So, what exactly is grand theft? California Penal Code Section 487.

To prove the charges beyond a reasonable doubt, prosecutors will have to prove that Ms. Lohan intended to steal the necklace.  Intent can be proven several ways for grand theft.  This gives the prosecutor a broad set of options. The prosecutor will try to prove that she took the necklace by at least one of these methods:Larceny, Embezzlement, Trickery, False Pretenses.  Each option has a different set of demands for proof.

LARCENY

To prove grand theft by larceny the prosecutor must prove that LindsayLohan:

1.      Took the necklace;

2.      With the specific intent to either permanently deprive the owner of the necklaceor to temporarily deprive the owner of the necklace for a substantial period of time where the owner was denied a major portion of its value or enjoyment;and

3.      That she physically took possession of the necklace and carried it away.The slightest movement is enough.

 

TRICKERY

 

California grand theft by trick requires proof that Lindsay Lohan:

 

1.     Obtained the necklace from a person;

2.     By means of  making a promise that she didn’t intend to keep or by other means of fraud or trick;

3.     That the owner of the property didn’t intend to transfer ownershipto Ms. Lohan; and

4.     Ms. Lohan took the necklace while intending to permanently deprive the owner of the necklace, or intending to temporarily deprive the owner of possession of the necklace.

 

FALSE PRETENCES

 

California grand theft by false pretenses would require the prosecutor to prove:

 

1.     That Lindsay Lohan knowingly and intentionally deceived a person by making a false or fraudulent representation;

2.     That she did so intending to persuade the person to give her possession and ownership of the necklace; and

3.     That she was given the necklace based on her false pretense(s).

 

 

EMBEZZELMENT

 

To prove grand theft by embezzlement, the prosecutor must prove that LindsayLohan:

 

1.      Had a relationship of trust with the owner of the necklace;

2.      That pursuant to that relationship, Ms. Lohan was entrusted with the necklace; and

3.      That Ms. Lohan intended to deprive the owner of the necklace by taking it as her own.

 

Reports indicate that Ms. Lohan’s attorney intends to litigate the theft charges.  The grand theft issue itself may have no impact at all on any of Ms. Lohan’s past cases or current probation circumstances.  As long as Ms. Lohan was not on probation for her DUI at the time when the necklace is alleged to have been taken, a felony conviction for the alleged theft would most likely not be a violation of her current DUI probation.   Her attorney will be able to obtain information regarding the date the necklace is alleged to have been taken and then represent Ms. Lohan accordingly in court.

 

Mary Masi is a Criminal Defense Attorney in Los Angeles.

Visit:www.marymasilaw.com

Getting faced with a crime is usually a intimidating experience. You do not know precisely what the foreseeable future holds with regards to fines and jail or prison time, however something you realize is – you’re in trouble. Huge trouble.

A criminal offense just isn’t something you should combat by yourself. You need somebody with the education, skill and experience in managing criminal matters. Once you have to face a criminal charge, you need to get an attorney immediately. He or she can help you understand your constitutional rights. Being familiar with your rights can make or break your case.

Most people who require the expertise of a lawyer are usually anxious and not really always thinking clearly. That is normal. However your mental state can also be a huge problem for your case. A criminal defense attorney can provide the cool-headed assessment which you are required. They will look at your situation and help get you prepared for every scenario.

The actual lawyer is not going to disregard facts, but see facts clearly in order to find the best way to handle them. They’re going to fight so that you can receive the best outcome for your specific crime, regardless if you are not guilty or guilty. An attorney at law is fact-based and approaches a case void of any emotion.

He or she can work in order to get your charges dismissed or lowered. This is done by working with the prosecutor throughout the investigation stage. They’re going to gather all evidence to determine exactly how solid the case is against you. Each and every possible witness is going to be called for a more in-depth look into your case. All of this would be to build a foundation that they’ll use during your trial.

An attorney could possibly help you get out of trial if you accept a reasonable plea deal or there isn’t adequate evidence in making the case stick. In the event your case goes to trial, the legal professional will examine and cross-examining witnesses. They will present your side of the argument to the judge and jury. Your criminal defense attorney lays out any misconceptions or untruths.

