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What to Look at When Hiring a Criminal Defense Attorney

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Being charged with a crime can be a very stressful experience for several reasons. The criminal justice process can be confusing and overwhelming, and you may be unsure what to expect. You may also be worried about the potential consequences of the charges, including fines, imprisonment, and damage to your reputation. To add to your stress, you need to hire a criminal defense attorney to represent you. Most people don’t have any experience hiring lawyers, let alone being under time pressure to choose a criminal defense attorney to defend them against criminal charges. 

 

To help you make your decision, here are several things you should consider when choosing a criminal defense attorney:

 

Experience: Experience is important when hiring a lawyer because it can give you a better idea of their ability to handle your case successfully. Lawyers who have experience handling cases similar to yours will have a better understanding of the legal issues involved and the strategies that may be most effective in your case. They will also have a better sense of the potential outcomes of your case and will be able to provide you with more accurate advice. 

 

In addition to their technical knowledge and skills, experienced lawyers may also have established relationships with other professionals in the legal field, such as judges and other lawyers, which can help resolve your case.

 

Of course, it’s not always necessary to hire the most experienced lawyer for your case, and there may be other factors to consider as well. However, experience can be an important factor when choosing a lawyer.

 

Reputation: A lawyer’s reputation can be an important consideration when hiring a lawyer because it can give you an idea of their track record and the level of respect they have within the legal community. A lawyer with a good reputation is likely to be well-respected by their peers and may have a proven track record of success in handling cases similar to yours.

 

There are a few ways to research a lawyer’s reputation:

 

  • Ask for referrals: You can ask other lawyers or people you trust for recommendations.
  • Check online reviews: Look for reviews or ratings on legal websites or the lawyer’s own website.
  • Check with professional organizations: Some professional organizations, such as the local bar association, may have information about a lawyer’s reputation or may be able to provide a referral.

 

Communication: Effective communication between you and your attorney is important because it helps to ensure that both of you are on the same page and that the attorney understands your needs and goals. It’s important to find an attorney who communicates clearly and regularly. You should feel comfortable asking questions and discussing your case with them. Good communication is essential to the success of any legal representation.

 

Cost: You should consider cost when hiring a lawyer because legal services can be expensive, and you want to make sure you are getting the best value for your money. It’s important to understand how a lawyer charges for their services and to make sure you are comfortable with the fees before hiring them. Make sure you understand what is included in their services. It’s also a good idea to ask about payment plans or other options if you are concerned about paying for legal representation.

 

Comfort level: It’s important to feel comfortable with the criminal defense attorney you choose to represent you because you will be working closely with them throughout the legal process and entrusting them with a very important matter. If you don’t feel comfortable with your attorney or don’t feel that they are listening to your concerns and addressing your needs, it can be difficult to establish a good working relationship and to have confidence in their representation.

 

Having a good rapport with your attorney can also help you feel more at ease during a stressful and uncertain time. It’s important to feel that you can trust your attorney and that they are working in your best interests.

 

Of course, it’s not always possible to feel completely comfortable with your attorney, especially if you face serious criminal charges. However, it’s still important to try to find an attorney you feel you can work with effectively.

 

Remember, you have the right to choose the attorney that you feel is the best fit for your case. Don’t be afraid to ask questions or shop around to find the right attorney for you.

David Edelstein has been practicing criminal defense for over 25 years in Miami, Florida. His firm, David M. Edelstein, P.A., specializes in representing clients under criminal investigation or being prosecuted in state and federal courts.

What happens with the funds on hand with a Chapter 13 Bankruptcy Trustee when a case is Dismissed, Post Confirmation – Michigan

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In Michigan, the leading case on this subject is In re: Gonzales (Bankr. W.D. Mich. Dec. 21, 2017). Here, Judge Dales stated that “a chapter 13 trustee in possession of post-confirmation bankruptcy plan payments when the dismissal order is entered must remit them to the debtor, unless a court order provides otherwise.” In re Gonzales, at *1.  In reaching that conclusion, Judge Dales referenced Judge Shefferly, stating that “Congressional intent in § 349(b) is “to basically unwind the entire case as if it never happened.”  Bateson, 551 B.R. at 813 (citing Harris” In re Gonzales, No. DL 14-04778, at *7 (Bankr. W.D. Mich. Dec. 21, 2017).

