5 Signs You Picked The Wrong Attorney

Whether you are facing criminal charges or a party to a civil case, you need a good lawyer by your side to help you navigate the legal proceedings. If things are not going well at court, you may have hired the wrong lawyer. Here are five signs that indicate that you might need to find new legal representation.

1. Your Attorney Does Not Pick Up the Phone

An attorney who doesn’t answer your phone calls or emails is simply not paying attention. Frankly speaking, if getting hold of your attorney is getting increasingly difficult, this indicates that your case may not at the top of your attorney’s priority list, or that he/she may be avoiding you or possibly uncertain how to handle your case. Whether your case is large or small, you deserve to have an attorney who is responsive to you.

2. Your Attorney is Usually Late

“Justice delayed is justice denied.” This is a common slogan competent lawyers live by. If your lawyer is missing court deadlines, this will damage your case, and by the time your case is decided, it might be too late. The legal system takes time to reach a verdict as the judge has to consider each and every aspect of the case to ensure that everyone’s rights are upheld. If your lawyer misses deadlines or hearings, your case will be decided in a much longer time span. This will also increase your over-all litigation costs.

3. Your Attorney is Difficult to Work With

If your lawyer is difficult to work with due to a negative attitude, this is a major red flag, as your case depends on how well you communicate your situation to your attorney. If your attorney uses a condescending tone, you need to find new legal representation.

4. You Hear Negative Feedback from Previous Clients

Ask people if they have ever heard about your attorney, as this will give you an idea about his or her reputation. Also check you can check online resources such as the BBB.org to see whether your attorney has any negative reviews.    

5. You’re Attorney’s Promises Seem Too Good To Be True

Your attorney should advise you of the pros and cons of your case, and the risks and benefits of decisions.  If your attorney is telling you things that don’t seem to line up with what is actually happening in the case, then you should question what you are being told. A professional attorney will welcome the opportunity to explain considerations to you and to obtain your feedback on important strategy decisions for your case.

 

5 Tips on What To Do and Say When Stopped By Police

With the recent Garner (police chokehold case) and Ferguson cases, many are asking how to interact with police in a safe way. This article gives some general advice on best practices for police interactions, but keep in mind that circumstances may vary. For a personal consultation with an attorney who is experienced in criminal defense, contact David Knecht at davidknechtlaw.com.

1. Remain calm, polite, and non-confrontational.

You must anticipate that a police officer’s first concern will be safety. Remain calm, without making sudden or threatening movements. Comply with the officer’s directions. Even if you assert your rights verbally, you should never physically resist a police officer. Also, as you explain yourself to the officer remain as non-confrontational as possible.

2. You can exercise your right to remain silent in a non-threatening manner.

The Fifth Amendment to the Constitution protects you from self-incrimination. You have the right to remain silent, and you must anticipate that anything you say or do can be used against you. If you are being accused of committing a crime, you can respond, “Officer, I am exercising my 5th right to remain silent.” Or, “I’d like to help you out and I know you are just doing your job, but I’ve
been told that the best thing to do is to remain silent when police ask questions. I’m not trying to be uncooperative.”

3. You can verbally (never physically) refuse to consent to search.

An officer must have probable cause to search a vehicle, but he can do a quick frisk of your person with just reasonable suspicion. You should never resist an officer from physically searching you or your vehicle. You can, however, verbally refuse. When an officer say, “Do you mind if I search your vehicle?” you could respond with something such as, “Officer, I’m sorry but I do not consent to your search of my car, but I won’t do anything to prevent you from doing your job.” An officer will often search your vehicle anyway, but your verbal refusal could help your attorney defend you should evidence against you be found.

4. You can ask if you are free to go.

One fact that is very important, but often obscure, is whether the police are detaining you or whether you are free to go. It may be helpful to ask the officer directly, “Am I being detained, or am I
free to go?” This may help your attorney defend you if evidence of a crime is subsequently discovered.

5. You can ask for an attorney.

If the officer responds that he is detaining you, you have the right to refuse to answer questions and request an attorney. One of the most important aspects of your right to remain silent is that you have to stick with it. Sometime people will invoke their right and then volunteer statements to the police without police even questioning. Remember that anything you say can be used against you, so say as little as possible when you are being detained.

Most police interactions are safe and pleasant. However, where an officer believes he is confronting a potentially dangerous situation, you can help by remaining calm and politely exercising
your rights verbally and never physically resisting the police. For advice, call David Knecht at davidknechtlaw.com.

What is Probate?

When someone close to you passes away, the responsibility to distribute the property of the deceased can be a daunting and unwelcome task. Many people don’t even know where to begin. This article will discuss some steps to consider when approaching the probate process.
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What Should I Wear When I Go to Court? 5 Rules of Courtroom Fashion You Won’t Want to Break!

Many clients ask basic questions like: “What should I wear when I go to court?” or “What should I wear to my court hearing?” If you are a defendant in a criminal case, a professional appearance is vital for making the right impression, but if you are a witness or jury member, you will want to dress appropriately as well. Appearance is a matter of opinion, but here are a few important recommendations:

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