There may come a time when you find yourself in need of a criminal Defense attorney. I will not ask why. However, the best advice I can offer to you is not to chose an attorney based on price or location. Not all attorneys practice criminal defense. If you hire a general practitioner or real estate attorney to defend you, be prepared to go to jail.

Only an attorney who practices in criminal defense ever day will know the laws that will best protect you. Consider going to a foot doctor for a lung issue, or a heart doctor to help you with a back problem. It just not the right place to get the help you need.  The practice of law, like the practice of medicine, is divided by specialties. If you have a real estate issue, go to a real estate specialist. If you have a criminal defense problem, than you certianly should go to a criminal defense attorney.  Drunk Driving, DUI, DWI and Driving under the Influence are some of the cases that a criminal defense attorney will handle.

Remember that the state has hired a prosecutor to go after you. This prosecutor goes after people every day and has more experience in the court room than any other advocate.  Keep that in mind when you hire your DUI defense attorney. You need someone with the experiance, skill and knowledge regarding DUI and DWI law. Not a part time attorney, but a full time attorney who knows the laws in and out because he has devoted his practice to it.

If you need to find a skilled DUI attorney, I strongly suggest that you look at http://www.DwiLawyers.com  They list only attorneys who focus their practice on criminal defense and DUI Drunk Driving Defense.  

Being accused of a crime is one of the most stressful events that a person can go through. What is going to happen? Will I go to jail? What about my job, family, and future? There are the questions racing through your mind. One of the most important decisions is which criminal defense attorney to hire. This article will discuss how to do that.

EXPERIENCE

There is no substitute for experience and the law field is no exception.The first thing you must do is make sure that the attorney you will be hiring is experienced in the kinds of cases you have been charged with. The complexities of todays criminal justice system has created expert attorneys in each area. If you have been charged with DWI, you must find the best DWI lawyer in your area. If you are charged with a sex crime, the attorney you hire should have experience in handling these types of cases. It also means that the attorney must have done at least one trial of the kind of crime you have been accused of. The best way to find out this information is to ask him when you meet and do research on the internet. Many lawyers have websites that will give you their experience.

LOCAL LAWYER?

Another question that arises is f you should hire a local attorney. BY local attorney we mean someone who knows the judges, police and prosecutors. This depends on one crucial question. Are you looking to make a deal or go to trial. In smaller jurisdictions this is especially important because if you want to take your case to trial, that requires an attorney who will stand up for your rights and not afraid to burn bridges if he has to.

COST

Another major concern is cost. The best advice is to hire the best attorney that you can afford and if need be, borrow money. This is a major event in your life and you want an attorney that is going to work hard for you. That can only be done if you pay for it. Legal work is expensive but this is not the time to skimp on your defense. If you are given a price from an attorney that seems too low, it usually means he will spend very little time on your case.

OTHER FACTORS

Other factors come into play. You must be comfortable with whom you hire. Meet with at least 3 attorneys and see which one you feel more comfortable with. Are they really listening to you? Are they professional? Does he answer your questions? This is not going to be easy and the fact is that this is going to be a very stressful time in your life and hiring the right defense lawyer will make things much easier.

There may possibly be times when you will want to go to a defense lawyer. If you are in the United States, it will be great to get attorneys who offer preliminary consultation without any charge. They commonly set flat criminal defense attorney charges. You will be required to spend up to $ five,000 if you are confronting a misdemeanor criminal lawsuit. DUI situations have a greater charge it might cost you up to ,000. And ultimately, if you are dealing with criminal law violation circumstance, the fee may get to ,000. Nonetheless, that is not the final bill that will arrive to you the costs for federal or state courts can charge you a lot greater.

 

In every meeting with your attorney, often inform him the information of the circumstance as nicely as your background so that the lawyer can make an correct evaluation. These specifics you give to him will be reviewed. The attorney will then try to locate the feasible defenses to aid you in the court.

Defense attorneys areprofessionals who are ready to assess your situation. Your attorney will inform you honestly about any troubles to resolve your scenario. It will be important for you to be comfy with your legal counsel. You can assure this by conducting meetings with him. You can’t count on to resolve a legal situation on your very own you will need the aid of a very good defense lawyer.

A great defense lawyer will not supply you with sweet guarantees. Specialist attorneys will only existing you with facts. So if you meet a legal specialist who says that you can absolutely win the case with his assist, go away from him. Get a defense attorney who possesses excellent track record and excellent function ethic to aid you with your scenario. A specialist legal professional will present you with the details of the scenario and the laws that you have to offer with. He will require you to shell out 25 to fifty percent of the payment as a down payment.

