How an appeal in a criminal case is filed

There is a tendency in the United States court system to uphold decisions made by lower courts. As a result, for an appellate court to hear an appeal, a person must demonstrate that there were errors made at the trial level. The error also must be material or substantial in nature. “Harmless” errors that have not had a substantial impact on the outcome of a case are almost always unable to form the basis for a successful criminal appeal. You can create a strong criminal appeal with the assistance of an experienced criminal defense attorney. Continue reading to learn how to file an appeal in a criminal case.

COMMON BASIS FOR SUCCESSFUL CRIMINAL APPEALS

There are several common reasons for successful criminal appeals, which include:

Abuse of discretion. In some types of criminal cases, judges have a wide range of discretion. If an appellate court determines that a judge abused discretion in making a decision, this means that the ultimate ruling was either erroneous or arbitrary in nature.

Ineffective assistance of counsel. Ineffective assistance of counsel means that a person’s Sixth Amendment rights were violated. In deciding an ineffective assistance of counsel case, courts determine whether a lawyer’s conduct undermined the judicial process.

Insufficient weight of evidence. Appellate courts tend to not view how evidence was presented in court or review an argument. As a result, appellate courts are often not in the best situation to assess the weight of evidence. It is possible, however, for an appellate court to decide that a lower court improperly weighed evidence in arriving at a decision.

Plain error. Any defect or error that affects a person’s rights can represent a plain error. Some of these errors can represent the basis of a successful criminal appeal. One of the most common types of plain error is when a judge miscalculates sentences following a conviction.

HOW TO FILE AN APPEAL IN A CRIMINAL CASE SUCCESSFULLY

Some of the steps that are commonly involved in successful criminal appeals include:

• A person retains the services of an experienced criminal appeals attorney.
• Notice of the appeal is filed with the appropriate trial court.
• Records of the appeal are obtained. An experienced attorney will then perform a thorough review of all of the documents and transcripts associated with the appeal to identify any potential legal errors.
• The appeal attorney prepares and files the appropriate brief. The brief will include details about what occurred in a person’s case as well as present arguments supporting a person’s appeal. The outcome of a large number of appeals relies on the details of a brief.
• You and an experienced lawyer will argue in front of the judges who will decide the outcome of your appeal. During the appeal, a person often will have the option to appear. During this time, judges will listen to each side’s argument, consider the merits of each argument, and issue a written decision that provides either an affirmation or reversal of a conviction.

SPEAK WITH AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY

It can be challenging to make a successful criminal appeal, but the assistance of an experienced criminal defense attorney can help greatly.

Selecting A Skilled Appellate Lawyer

It is often a good idea to ask your trial lawyer if he or she has any recommendations for who might be able to provide strong appellate assistance. You might also ask your friends if they can refer an attorney who can provide strong assistance in navigating an appeal. A recommendation, however, should not be enough to satisfy your search for an appellate attorney. Instead, it is critical to ask a number of questions about the skills of a potential appellate attorney. Some of the factors to consider include how long the appellate attorney has been practicing and the degree to which the attorney focuses on criminal appeals.

In addition, it’s important to look at an attorney’s track record of success in handling criminal appeals. The appellate process is extremely complicated and requires a different set of skills than representing a defendant at trial. When you talk to a lawyer that you are considering retaining for your appeal, you should ask about his or her law school experience, whether he or she has practiced in the United States Courts of Appeals, and whether he or she has obtained favorable court decisions in the past.

There is a substantial variety in the appellate skills of lawyers. Because a small number of criminal appeals are successful, it is vital to obtain the assistance of the best criminal appeals lawyer possible. While a good appellate lawyer can increase the chances that your case resolves in a positive manner, a less than stellar appellate lawyer can negatively impact the future of your case.

Traffic Accident: What To Do

Being involved in a traffic accident can be one of the most stressful events you’ll ever experience, and whether it was your fault or not, you need to be aware of your legal rights as well as knowing what to do both at the scene of the accident and afterwards.

