly skilled criminal defense attorney on your side is a good thing and it may mean a mitigated sentence. Once the attorney has the details of your charges they may be able to offer several options for handling your case - get the charges dropped, reduced, thrown out of court or possibly negotiated into an alternative justice program. The choices of course are ultimately yours once you have consulted with your attorney.

Testifying in Court Article 2 - 8 Things to Think About‏

If you are scheduled to testify at trial, you are probably very nervous. That's normal. Just remember to listen to your attorney because he or she knows your case (hopefully!) and is on your side (also hopefully!). Also, here are 8 things to think about before you take the stand.

1. Practice makes perfect and it's perfectly OK to rehearse. Your lawyer should take the time to review with you the questions he or she is going to ask you as well as possible questions from the other side. There should be no surprises. You should not be surprised by what you are asked by your lawyer and your lawyer should never be surprised by your answers to any questions.

2. Keep your answers simple. A good attorney will ask yes or no questions and you should answer with a yes or no. When you offer too much information, you run the risk of having your words twisted.

3. Don't anticipate a question. Stay alert, listen and answer the question posed. Witnesses sometimes begin to answer a question before it's been fully asked and that can cause you to be misunderstood or offer too much information. Rather, take your time, listen to what is said and be sure of your answer.

4. You only get one chance to make a first impression to a judge or jury. So, dress appropriately. Wrinkled clothing and an untidy appearance are simply not going to bode well with a Judge or jury. If you present an appearance of respect to the court, you will get respect and, in turn, your testimony will more likely be respected and believed.

5. Relax and speak loudly and clearly. A strong, clear voice will be an asset to you.

6. Be patient. While the Judge and lawyers are hashing out the technical stuff such as motions being filed or side conferences with the Judge, try to sit tight. You are getting your day in court and your chance to tell your story. So, let the lawyers and Judge do what they have to do even if it holds you up.

7. It's ok to bring a friend or family member along for support. If they aren't also a witness, they are allowed to sit in on the trial and it might help to have a friendly face to look at.

8. Last but certainly not least - Tell the truth (The whole truth and nothing but the truth). Do not embellish or say what you think the Judge or jury wants to hear. It could severely hurt your case because it gives the other side's attorney a chance to pick apart the nuances of your testimony. Also, if you are asked a question you don't know the answer to, say that you don't know. If you don't understand a question, just say that you do not understand. In a word, be honest.

5 Things to Look For in a Criminal Defense Attorney

Being charged with a crime can be a frightening experience. When you are facing criminal charges of any magnitude, your future can depend on the careful selection of qualified legal representation. Although your fate ultimately rests in the hands of a judge or jury, choosing the right attorney for your specific circumstances just may tilt the scales of justice in your favor.

There are many factors to consider in choosing the right attorney, and every legal situation is unique. However, when you are evaluating your candidates, a careful consideration of the following 5 factors will provide a great starting point in the decision making process.

1) Cost

Before you begin to interview defense attorneys, you should conduct a careful assessment of your financials. Determine how much money you will be able to allocate to the entire process. Be prepared to incur costs for court fees, restitution, and more. If your case goes to trial, your legal defense fee can easily double.

Depending on your particular requirements, you may need an attorney who offers flexible payment plans. You may be able to work out a monthly payment arrangement with a percentage of your fees paid in advance. Be sure to make note of forms of payment accepted as well. Most attorneys accept major credit cards, cash and checks.

2) Experience

A critical component of the evaluation process. Many attorneys begin their careers working for the State and thereby have a unique insight as to how the prosecution works. Carefully review the resumes of all your candidates and pay close attention to previous positions.

Look for experience in the area of practice that most closely pertains to your legal situation. If one of your prospects has a decade of experience practicing bankruptcy law, it won't do you much good if you are facing charges for driving while intoxicated.

3) Demeanor

While this is a factor that is often overlooked, your attorney's demeanor is critical to the maintenance of your relationship. Personality can also play an enormous roll in how a jury responds to your attorney if the case goes to trial.

Look for a confident yet personable attitude, and an ability to enunciate and communicate properly. It is imperative that your attorney exhibits patience in explaining the technicalities of the law to you at every step of the process.

4) Location

This may seem obvious, but many people seek counsel from counties other than the one in which they are facing criminal charges. Although there are circumstances where this may be advisable, generally speaking it is a better idea to choose an attorney with a primary practice in the county where you have been charged.

An attorney that is familiar with the processes and protocols in a local court system may have insights that an out-of-town lawyer may not be be aware of.

5) Track Record

While it may be tempting to look at sheer wins vs. losses in determining an attorney's ability to litigate, it is important to dig a little deeper. Every case has a unique set of circumstances that should be taken into consideration.

Look at your prospect's case results within the context of all of the available details. Does the attorney have a proven record of negotiating favorable terms for his clients or does he accept the first offer that is handed over? Look for a lawyer with the confidence to take a case to trial when appropriate.