However, Judge Dales went on to clarify that as the Sixth Circuit reminded us earlier this month, “[l]egislating is for Congress, not the courts,” and “it is never our job to rewrite a constitutionally valid statutory text under the banner of speculation about what Congress might have done . . . .” Nestlé Waters North America, Inc. v. Mountain Glacier LLC (In re Mountain Glacier LLC) In re Gonzales, No. DL 14-04778, at *8 (Bankr. W.D. Mich. Dec. 21, 2017). “In addition, federal trustees are bound to follow state law. 28 U.S.C. § 959(b). So long as there is no controlling federal law, state law applies... In Michigan, when one person transfers property to another person for delivery to a third person upon the occurrence of specified conditions, an escrow arises… When the conditions precedent to the release of the escrowed property do not come to pass, the property is returned to the original transferor. Noakes v. Noakes, 290 Mich. 231, 287 N.W. 445 (1939).  

Under the circumstances, the Trustee finds herself in the position like an escrow agent in receipt of payments made to her for distribution under a prior arrangement that no longer remains in effect. Much as a title company returns to the buyer a down payment on a sale that has fallen through, the Trustee must return the payment to its source, the Debtor… The Debtor, rather than her creditors, has the stronger claim to the Funds.” – In re Gonzales, at *9-10.

In regards to attorney fees, “the court’s dismissal order ought to briefly postpone the revesting of prepetition estate property under § 349(b)(3) in order to give interested parties an opportunity to ask the court to order otherwise, “for cause.” 11 U.S.C. § 349(b)(3)” In re Gonzales, at *13.

With any further questions on Chapter 13 (or Chapter 7) bankruptcies in Michigan, please contact us at our Grand Rapids, Michigan office, (616) 920-0555.

Law Office of Russell & Tighe, PC

David Baer Attorney – Stop False Advertising with Awareness of Business Laws

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Business Laws

International business and commercial transactions must protect consumers from false advertising and deception. This is why several laws protect the end consumer in every nation. When it comes to Minnesota, the State has several courts to protect the rights and the interests of the consumer. The attorneys interpret business laws in simple terms. A lot of information on consumer protection laws are shared in email campaigns. There is a download of data done extensively by consumers who wish to know about their rights so that they can seek the protection of courts against companies that create false claims. [Read more…] about David Baer Attorney – Stop False Advertising with Awareness of Business Laws

4 Finance Options for Hoteliers Surviving the COVID-19 Crisis

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1.   Ask your lender to modify your loan terms and defer payments.  During this difficult period it is important to conduct amicable, transparent, and frequent communication with all stakeholders. This includes lenders along with your corporate business attorney and certified public accountant, as well as your hotel franchise company and any third-party management company. If you are experiencing a severe financial hardship, reach out to your lender and appeal for a modification to the existing loan terms reflecting the new business realities of today and seeking a temporary deferral of monthly loan payments. 

2.   Refinance and Consolidate your Existing Debt.  A good option may be to explore cash out financing of existing debt on your hotel at a higher loan-to-value ratio and with a much lower interest rate and subsequently re-inject such cash equity as needed. There are many standard loan programs available that can achieve this objective. A refinance is a good opportunity for a debt consolidation in which all of a hotel owner’s different debt obligations are paid off and consolidated and afterwards a hotel owner will have just one monthly loan payment with a much better interest rate. You could consider the SBA 7a and 504 loan programs for this purpose. Unfortunately, numerous weary lenders have instituted an indefinite lending freeze on the hotel industry. Consequently, the SBA and SBA’s federal government-backed lenders will play a major role in the rescue of the hotel industry.

3.   New Equity Partner Participation.  I recently had a telephone conversation with an owner of a hotel portfolio with his properties concentrated along NAFTA trucking routes from southern California to south Texas.  Hence, his group was enjoying much higher occupancy rates than other hotels based on business traveler and tourist related clientele. In the coming months, this fortunate owner was preparing to bargain shop for hotels that have experienced catastrophic revenues.  Thus, a scenario like this creates an ideal situation for a win-win within the industry in the form of new investors seeking higher than normal returns by providing much needed cash injections for distressed hotels. 