The string of payments is not around at thisposition. Right after paying your attorney, you nevertheless have a lot of charges to spend. There are some expenses like government documents, expert witnesses, deposition rooms, report copies, transcripts, procedure servers, depositions, witness costs, and a lot of others.

All of those costs are addressed to you and are not part of the legal costs. You must know all of people expenditures in purchase to measure your likely capacity to hire a defense attorney. Settling a difficulty in the court is never low-cost, so understand much more about the law so that you might not break it yet again in the long run.

Though you may well simply uncover criminal defense attorneys, it is a great concept to know the type of steps that are regarded as criminal law violation. Some of these crime are felony offense, drug possession, marijuana use, juvenile, state crimes, misdemeanor, violent crimes, guns possessions, burglaries, etc. You should not underestimate the value of a lawyer consultation since you are not able to escape after you break the law.

If you are concerned in an incident, go to a defense attorney as soon as achievable. He will support you to figure out your level of guilt in the scenario. You may possibly want to get benefit of their free of charge consultation service if it is obtainable.

You have a right to expect several things from any lawyer you hire with the understanding that, like many things in life, you often get what you pay for.  To further complicate the matter, however, we are familiar with lawyers who charge absurdly large fees and provide no better representation than a lawyer you might hire out of a phone book. 

At minimum you have a right to expect the following from the lawyer you hire:

1.  Your lawyer should thoroughly familiarize himself with your case before offering you advice on whether to accept a plea bargain or fight the case at a trial.  This process should include both a legal and factual review of your case.  The legal review should include, among other things, a review of the charges against you to determine if there are legal challenges that can be brought against the statute you are charged with violating, a review of the indictment against you to determine if there are deficiencies in how you were charged, and a determination of how the prosecution obtained its evidence to determine if it is subject to a motion to suppress.  The factual review should include, among other things, a review of all the discovery in your case provided by the prosecution, a review of all documents that you provide and the lawyer having his investigator interview both favorable and unfavorable witnesses.  BEWARE OF ANY LAWYER WHO PUSHES YOU TO ENTER A PLEA BEFORE THIS REVIEW IS COMPLETE.

2.  Once the review is complete, you should expect OBJECTIVE advice from your lawyer as to the strengths and weaknesses of your case as well as possible plea options.  Clients sometimes get discouraged at this stage and do not believe that their lawyer is “fighting for them.”  As we tell clients, you are paying a lawyer to be your advocate in front of a judge, jury or prosecutor, but, when it is the two of you talking, you are paying the lawyer to give you objective advice to help you make a decision as to how to handle your case.  It would be very damaging to your case for a lawyer to sugar coat things at this stage and not tell you the weaknesses in your case.  Clients are often too close to their case to evaluate it objectively.  As we explained in an earlier post, we normally advise against fee agreements that pay a lawyer extra if you elect to have a trial because this creates an incentive for a lawyer not to be objective about the risks of going to trial.

3.  If you elect to plead guilty, you should expect your lawyer to try to negotiate the most favorable plea possible with the prosecutor while keeping in mind that a defense lawyer cannot force a prosecutor to offer a particular plea bargain.  Similar to any negotiation, this sometimes means the lawyer might pretend that the case will proceed to trial in order to get the prosecutor to “blink first.” If a plea agreement is reached, you should expect a lawyer to thoroughly explain the plea bargain to you so that you understand it COMPLETELY as well as the various consequences of pleading guilty.

4.  If you elect to go to trial, you have a right to expect your lawyer to strongly advocate your case to a jury.  Before the lawyer can do this, however, they must understand all the evidence that the prosecution will use and have all of your evidence and witnesses prepared.  Many times we see defense lawyers waive making an opening statement in a trial because they don’t fully understand the prosecution’s evidence and they hope to learn about the evidence for the first time when the prosecution puts the evidence on at trial.  As you can imagine, this often proves disastrous.  You should expect your lawyer to spend time preparing your witnesses to testify and, if you are going to testify, you have a right to expect the lawyer to spend significant time practicing your testimony and explaining how the prosecutor will likely cross examine you.

