Felony Lawyer Defenses Against DNA and Forensic Evidence

How is your felony lawyer going to defend you if there's significant DNA evidence against you? Forensic testing has sent thousands of criminals to prison and has even set the innocent free, but the use of DNA evidence in a court case is still controversial due to the complexity of analyzing and testing samples, as well as human error. While it may seem like the odds are against you, a skilled felony lawyer can construct a plausible defense without necessarily resorting to a plea bargain, regardless of DNA evidence.

One of the main defenses against DNA evidence is human error. This still happens often. Crime scenes are extremely delicate, and one false move by an analyst, police officer, or other party can result in the mishandling of evidence. There is a big difference between a hair particle found in a brush and one found on a body, so these small distinctions are crucial during trial. An attorney can investigate to determine whether or not procedure was followed correctly or if there were potential mistakes were to blame.

A felony lawyer who is experienced with DNA evidence knows that a report is much more complicated than a simple positive or negative result. Many times tests are ambiguous. Your attorney should review all analysis carefully for weaknesses or inconclusive outcomes. The DNA analyst who runs the test may not know enough about the case to make a conclusive statement on whether or not the sample can be unequivocally traced back to the suspect. This is where an attorney can step in and research further on their own or with the assistance of other DNA experts.

When a forensics analyst takes the stand during a trial, the felony lawyer should be prepared for a ruthless cross examination, especially if there were clear errors or misreading regarding the test results. It's also important to question their testing methods as technician error during analysis could be another potential issue.

DNA isn't a magical answer to every crime, although prosecutors often seem to think otherwise. Just because a small particle is plucked and tested doesn't mean that what is found is even substantial enough to result in a concrete analysis. An inexperienced felony lawyer, however, might be intimidated by the potential damning evidence. As a result, they might persuade clients to enter a plea bargain when it isn't the ideal option. A client should consider this carefully and possibly even seek different counsel if there was little effort to create defenses against the DNA.

Few cases are as black and white as they may appear at first glance. Don't let distress or anxiety get the better of you. A good attorney can help you retain your rights and choose the best method for proceeding with the trial. Don't believe the myths that you may have heard about a single strand of hair sending a man to jail for a life term. DNA is very complex and does require a specialized attorney, but justice can still prevail.

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Debunking Complaints Against Lawyers

I frequently receive calls from potential clients complaining about other lawyers who represent them, have represented them, or they have called to represent them. Below are some of my favorite call topics, and my responses to them.

Comment: "I have called or e mailed many lawyers and no one but you have returned my calls or e mails."

Response: A lawyer does not want to talk to someone who is fishing around for free advice, and calls 15-20 lawyers or more in the process. A short inquiry is fine, but some callers want to spend a large amount of time discussing their situation. Lawyers generally only need specific information to determine if callers have a viable case, so please be respectful of their time and the questions you ask of them. A general e mail is even worse, because it is unclear how many lawyers have been contacted via one e mail. I have had many e mails sent to me via websites which are addressed to lawyers with different names. The inquirer did not even take the time to change the name. Why would a lawyer even respond to such an e mail? There are also many scam e mails lawyers receive from all over the world, and it is difficult to tell which are legitimate.

Many inquirers do not seem to realize that "a lawyer's time and advice are his stock in trade", a saying that is usually attributed to Abraham Lincoln. Let's do the math. If a lawyer gets 20 calls a day from prospective clients and spends an average of 15 minutes on each call, they have spent 5 hours on the phone and they haven't earned a dime if all of those callers are trolling around for free advice. They have businesses to run and expenses to meet. These same callers would not dream of taking up another professional's time free of charge.

Comment: "My lawyer didn't do anything, or didn't say anything in court."

Response: Although this may be the case, in my many years of experience I find this is rare. Lawyers often do much of their work behind the scenes, and do not communicate every single thing they do to their client, as this would be even more time-consuming, especially to clients who pay hourly, and who would not appreciate being charged for this service. Clients need to trust that their lawyers are putting in the necessary time to assist them, and in contingency fee cases, lawyers don't get paid if they don't settle or win a case, so why would they not do the work to ensure success? Lawyers also cannot guarantee the results of any case.

