Month: January 2018

Common Defense Strategies Used by Criminal Defense Attorneys

Common Defense Strategies Used by Criminal Defense Attorneys

Being charged with a crime can be terrifying, but it’s important to remember that a charge does not always lead to a conviction. The criminal defense attorney that you choose to represent you will review the details of your case and form an effective defense strategy. The strategy that your attorney uses will depend on the nature of the crime and the evidence that is being used against you. To get a better idea of what to expect, take a look at these common defense strategies used by criminal defense attorneys:

Self-Defense

A self-defense strategy may be appropriate in some cases. For example, if a defendant is facing assault charges, an attorney may be able to prove that the defendant injured the victim in order to protect himself from harm. The defendant cannot be convicted of a crime if it can be proven that his actions were only taken to protect himself.

Consent

Consent strategies are often used in cases involving sex crimes. Defendants that are being accused of forcing the victim to engage in sexual intercourse may be able to prove that the victim consented to the activity. This can be difficult to prove because it often turns into a “he said, she said” argument, but it may be an appropriate strategy for your case.

Alibi

The alibi defense strategy is frequently used by criminal defense attorneys. An alibi defense involves proving that the defendant could not have committed the crime because he was nowhere near the scene when it occurred. For instance, a defendant’s employer may serve as an alibi if he is willing to testify under oath that the defendant was at work when the crime was committed. This is mainly used in property or violent crimes such as burglary, assault, and murder.

Coercion and Duress

A criminal defense attorney can also argue that the defendant was forced to commit the crime against his will. For example, let’s say someone tells a defendant that he must rob a convenient store or else the defendant’s spouse will be hurt. This threat of force against the defendant’s spouse is enough to show that the defendant had no choice but to commit the crime.

These are just some of the many defense strategies that can be used in a criminal case. To discuss an appropriate defense strategy for your case, get in touch with the criminal defense attorneys at Reisch Law Firm today. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What is an Arraignment?

What is an Arraignment?

A criminal case typically begins with an arrest, which occurs when a law enforcement officer takes someone into custody. There are many steps in the criminal case process after an arrest, including the arraignment, which is the first time the defendant will appear in court. What is an arraignment? Here’s what you need to know:

Criminal Charges

The arraignment is the first time that you will hear which criminal charges have been filed against you. It’s important to have a criminal defense attorney with you at the arraignment so he can ensure you understand the charges.

Defense Attorney

If you do not have an attorney present, the judge will ask whether or not you have already retained an attorney. If you cannot afford to hire an attorney, notify the judge during your arraignment.

Plea

After reading the criminal charges, the judge will ask the defendant how he would like to plead. Defendants can plead not guilty, guilty, or no contest. If you plead guilty or no contest, a criminal conviction will go on your record and you will be sentenced for the crimes. If you plead not guilty, the case will eventually go to trial.

The plea that you enter could significantly impact the rest of your life, so don’t make this decision alone. Talk to an attorney about your options before entering a plea so you know you are making the right choice.

Bail

The arraignment is also where the issue of bail will be discussed. The judge can choose to set a bail amount, release the defendant on his own recognizance, or keep the defendant in custody. The judge will only deny bail and keep the defendant in custody if he is considered a danger to the community or a flight risk. If you are being denied bail, an attorney may be able to help by proving you have ties to the community and are not violent in nature.

Future Dates

The judge will also go over the next steps in your criminal case during the arraignment. He may schedule the preliminary hearing at this time so both parties are aware of the date.

Have you been charged with a crime? The criminal defense attorneys at Reisch Law Firm will defend your rights and fight for your freedom throughout the entire legal process. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The First Steps An Attorney Will Take in a Personal Injury Case

The First Steps An Attorney Will Take in a Personal Injury Case

The personal injury attorney that you choose to represent you will immediately get to work on your case. Even though your attorney will be hard at work, this doesn’t mean you should expect to reach a settlement overnight. There’s plenty of work that must be done in the early stages of the case before a settlement can be reached with the at-fault party’s insurance company. Here are some of the first steps that your attorney will take in a personal injury case:

Gather Evidence

Every personal injury attorney will need to gather and review evidence to get a better idea of what happened and who is to blame. This may involve visiting the scene of the accident, reviewing photos of the accident, consulting with experts, obtaining police reports and medical records, and interviewing witnesses. All of this evidence will be used to build a case that clearly shows the other party is responsible for the victim’s injuries.

Send A Demand Letter

After investigating the case and identifying the liable party, your attorney will craft a demand letter that will be sent to the defendant. The demand letter will outline the basic facts of the case, including when the accident occurred, how it happened, and who was involved. It will also identify the liable parties and provide a brief summary of why those parties are believed to be at fault. Finally, it will notify the defendant that the victim has suffered injuries and intends on pursuing a claim to recover compensation. The demand letter will also specify how much compensation you will be trying to recover in the claim.

Negotiations

Then, negotiations with the at-fault party’s insurance company may begin. Even if your attorney is in the process of negotiating with the insurance company, you should not assume that a settlement is right around the corner. Insurance companies typically start off by making low offers, which can delay the process. It may take some time before the insurance company is willing to make a fair offer, and in rare cases, the case may go to trial. Be patient and let your attorney do what he does best.

Have you been injured due to the negligent acts of another person? If so, seek legal representation from a personal injury attorney right away. At Reisch Law Firm, our personal injury attorneys will begin fighting for the compensation that you deserve immediately after you hire us. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.