5.  At any sentencing hearing, if there is no agreement as to what sentence will be imposed, you should expect your lawyer to advocate for the lowest possible sentences.   Like at trial, this will require the lawyer to understand the evidence and witnesses the prosecution might use to increase your sentence and will also require the lawyer to be prepared to present evidence and witnesses on your behalf to help lower your potential sentence.  After sentencing, you should expect that lawyer will explain to you any options you have regarding an appeal.

6.  Above all else, you have a right to expect your lawyer to be available to answer questions.  One lawyer writes on his website “don’t expect him to be able to return all of your phone calls within half a day. A good lawyer will always be very busy and you should allow him 48 hours to return your calls.”  We strongly disagree.  Except in rare circumstances, you should expect your lawyer to call you back the same day even if this means calling you at night after he finishes in court for the day.  This is the reason that we post the mobile phone numbers of all our attorneys on our website so that you can easily reach us and, if we are unavailable, leave a message that can be returned promptly and not two days later.

Always remember, your lawyer works for you and, more than likely, you are paying the lawyer a significant amount of money.  No question is too foolish when your liberty is at stake.  The time to ask the questions is before entering a plea because, once you have done so, it is very difficult, if not impossible, to go back.  Conversely, you should make sure that, if you elect to go to trial, you understand any plea options you are giving up, because, if you are convicted at trial, it will be too late to go back and accept the plea agreement.  The key is to ask questions because you have a right to expect honest and objective answers from any lawyer you hire.

Chicago is a city in the state of Illinois, USA. Chicago defense lawyers are some of the best available defense lawyers in the country. These well educated and qualified lawyers are highly diligent and efficiently protect the constitutional rights of the clients who come to them for assistance.

People go to lawyers when they are faced with issues where there are unlawfully indicted or when their constitutional right is being threatened in any way. They look for somebody capable enough to handle their concerns and who can bring them out of the situation safely. A Chicago defense lawyer is a person who is ever ready to take on new challenges and protect the rights of his/her customers and get them out of trying situations. They assist their clients in fighting against their opponents and get justice.

A Chicago criminal defense attorney may specialize in any field of law. It might range from theft of vehicles to big bank robberies. There are some very capable defense lawyers in Chicago who can handle your case with care and precaution. Whether you are indicted in cases relating to racial discrimination, pornography, copyright issues, business frauds, embezzlement of funds, or unlawful trespassing, the defense lawyers in Chicago are well equipped to handle all types of cases.

There are a few things you need to keep in mind when you decide to request for the services of a Chicago defense attorney. First of all, ensure that you maintain a cordial relationship with him/her so that your case can proceed smoothly. Next, remember that your lawyer is there to help you; hence, do not hide any facts from your defense lawyers. It is imperative for them to get the true picture to be successful in their roles. Next, ensure that your attorney is clear about his/her terms and conditions and the fees involved. Make sure that all your files and other details are handled confidentially with care. At any point, if you feel that you are not being treated well or the case is not being handled efficiently, ensure that you have a conversation with your lawyer to get things going on the right track.

Remember, if you are looking for good professional help in any type of case, do not forget to contact a good Chicago defense lawyer.

In my experience, finding a good criminal defense lawyer in Denver can be difficult, here are some suggestions of resources I have found useful:

Referrals – If you were arrested and incarcerated, then obviously what better crowd to ask for referrals. It seems inmates always know which criminal defense attorneys are worthwhile and which are not. This is not the absolute best source for referrals, but I do find more value here than asking an attorney for a referral. I don’t want to be referred to an attorney just because they played golf with the attorney I asked for the referral from. However, if you do already work with an attorney or lawyer in Denver
that you trust, than this would absolutely be an excellent place to start for a solid referral.

Courtroom Observation – Before you discount this one, stop and think. Doesn’t it make sense that you would watch an attorney in the courtroom and see how they handle themselves? I have found an excellent attorney by just going to court and watching several cases.
Directories – There are several competent law directories with excellent attorneys for all different sectors of law practice. If you are going to utilize a directory to locate your attorney then it is imperative that you interview a couple of different attorneys so that you are making an informed decision. Seems to make sense right? Again, I have heard over and over again, “We went with the first attorney we met with, he/she seemed capable”. Don’t get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision don’t get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision. No matter what happens you will need to deal with the consequences of the case.
This is not the end all guide to hiring your Denver attorney, but a summary of some important things to consider when hiring an attorney. No matter what it is important to try and be as objective as you can and not get swallowed up with the emotions that are usually tied to a criminal case. Good advice, but usually difficult to follow. This article should not be considered legal advice and is simply a resource for those navigating their way through the many Denver Attorneys that are available.

