Outside the Law

The Wheels of Justice Move Slowly

     The court and justice systems seem to move slowly.  The slow movement contrasts starkly with what we witness on television.   In the television series Matlock, Andy Griffith portrayed an Atlanta Criminal Defense Attorney.  He always got results.  During any given episode, we would see a murder, an arrest, a trial and and an acquittal.  If we were lucky, the trial would also reveal the real killer followed by a startling courtroom arrest.  Episodes of Law and Order show us the crime, the investigation and prosecution in one hour.  Rarely in real life is justice this swift.

      The justice system's slow movement can likely be attributed to several factors.  Issues like crowded court dockets, inefficiencies in the system and red tape all contribute.  In my opinion, there is a more dominate reason for the slow turning wheels of justice.  

     The reason matters travel slowly through the halls of justice is that protecting personal and fundamental rights is very important in the administration of justice.  Think of losing your freedom, contact with a child, your money or some other right without having the right to be heard.  A system that did not allow for disputes to be resolved would go against the solid principles set out in the United States Constitution.

     Make sure you do all that you can to protect your rights.  Make sure you know what your rights are.  Calling an attorney is a great place to start.

Wes Hill (678) 522-9253

Madoff gets 150 Years in Prison

http://online.wsj.com/article/SB124604151653862301.html

I think many of my legal and finance friends will find this fascinating.  This is a far different sentence than typical white collar criminals face.  Hopefully, this will send a message to those who prey on the finances of trusting and innocent victims.  Madoff likely has some cash stashed away but it is not likely that he will have a chance to enjoy it.

An Illegal Search

An illegal search is no longer just a theory from law school or an obscure court case.  It does happen as police officers make an effort to enforce our laws.  The question becomes, how much liberty can police officers legally take in searching the personal effects of an individual subject to a traffic stop. 

There is not a clear cut answer for  this question.  We each have a basic right to privacy that the courts must protect.  However, there are times when police have the right to "look around."  If they do, and they find something in your possession that is illegal, your attorney may file a motion asking the court to rule that the search is illegal.  If the court renders such a ruling, the fruits of the search may be excluded from evidence.

If you have been arrested and items found on your person or car are being used as evidence against you, your attorney can after reviewing the facts and circumstances surrounding the search, advise you on whether an argument may be made for an illegal search.

Wes Hill   (678) 522-9253

Ethical Lawyer: Not an Oxymoron

     Miriam-Webster's Online Dictionary defines the term oxymoron as a "combination of contradictory or incongruous words." If ethical lawyer were used in a sentence, it would likely be labled an oxymoron.  Prior to entering the practice of law, I would have been more likely to agree with that assessment.  As an attorney, I  want to defend the profession's ethical standards.

     As most people know, becoming an attorney, requires not only earning an undergraduate degree, but also earning a degree from a law school.  Before entering practice, the law school graduate must pass the state adminstered bar exam.  While not the most difficult exam around, most people would not consider it to be an easy test.  Above and beyond the education and the exam, becoming a lawyer requires more.  Ethics and character are key elements as demonstrated  below.

      First, there is the law school admission process.  The law school that I attended, The Thomas M. Cooley School of Law in Lansing, Michigan, requires full candor by applicants for admission.  The school's admission policy includes the following statement:

" Full candor in the admissions process is a prerequisite to admission to the law school. Failure to disclose, concealment of information or failure to fully disclose may result in denial of admission, revocation of admission, suspension or dismissal after matriculation, withdrawal of certification of graduation, or revocation of the degree."

The admission committe requires applicants to disclose any past or pending event that involved an arrest or conviction whether it was dismissed or expunged or even if committed while a juvenille.  This process weeds out those not deemed to have the character and fitness to practice law but also exposes applicants to the type of scrutiny they will face when making application to their state bar.

     Second, the law school that I attended imposes a strict an honor code on entering students that must be read, agreed to, signed anf filed with the Dean of Student Affairs.  Students agree to accept all school policies and refrain from lying, stealing, cheating or committing plaigiarism while attending law school.  Violations are included on the students permanent record and are disclosed the appropriate state bar when application is made by the graduate.  Further, the school requires students who attend to adopt a zero tolerance policy for this behavior and report other students that are engaged in the above listed practices.

     Third, most law schools include a course entitled Professional Responsibility which is an indepth course in legal ethics.  The course is based on the legal profession's Model Rules of Professional Conduct (MPRC) which address areas including but not limited to conflicts of interest, attorney/client privilege and ethical billing practices. 

     Fourth, law school graduates, after earning their Juris Doctorate, must apply to their respective state bar completing an exhaustive application process and must undergo extensive background, credit and reference checks to ensure that their character and fitness are of the high standard required for admission to the bar.

     Finally, prior to admission and being sworn in to the State Court to practice law, applicants must successfully complete a nationally administered ethics examination which includes concepts taught in law school in the required professional responsibility test and also tested on the state bar exam.

     I will be the first to admit none of these ensure ethical behavior.  However, you can rest assured that your attorney understands his ethical duties to the law and his or her client.

Wes Hill (678) 522-9253

Being Accused of a Crime Does not Pay

     Have you ever heard the old adage, "Crime does not pay"?  In my experience, being accused of a crime pays even less.  The law says that if you are charged with a crime, the state has the burden of proving your guilt beyond a reasonable doubt.  This does not mean that the accused does not have a burden.  If you are unable to afford a lawyer, the court will appoint you one.  Typically, the judge will ask you a few questions and determine whether or not you qualify.  If you do not qualify, you will either have to hire your own or represent yourself.

     If you are accused of a crime, and you decide to hire an attorney, there are a myriad of factors that will influence the fee.  Some of these are the education and experience of the attorney, the severity of the charge, the complexity of the facts and whether or not the resolution involves a trial.  Many attorneys will quote a fixed fee for criminal representation if the issue is resolved before trial and an additional fee if the case requires a trial.  Be prepared to write a check for the full amount when you hire the attorney.  For less experienced attorneys a payment plan may be acceptable but  a significant up front payment will still be required.

     The bottom line here is this:  Think before you act in a manner that is not responsible or allow yourself to be provoked and act out of anger or emotion.  Being arrested for anything can be costly, time consuming and create a history of events that you will not want to be associated with.  However, your attorney, more than anyone else, knows that bad things happen to good people.  Never hesitate to call and get help.

Wesley Kent Hill (678) 522-9253

Miranda Warnings: The Tip of the Iceberg

     Most of us memorized the Miranda warnings before we could walk.  At the risk of dating myself, I learned them watching Dragnet (the series, not the movie).  For those of you that need a refresher the warning goes like this:

"You have the right to remain silent; anything you do say, can and will be used against you in a court of law.  You have the right to an attorney.  If you cannot afford one, the court will appoint you one.  Do you understand these rights?"

     In Miranda v. Arizonza, 384 U.S. 436, the U.S. Supreme Court held that a person taken into custody must be informed of these rights.  In essence, this is the only legal advice the arresting officer is required to provide for you.  There are many other protections afforded individuals under both the U.S. Constitution and state ciminal procedure statutes.

     A brief read of the U.S. Constitution (if you keep a copy handy), specifically the Fourth, Fifth, Sixth, Seventh and Eight Amendments, specifically deal with the rights of a person who is being investigated, arrested or accused of a crime.  These rights are designed to protect you in the event that you find yourself stopped, arrested or even when being investigated by law enforcement.

     Make sure you ensure your rights are protected.  A competent attorney will assist you.  Do not hesitate to call.

Wesley Kent Hill (678-522-9253)