I am often asked during the course of my Long Island Criminal Law
practice what should clients do when they are being questioned by the
police. My advice to those clients has always been quite simply “shut
up”. When given your Miranda warnings and you are told that you have the
right to remain silent, BELIEVE IT AND DO IT. Silence was golden.
However, in light of the recent Supreme Court case known as Berghuis v.
Thompkins, that advice has to change somewhat.
The Supreme Court on
June 1, 2010, ruled that a defendant who had been given his Miranda
warnings, but had not specifically asked for an attorney, and had not
specifically declined to answer questions, HAS WAIVED HIS RIGHT TO
REMAIN SILENT. The defendant was continually questioned for three hours
AFTER HIS MIRANDA WARNINGS WERE GIVEN and THEN made an admission that
ultimately contributed to his conviction for homicide.
The Supreme
Court ruled that his failure to affirmatively exercise his Miranda
warnings and request a lawyer, DID NOT OFFER HIM ANY PROTECTION FROM THE
USE OF STATEMENTS MADE BY HIM. So now, in light of this decision, I
have to change my advice and my advice is now this: After you hear the
Miranda warnings, TELL THEM YOU WANT A LAWYER. TELL THEM YOU WILL NOT
ANSWER ANY QUESTIONS. THEN SHUT UP! So really what you have to do is
make your position known and then be quiet. Once you have made your
position on questioning and the presence of a lawyer is made known, the
advice I give to a great many of my clients, that EVEN A FISH WOULDN’T
GET IN TROUBLE IF IT KEPT ITS MOUTH SHUT, continues to apply.
Monthly Archives: February 2016
Getting a Labour and Family Lawyer in Ottawa
The say law is one of the most prestigious fields of study. Lawyers have the ability to interpret laws, statutes, and codes. Laws are the highest element in a society, and lawyers are well-versed about them. Therefore, they have the credibility, responsibility, and accountability in validating or nullifying a case according to the law.
There are 13 basic fields of law specializations; examples of these are tax law, real estate law, civil rights law, family and juvenile law, and labour and employment law. Lawyers deliver reports and attend to cases based on their specialization. Hence, labour cases are handled by labour lawyers, whereas family and juvenile cases are supervised by family lawyers. The effectiveness of the Canadian legal system is characterized by efficient work delivery of lawyers in their field of specialization.
In Ottawa, lawyer services can be obtained from various law firms. There are several law firms around the province which are operated and managed by professional and experienced lawyers. Law offices are comprised of groups of lawyers with different specializations. In most cases, they are faced with labour and family cases. If you are looking for a labour or family lawyer in the province, here are some hints and tips in looking for a lawyer in Ontario.
First, look for lawyers from reputable sources of information. Nowadays, professional labour lawyers Ottawa have their own websites. Do a little background research about them, and take note of their professional background and experience. Look for their list of services and identify their specialization. You can inquire about exclusive consultation services through their inquiry and contact tabs.
Second, you can ask for referrals from family, friends, and colleagues. Experience counts most in assessing a good legal service. A prominent labour lawyer Ottawa does not need intensive advertising and phonebook campaign to be known. Rather, they have a pool of loyal clienteles, referring and recommending them to new clients.
Third, inquire about the payment scheme of your chosen lawyer. In consultation for Ontario family law cases, lawyers provide two payment options. These are hourly payment and percentage commission. Hourly payment is a practical payment mode for small and uncritical family and labor cases.
Discuss the Timetable With Your Personal Injury Lawyer
There is a standard timetable that your lawyer will follow as your accident claim moves forward. Although you will be anxious to resolve the matter, an experienced personal injury attorney will tell you there is no such thing as a “fast settlement”. You will have to be patient with the process. It will help if you discuss with your lawyer what to expect.
Making the First Offer
The first step that your personal injury lawyer will take is to get all the facts out. This will include your deposition, accident reports and statements from your doctor. When it becomes clear that the evidence is on your side, your lawyer will put in an offer for a settlement.
After allowing the defense to review that offer for at least two weeks, your attorney will reach out to check the current status. If there is room to negotiate with the numbers, then counteroffers will go back and forth for the next several weeks. As your personal injury lawyer will tell you, this is actually a good sign because it means the defense is looking for a way to close the case.
When a settlement has been reached, your lawyer will review all the outstanding payments and promises to pay that will be deducted from the amount. The remaining funds will be issued to you.
Moving Forward With the Suit
If a fair settlement can’t be agreed upon, then your personal injury attorney will move forward with filing the lawsuit. The defense should respond to the official filing otherwise they would be in default. When that happens, your lawyer will investigate the reasons and decide the best course of action for moving forward.
Within 8 to 16 weeks of filing the lawsuit, your lawyer will have prepared all the discovery documents. This will include interrogatories that are written answers to questions that you and your attorney will prepare for the defense.
The Trial Start
Once all the proper paperwork has been filed and all the discovery items have been delivered, a trial date will be set for the lawsuit. At this point, it could be six months or more since you initially began the process of filing a claim. With the trial date scheduled, your personal injury lawyer will go through all the pre-trial prep work. That will include reviewing your original deposition and ensuring that your trial testimony will reflect those facts.
Discuss the Timetable With Your Atlanta Personal Injury Accident Lawyer
There is a standard timetable that your lawyer will follow as your accident claim moves forward. Although you will be anxious to resolve the matter, an experienced personal injury attorney will tell you there is no such thing as a “fast settlement”. More Information