Lawyers who appear in court have to measure what they say. They don't often want to raise numerous objections which may offend the judge and delay the proceedings; they may determine from the judge's mood or nature of the case that saying less would be better; and they may decide to play the good layer and let the opposing lawyer rant and rave to their client's detriment. Clients don't always understand these nuances and think that the lawyer who rants and raves is the better lawyer. They probably get this impression from television, but a real courtroom experience is very different from a televised courtroom experience.

Comment: "Many other lawyers have told me what you said, but I don't believe it and I want to take my chances that I can convince the judge of my case on my own."

Response: I often say to clients, would you perform brain surgery on yourself, and if not, why do you think you know more about the law and courtroom procedure than a lawyer? Do not mistake your ability to file a case in court as a pro se litigant with the certainty that you can represent yourself successfully. The law and the rules surrounding it are extremely complex and vary from court to court and county to county. Of course there are some people who represent themselves successfully, but this is a very rare outcome in a complex case in a court other than a first level court.

Comment: "It isn't fair, where is justice?"

Response: Life in general isn't fair, and justice depends on many things. A soup to nuts lawsuit on certain matters costs a minimum of $75,000-$100,000 and upwards for a lawyer's time, plus thousands of dollars in court. If one can afford to pay a lawyer that amount, that is great. If one can find a firm to accept the case on a contingency fee basis (usually in serious injury or death cases), that is great, but for the vast majority of others, their path to fairness and justice in the legal system will be seriously limited by what they can afford to spend.

Comment: "I spent all of my money (fill in the amount, but it is usually into the many thousands of dollars) on a lawyer and now I have no money left, so can you take my case on a contingency fee basis?"

Response: I love these calls, and wonder, why wasn't I the one they had thousands of dollars to pay? It is not a lawyer's responsibility to pick up a case free of charge after another lawyer/s have worked on a case and gotten paid. Oftentimes the cases at issue are those in which a lawyer can't possibly make money (although the callers assure the lawyer will make millions from the free publicity), such as custody or support cases, or which are so far along in the legal process, or so many mistakes have already been made, that it is a losing case.

My final comment is please be respectful of a lawyer's time and advice, as it is their stock in trade, and should not be wasted.

Faye Riva Cohen, Esquire
Law Office of Faye Riva Cohen, Esquire
2047 Locust Street
Philadelphia, PA 19103
P: 215-563-7776
F: 215-563-9996
email: frc@fayerivacohen.com
website: http://www.fayerivacohen.com/

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Tactics Used by Disability Insurance Companies Against Claimants to Deny Claims

To protect their businesses and their shareholders, disability insurance companies have made it hard for the average person to file a claim and obtain the benefits that they signed up to receive. When a person successful files for benefits on a disability insurance policy, it is long-term and very expensive to the companies.

Because of the laws governing disability insurance policies were written, there are no penalties in place when companies deny or delay claims. If you have to fight for your disability benefits and it takes a year, during which time you lose your home and life savings, there is no punishment or penalty to the disability insurance company. If you win in a court case, you will receive what they were supposed to pay you in the first place. The only thing that the insurance company loses is the time of their in-house law firm, while people who are sick or injured can lose much more. That is why it is important to know as much as possible about disability insurance, the process of filing a claim and the process of fighting for a claim to protect yourself.

Insurance companies employ many medical professionals to investigate claims. They have staffs of nurses and doctors who do nothing but read medical records and review diagnostic tests all day long to build cases against claimants. There are many instances that we have seen where the medical reviewer only sees a small part of the person's medical file - important documents that clearly verify a serious illness are left out. Is this deliberate or just poor record management? It is hard to know - but the bottom line is that disability insurance claimants have to fight to make sure that their complete medical records have been examined.