After all, depending on the circumstances, you could be subject to motoring prosecution for careless or dangerous driving, for example, and you may need to make a personal injury claim for compensation.

Either way, here are a few basic tips to make sure you do everything by the book.

At The Scene

The first thing you need to do after a road accident has occurred is – quite obviously – stop. Even if you weren’t directly involved in the incident yourself, if you saw what happened you could end up being a key witness. Your next priority is then to check if anyone has been injured and call for the necessary emergency services – an ambulance for people needing urgent medical attention, and also the police if the road has become blocked or if anyone has fled the scene.

You’ll then need to start gathering information: exchange details (name, address, phone number, vehicle information, insurance information etc) with every driver involved in the accident, as well as gathering the same details (minus insurance info) from any witnesses. It will also be incredibly useful to write down as many details of the accident as possible (note them on a phone or in a notebook if you carry one in your car). This can include the time of the accident, the weather and road conditions, exact location (including street names), damage to the vehicles and information concerning skid marks. It can also be very helpful to make a sketch of the scene of the accident or take photos if you have a camera or camera phone with you. Any type of evidence will come in handy later for insurance claims or if judicial action is required.

After The Initial Accident

You’ll obviously need to inform your insurance company if any damage was inflicted on your or someone else’s vehicle, and if the police ask for a valid insurance certificate (this can also be requested by other people involved in the accident), one must be produced either immediately or taken to a local police station within seven days of the accident. It is worth noting that if the police suspect a crime has been committed, they can check the insurance information of a certain car or driver using a database, and can seize the vehicle if it is being driven while uninsured.

Seeking Professional Help

Of course, this is just a very brief look at your rights and what you should do in the event of an accident. For more information concerning road traffic law – or if you want to proceed with legal action due to a road accident – a specialist solicitor will be able to help you, whether you are the victim of someone else’s dangerous driving or if you were involved in an accident where you were at fault. A firm that has experience in road traffic law will be able to impart their knowledge on this legal area and give you professional advice on what to do next.

Possible Defenses To A Disorderly Conduct Charge

(US criminal law and generally) Disorderly conduct is the most common charge made by arresting officers throughout the country. This charge has a very broad range of events that fall under its scope. Playing music too loud at your home to having a fight with your partner that others can hear can be considered disorderly conduct. Showing a firearm in public, making obscene gestures that others are witness too, and being intoxicated in a public place are some other examples. 

Because the ranges of events that qualify under disorderly conduct are so vast, so are the possible defenses. Criminal defense attorney in Austin advises that one must take into consideration every aspect of the offense to create a good defense to put before the court. Following are several defenses which have proved successful in court:

• Mental State (Non-Medical) – One of the best defenses for a disorderly conduct charge is to show that the mental state of the charged person was that of someone who did not know their actions were causing a disturbance. An example would be someone charged for having a loud party at their home could plead that they did not know their neighbor three houses away could hear their music.

• Mental State (Medical) – A person that has been charged for being loud and disruptive and is being treated for any type of mental illness can use this medical condition to their advantage. A person that is suffering with depression and then creates a public display can show that their mental state was the cause of the action.

• Witness Testimony – Sometimes, a person is charged with disruptive behavior based on the testimony of one person. However, when others are interviewed about the event, the evidence shows that the event was not seen as a disruption by any other people involved. When this is the case, the accused often sees their case dismissed.

• Intoxication – If alcohol or drugs are involved, the defense attorney can show that the accused is not fully responsible for their actions due to a substance abuse problem. In many cases jail time and fines are waived if the accused enters into a treatment plan for these problems.

• Police Work – In some cases, shoddy police work will be the best line of defense for the accused. If the arresting officer violated the rights of the accused, the defense lawyer can use this evidence to have the case dismissed. This may include shoddy reporting, violations of Miranda, and violations of search and seizure laws concerning evidence.