4.   File for a Chapter 11 Reorganization.  Too many hotel owners view the idea of bankruptcy as a life ending and fateful decision. On the contrary, it can be a fresh start. If a loan modification and/or loan payment deferment is not a possibility, then a Chapter 11 reorganization/restructuring of debt and protection from creditors under the U.S. Bankruptcy Code may be your best option.

Shae Armstrong is a corporate finance attorney with the national law firm of Stinson LLP in Dallas, Texas. Shae is recognized for his work involving private funds, investment companies, and loan arrangements within the hospitality sector.  Shae has advised U.S. House and Senate offices, committees of the U.S. Congress, and policy and industry trade groups on alternative and international investment and lending matters. Shae’s work has been cited in numerous publications including the New York Times, Wall Street Journal, Dallas Morning News, The Guardian, and The Washington Times. He earned bachelor’s degree in accounting from Tulane University’s Freeman School of Business, a J.D. from the University of Tulsa, and an executive global masters in management from the London School of Economics and Political Science. Mr. Armstrong is licensed by the Supreme Court of Texas and the U.S. Court of International Trade.

Who pays when an agreement to provide services is canceled due to COVID-19?

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Recently, a professional musician asked me how to handle existing contracts for gigs that will be canceled due to COVID-19. Should he return deposits? Could he seek payment in even if he didn’t play the gig? His band members count on the gigs to pay rent and support their families. But he didn’t want to get sued, and he wanted to avoid hurting his reputation with venues where he wants to play in the future.

Thousands of service providers and their clients are asking these questions. Plumbers, contractors, gardeners, child care providers and repair people are getting cancellations from people who cannot risk inviting someone into their homes and from businesses that are shut down. Homeowners and businesses are wondering about deposits and cancellation fees they agreed to pay. Visual artists, muralists, and graphic designers may be confined to their homes and unable to fulfill promises they made months ago.

A full analysis of these issues could fill volumes. This article will briefly explain a few of the key concepts likely to come into play.

Language of the contract

The first place to seek answers to the above questions is the written contract. Look for a “Force Majeur” clause. A typical force majeure clause says neither party to the contract can be held responsible if it was forced to violate the terms of the contract due to unforeseen circumstances beyond the party’s control.

For instance, a contract to paint a building may require the painting to be completed no later than May 1st. But a force majeur clause in the contract may say that deadline does not apply if a natural disaster occurs.

Other contract terms may come into play as well. The contract may state what happens to a deposit if one party or the other cancels the service. It may say the service can or will be provided at a later time if delayed by unforeseen circumstances. Or it may give a definitive time limit beyond which the service provider will not get paid if the job isn’t done; or a deadline after which the service provider gets to keep the deposit if the client cancels.

Impossibility / impracticability

What if the language of the written agreement does not answer your question?

In most states including California, if it is impossible for a party to a contract to fulfill its duties under a contract, then his or her performance is excused.

For instance, in the example of the contract to paint a building, if the building burned down, the painter would likely avoid liability for not painting it.

Frustration of purpose

What if the building stayed intact, but the building was condemned by local officials? In that case, the building owner might be able to cancel the painting job without liability by claiming “frustration of purpose.” This defense applies when performance of the contract remains possible, but the reason the parties entered the agreement has been frustrated by an unexpected.

For instance, the purpose of a musical performance might be frustrated if the potential audience is under a stay-at-home order or if the venue has been ordered to shut down.

Practical considerations

If you are in a situation like my musician friend or the owners of venues where he was scheduled to perform, you should first contact a lawyer like my friend did. Nothing in this article is a substitute for legal advice tailored to your situation, and this article does not cover anywhere close to all of the potential situations and contracts out there.

All of the legal issues above, however, may be far less important than your ongoing relationship with the other party to the contract and your reputation with your customer or client base. Especially in light of the COVID-19 situation, parties should all understand that we are dealing with “acts of god,” and contracts may have become impossible or purposeless.

Whether you are the service provider or customer, it’s a good idea to first look at the contract, then talk to a lawyer, but then get on the phone. Try to negotiate and to connect on a business and personal level before resorting to legal action. You may save a lot of time, frustration, and money – and improve your business reputation for the day (hopefully soon!) when you can open your doors or get back on stage again.

Filed Under: Law