Conclusion

When you enter into a relationship with a criminal defense attorney, you are putting your trust in the ability of that attorney to protect your constitutional rights in a court of law. With your freedom at stake, you should take every measure to ensure that you have retained the best possible legal representation.

Never be afraid to ask questions and don't be intimidate by your lack of proficiency in the law. Remember, above all, your defense attorney works for you!

Video Marketing For Lawyers - 9 Things You Must Ask Your Video Producer

Here are the 9 most important things you need to ask any video production company:

1. How long will my video shoot be?
2. How many actual video clips will I get for that length of video shoot?
3. How long will each video clip be?
4. Will you upload my video clip(s) to my website and blog?
5. Do you upload my videos to the video sharing sites?
6. Do you blog about my videos?
7. Do you put my videos on your own website and blog about the newest video you created?
8. Do you use your social networks to tell the world about my new video?
9. How much will you charge me to create another series of video clips?

If the video company you're choosing doesn't do all of those things with an all-in-one, turn-key system, ask them "Why Not?"

AM I TOO EXPENSIVE?

You've decided to produce videos to market your law practice. You're now looking for a video production company. Here are 3 reasons why you won't hire me:

1. I'm too expensive
2. I'm an attorney with years of experience creating and producing educational videos
3. You don't want the commitment of creating video over 6 or 12 months

There. I've said it. These are the main reasons why you will not hire me. Now, I'm going to address each one and by the end of this article, you decide who you need to hire.

Most video production companies charge anywhere from $500-$35,000 to create attorney video. At the low end of the spectrum, you can get the cookie-cutter video where they use a fixed template that you cannot change and get only one video clip for your money. At the other end of the spectrum, you get a custom video channel with 3 or 4 video clips.

In the Lawyers' Video Studio I shoot one hour of video. From that one hour I am able to get about 4-5 usable video clips lasting 2-3 minutes each! I do not recommend having video clips less than one minute; that's a waste of your time and money. That will not give you enough time to explain to your viewers the information that they need to know.

Most video studios only offer an a-la-carte menu, where you pick and choose your options. That's not the way we work in the Lawyers' Video Studio. Contrary to most video production studios, we create a turn-key system where all you have to do is show up and start talking. You do not need to know anything about how the video is created, edited, compressed, uploaded or distributed. It's totally done for you.

WHO IS YOUR VIDEO PRODUCER?

Ask any of the video companies you are considering whether their video producers are practicing trial lawyers. Why is that important? It's only important if you want someone to create video that online viewers want to watch. If you just want to create a video to 'get your name out there' and give the world a verbal resume of who you are, then you don't need a producer who is also an attorney. That would be a waste of your time and money. There are plenty of good video producers out there who can create that type of video for you.

A video producer must have experience creating LAWYER video. Not wedding video. Not commercials. Not verbal resumes that do not help a viewer understand how you can solve THEIR legal problem. They may have won awards for work they did in TV or film, but you must ask any video producer these 3 IMPORTANT questions:

1. Do you know what a [fill in your specialty] lawyer (immigration, workers comp, DUI, personal injury, business transactions, etc.) does?
2. Do you know who my ideal client is?
3. Do you know what an online viewer looks for when searching for a lawyer in my specialty?

A producer who is a practicing attorney will know the answers to these questions. Other producers will likely not know the answers.

YOU DON'T WANT TO CREATE 24 to 60 VIDEO CLIPS THAT WILL GET VIEWERS TO CALL YOU

Ok, I understand. You'd rather stick with your very expensive (and useless) yellow pages ad that does not distinguish you from any other lawyer. Maybe you want to try some display ads in the newspaper again. Maybe you'll try TV commercials or direct mail. Maybe even dabble in radio spots. That's fine. One year from now I'd like you to come back to this article and objectively look at your stats to see how many calls you received from your other advertising; how many turned into actual clients; how much revenue you generated from that advertising and what your actual return on investment is.

One year from now, you will have lost the opportunity to create 6 months worth of videos. You might even have lost the opportunity to create 12 months of videos. Just think about how many viewers come to YouTube alone: Over 100 million people EACH MONTH! The goal of creating video is to greatly improve the likelihood that an online viewer will call you instead of your competitor. Anything you do to increase those chances will place you ahead and distinguish you from all of your colleagues.

By creating new video every month for six months, you create 4-5 video clips PER MONTH. That gives you 24 to 30 actual videos that will be online. For attorneys who realize how incredible that value is and the tremendous savings you receive, they will eagerly take advantage of the 12 month video incentive program and create 48 to 60 videos by the end of one year. That's a huge number of videos.

Creating video is the best thing to have happened to me in my law practice. I receive calls from people across the country every day thanking me for educating them and asking me for legal help. Obviously not all callers have valid cases, but just think...if they hadn't seen my videos, they would have never called.

So, are you willing to create useful video that will get viewers to raise their hands for more information and seek your counsel, or do you want to wait and let every other attorney get the opportunities you're passing up? The choice, as always, is up to you. My goal is to make you an informed attorney and let you make an educated decision about which path you want to travel.