I hate to see people taken advantage of and I hate to see people suffer after choosing the wrong lawyer. Maybe those are two of the reasons that I became a lawyer, so that I could do something about those situations. I have seen clients who had lawyers neglect their cases for not just weeks but years. I have heard complaints about lawyers who would not tell the client what was going on with their cases, but would bill the client when the client called to ask what was happening.

Please refer to Part-1 of this 2-part article to read about the role of your lawyer and why it is important to have a strong lawyer-client working relationship with your attorney. The following points will add to developing a strong work relationship with your lawyer and lead you to more successful results in your lawsuit. First and Foremost, Give Your Lawyer the Whole Story – As soon as you hire your lawyer, tell him or her everything that is related to your case and provide him or her with every relevant document, even those…

As a business owner, you are usually run off your feet with the challenges of operating your business. The last thing you need to worry about is a legal problem. Many business people put off dealing with a legal problem because they don’t know where to turn, don’t have the time, or most often, are afraid of how much it will cost and how much time it will take. The authors, experienced litigation lawyers in Toronto, Canada, offer excellent tips on how to get the best legal advice efficiently.

Finding a good lawyer can be a tough job yet your decision about who to represent your case can determine whether you win or lose. In the cut and dried world of Canadian law, it does come down to winning and losing a case. If you’re facing an immigration hearing, you need an immigration lawyer, or an employment lawyer for a wrongful dismissal hearing, or a criminal lawyer if you’re facing serious criminal charges in Canadian Courts. This articles has some tips on what to look for in a competent lawyer.

With the changes in family law over the last 30 years, including the adoption of equitable distribution in place of the old common-law rules, the adoption of laws protecting military spouses, and the adoption of support guidelines and various local rules promulgated within the various circuits, the area of separation and divorce has become much too complicated and specialized for someone who does not regularly handle these types of cases. It distresses us when clients come to us with poorly drafted separation agreements, and/or decrees which other inexperienced attorneys have handled.

There are a low of lawyers out there. When you need one you have your pick of any lawyer in your area who covers the legal area of expertise that you need so how do you choose? The tips that follow will help you to choose a good lawyer when it comes time to make your final decision.

When you are faced with a federal investigation or criminal charge, it is hard to know how to pick the best lawyer. This article summarizes the factors that should go into your choice and what to look for in a federal criminal defense lawyer.

Hmmm… maybe “hate” is too strong a word, but in my relationship coaching work, I have come to believe there is a flavor of the love-hate dynamic in nearly every personal relationship… new relationships, committed and exclusive relationships, with engaged couples and with married couples. If there’s not, then, (tongue in cheek), perhaps it’s because you haven’t known the person long enough to find something to resent. At any rate, a love-hate relationship does not mean there is no passion, no intimacy, no sincere and deep love, commitment and devotion.

If you are charged with a crime, you are definitely going to need some help navigating the complicated legal processes. There are different types of felonies in Colorado Springs which can range from something as simple as false information to a serious crime such as homicide. If you have been charged with a crime, whatever be the nature of the charge, you need to ensure that your rights are protected.

So you, or someone you know, have been charged with a crime. Sometimes, choosing the right lawyer can make the difference between freedom and years behind iron bars. When you are fighting the legal system it is absolutely vital that you have the best lawyers to back you up. How do you go about choosing a criminal defense lawyer in Colorado Springs?

Take all the time that is required to visit criminal defense attorneys in the area. Experienced attorneys will help you understand the terrain of the legal battle that you are about to plunge into. While short-listing attorneys, check if they have prior experience handling cases that are similar to your own. As you talk to the lawyer you will also get an feel of how focused they are about taking down details of your case and their ability to explain what is to be expected during the trial.

Watch out for absolute guarantees and false promises. All that a good criminal defense lawyer can do is argue the case to the best of his or her ability and present your case in the most favorable light. Any lawyer that offers you absolute guarantees must be approached cautiously.