Insurance companies often use in-house medical staffers to contact treating physicians, review claims and write letters that are not accurate to help build cases against claimants. A typical scenario: the medical staffer calls the doctor's office, speaks about the claimant, and then the insurance company staffer sends a letter to the doctor's office confirming the conversation. The problem is, the letter is not entirely accurate and does not reflect the conversation that took place. Some facts are twisted, others are left out entirely. The critical part is this: the letter will contain a statement that says "unless we hear back from you by (a certain date), you accept the statements in the letter as fact."

Doctors, office managers and their own staffers are busy, and responding to this letter is not their top priority. When no one responds, or when the response comes after the date, the insurance company uses that as an agreement with the contents of the letter, even if the letter is totally inaccurate and contradicts every piece of information in the patient's medical record.

Today it is inexpensive for insurance companies to use video surveillance to monitor claimant activities. If you have filed a claim and a van or truck shows up on your block that does not seem to have any identifying marks or workers taking out equipment or making a delivery, it is entirely possible that surveillance is taking place. If you have a disability like fibromyalgia, where some days you cannot get out of bed and other days you feel almost normal, the videotape surveillance will only show you on a good day. This can create a difficult situation. If however your medical records reflect the unpredictable nature of your illness, you have a better chance at fighting the challenge to your disability insurance claim.

Frankel & Newfield's knowledge of rapidly changing laws in the field of disability insurance and our efficient and cost-effective approach to resolving matters at any stage is of great value to our clients. The insurance companies and their lawyers know us and they know our reputation for aggressive representation. Call our offices to speak with a partner about your situation at 1-877-LTD-CLAIM (1-877-583-2524).

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Protect Your Rights Against DUI Or Other Criminal Charges

There are times in everyone's life when they make a mistake, but that does not mean that they are not remorseful or not deserving of a second chance. For some people, that mistake is possibly making a poor decision while they are going about their everyday lives, and are arrested for DUI. One of many great things about this country is the opportunity and right to legal representation in any matter, as well as the right of innocence until proven guilty by a court or jury of your peers. In matters of DUI charges, getting the best legal defense available as soon as you possibly can is paramount to your protection of both yourself personally, and your legal rights.

DUI charges are serious, and can carry with them dire consequences. You face the potential of having your driver's license revoked, possible jail time, huge fines, a dramatic increase in your vehicle insurance premiums and even probation. It is vital that you contact a proven DUI defense counsel as soon as you possibly can to help relieve the massive consequences that you will be facing. In any DUI charge where the police seize your driver's license, they subsequently contact the Department of Motor Vehicles to inform them that you have been arrested. The DMV will automatically suspend your driving privileges. In order to prevent this from happening, it is paramount that you contact a DUI attorney that can help you to possibly prevent this license suspension from occurring.

There are many different challenges and tribulations associated with DUI cases, and only a knowledgeable attorney can help you to understand these challenges and how to handle them with the best possible outcome for you. Your rights will be protected and insured against undue processes, as well as defending you. There are some cases that the right attorney can get your charges mitigated in order to reduce the sanctions that are going to be set against you. This will help lessen the socioeconomic impact of DUI charges. In other situations, the right attorney may be able to help you to get your charges dismissed altogether, and stop the action of the DMV suspending your license. There are many unknowns associated with these types of cases, so that makes it much more crucial to have a solid defense in your corner that knows the ins and outs of the court and its system.

Even if you have not been charged with a DUI, but something more severe in the eyes of society, such as domestic violence, possession of illicit drugs or possession of them for sale, violent crimes and even sexual assault. You are still facing exorbitant sanctions such as jail time, huge fines and worse. If you find yourself accused of any crime by police or any other government agency, it is wise to find an experienced and proven criminal defense attorney to defend you and protect you and your rights until a decision is reached. It is your life; you have the right to protect it and your rights under the laws of this land through the help of a qualified and knowledgeable attorney.

DUI charges? Protect your rights with a skilled DUI attorney
Whether you are charged with DUI or other criminal charges, a criminal defense attorney can protect your rights

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