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	<title>Defense Lawyer Focused</title>
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		<title>What Does a Defense Lawyer Do?</title>
		<link>http://defenselawyer.org/articles/what-does-a-defense-lawyer-do-20.html</link>
		<comments>http://defenselawyer.org/articles/what-does-a-defense-lawyer-do-20.html#comments</comments>
		<pubDate>Fri, 24 Sep 2010 03:27:22 +0000</pubDate>
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		<description><![CDATA[Having a defense attorney is really important when you have a criminal or civil case filed against you.  This is because he will be the one to represent you in the courtroom and protect you from any unjust treatment that you can have as an accused person. If you are related to someone who has [...]]]></description>
			<content:encoded><![CDATA[<p>Having a defense attorney is really important when you have a criminal or civil case filed against you.  This is because he will be the one to represent you in the courtroom and protect you from any unjust treatment that you can have as an accused person.<br />
If you are related to someone who has committed an offense, is your duty to find the best defense lawyer to help prove the plaintiff’s innocence. A defense lawyer has the following duties and responsibilities.</p>
<p>Responsibilities of a lawyer<br />
As the lawyer, he should be able to negotiate on behalf of the plaintiff. He should also look for any possible way to lighten the sentence or drop the charges entirely.  Lightening the sentence is in the event that he is not able to prove his client’s innocence.<br />
In addition to this, he should be able to create and foster an open relationship and communication with the clients, so that he would be able to tell them in detail what they should expect from the trial.  The lawyer should be able to discuss the options as clearly as possible without damaging the client’s self-esteem.<br />
If you are a defense lawyer, then you should always be ready to give hope to the client.  However, you should also give him a reality check so that he has an understanding of the situation. The defense lawyer should also be able to discuss sentence options with the client. He should make it clear that in case the charges cannot be proved wrong, he will try to get a less severe sentence.</p>
<p>The defense lawyer will also be responsible for hiring an investigator to try and gather new evidences against the claims of the prosecution.  This is part of the main duties and responsibilities of the defense lawyer, because it will help the case if he finds new evidence that would prove the client’s innocence.<br />
This is why it is important for you to have a defense lawyer whenever you are on trial because, as mentioned earlier, he will be the one to represent you in court. You should be able to know your defense lawyer very well so that trust and open communication can be fostered between the two of you.  This is important when you want to win the case.<br />
It is also part of the defense lawyers’ duty to get to know the client well, because from his knowledge of the client, he can gauge whether or not the client is capable of doing what he is accused of doing.</p>
<p>And most importantly<br />
On the client’s part, honesty is a big requirement.  If you are honest with your lawyer, you would be able to prove that you did not commit the crime.  The important thing to remember in a ‘defense lawyer and client relationship’ is that they should be able to establish full disclosure, because what the client tells about himself will determine his fate when it comes to the case.<br />
Knowing the duties and responsibilities of the defense lawyers will make it easier for you to understand their importance in a better way.</p>
<p>Notice: This article is informational only. Always consult with a legal professional directly when making important decisions.</p>
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		<title>Is an Appeal a Good Idea?</title>
		<link>http://defenselawyer.org/articles/is-an-appeal-a-good-idea-4.html</link>
		<comments>http://defenselawyer.org/articles/is-an-appeal-a-good-idea-4.html#comments</comments>
		<pubDate>Sat, 04 Sep 2010 12:37:26 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<description><![CDATA[by Defense Lawyer.org An appellate attorney is who you will need on your side if you wish to enter an appeal. Your trial attorney may have done an excellent job for you but appellate court is a whole different arena. Your case in appellate court really depends more upon the written then the spoken.  So [...]]]></description>
			<content:encoded><![CDATA[<p>by <a href="http://defenselawyer.org"><strong>Defense Lawyer</strong></a>.org</p>
<p>An appellate attorney is who you will need on your side if you wish to enter an appeal. Your trial attorney may have done an excellent job for you but appellate court is a whole different arena. Your case in appellate court really depends more upon the written then the spoken. <span id="more-4"></span> So while a trial attorney may be great in front of a jury he often has little or no experience in an appellate court setting. While the trial attorney you used relies on a flow of words and his or her own charisma to sway a jury full of <a href="http://en.wikipedia.org/wiki/Layman">laypersons</a> and convince them of his arguments, an appellate attorney relies exclusively on a written analysis of the trial testimony and applicable laws for a panel of judges who are not interested in charisma from the lawyer.<br />
An appellate attorney should be hired very early before your case even goes to trial. If you hire an appellate attorney early he or she can advise the trial attorney on possible waiver of error that may have been overlooked, prepare trial briefs and motions and preserve error.<br />
Appeals are based upon error in trial not whether or not you are guilty but whether or not you were given a fair trial with as few mistakes as possible. If your guilt for instance revolves around an illegal search as the only evidence and your attorney failed to have this evidence dismissed or not included, an appeal may help you to get a new trial with this evidence not included.<br />
Appellate review is set upon four pillars of affirmation. These pillars are preservation of error, standard of review, the harmless error rule and stare devises. The preservation of error basically means that your trial attorney must object in a particular manor anything that is objectionable and give the judge the chance to rule on the issue at the time it is raised. If an error is not objected to in some manner then it is not persevered and cannot be used on your behalf. The standard of review is the amount of power to overturn a case that is given between the appellate court and the lower court. The harmless error simply means not every error warrants a reversal. These pillars help to weed out appeals that have no chance of winning in appellate court. Because of the pillars of affirmation being so difficult, the chances of success in appellate court are minimal, often not exceeding 25%.<br />
An appellate attorney understands the pitfalls of the appellate court and can help to avoid the unnecessary traps. If you hire an appellate attorney before your trial even occurs you will have a much better chance of winning than with a trial attorney alone. If however you do not do so and then choose to appeal, use an appellate attorney for the specialized knowledge your trial attorney may not have.</p>
<p>A great resource to locate and review attorneys is <a href="http://avvo.com">avvo.com</a></p>
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		<title>Defense Law Ideas</title>
		<link>http://defenselawyer.org/articles/hello-world-1.html</link>
		<comments>http://defenselawyer.org/articles/hello-world-1.html#comments</comments>
		<pubDate>Sat, 04 Sep 2010 12:18:06 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<description><![CDATA[The articles in this weblog do no constitute legal advice. This is an information and opinions website only. 2010 Defense Lawyer.org]]></description>
			<content:encoded><![CDATA[<p>The articles in this weblog do no constitute legal advice. This is an information and opinions website only. 2010 <a href="http://defenselawyer.org">Defense Lawyer</a>.org</p>
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