Disorderly conduct charges are, in most cases, a felony misdemeanor charge that carries a fine and possibly imprisonment of up to six months. In most cases the courts are satisfied with monetary punishment. However, the accused will still have a criminal record if they are found guilty, and this can impact their lives more dramatically than a fine. If you have been accused of or charged with disorderly conduct, it is in your best interest to seek legal counsel to protect your rights and your reputation.

A Basic Guide to Criminal Procedure

The criminal justice system is an integral part of society. The potential of becoming the victim of a crime or accused of a crime is significant. Yet many people are unfamiliar with how the criminal process works. In brief, the criminal process is a series of steps for determining whether a crime was committed, a review of the facts of the crime, a determination of whether to take the case to trial, and the trial itself. The following is an elaboration of these steps:

Criminal Complaint

The filing of a complaint is the initial documentation that alerts law enforcement or the court system of potential criminal activity. The criminal complaint is often initiated by a citizen calling the police to report that a crime has occurred. The officer that arrives to the scene will document pertinent information. This report may later be used by prosecutors and the courts, who may then issue a criminal complaint, charging a person with a specific offense.

The criminal complaint contains facts and probable cause for the charge. A criminal complaint may not be filed if it is determined that there is insufficient evidence to bring charges. Also, it may be that the situation is a civil matter, rather than a criminal matter. Should this be the case, a civil complaint may be made by a civil court.

Preliminary Hearing

After the criminal complaint has been filed, the prosecutor presents the case to a judge. The judge will determine if there is enough evidence to proceed with a trail. If the prosecutor is unable to demonstrate that there is enough evidence to charge a person with a specific crime, the prosecutor could pursue lesser but related charges, if there is enough evidence for a lesser charge.

Arraignment

After the criminal complaint has been issued, an arraignment hearing takes place. It is at this time the person accused of a crime appears in court for a hearing. The judge will read the charges, and the accused, or defendant, will enter a plea of guilt or innocence. A third option is to plead no contest, which means that the defendant does not admit to the charges, nor does the defendant contest the charges. The arraignment needs to be held 72 hours after the defendant has been charged. If the arraignment is not held within this time, the defense has cause to request that the case be dismissed.

Pre-Trial Conference

The pre-trial conference is a meeting between the prosecutor, defense attorney, and the judge to determine how the trail will proceed. It is during this time that the details of the case are presented. The attorneys for both sides will make motions as to what evidence will be allowed and who can testify. This is the stage of the criminal process that determines how the trial will proceed.

The Trial

The trial is the final step of the process where the attorneys for the defense and the state argue their case before a judge or jury. The defense will present evidence to demonstrate the innocence of the defendant, while the prosecutor will present evidence to demonstrate the guilt of the defendant. The prosecution has the burden of doubt, meaning that the prosecutor must prove beyond a reasonable doubt that the defendant is guilty. The defense needs to present evidence that raises doubt as to the defendant’s guilt.

Is Driving Tired Comparable to Driving Drunk?

 As frenzied and demanding as our lives are, it’s no wonder that 30 percent of adults only get 6 hours or less of sleep each night. Unfortunately, that’s just not enough sleep for many people, and the result is exhaustion and fatigue. In an effort to keep up with life’s pace, tired drivers head to work and other activities, creating a danger for themselves and others who are sharing the road. Shockingly, driving while drowsy has been shown to affect our bodies in ways comparable to drunk driving.

Drunk Driving Similarities The National Highway Traffic Safety Administration (NHTSA) estimates that 1 out of every 6 car accidents occurs as a result of a tired driver. The reason for this is that when people are sleep-deprived, our bodies function in a way similar to how they would function if we were intoxicated. After about 18 hours of being awake, our cognitive skills are similar to someone with a blood alcohol content of .05%, and after 24 hours without sleep, we are impaired as if we had a BAC of .10%. Here are a few specific ways in which driving while tired mimics drunk driving behavior:

• Slower reaction time

• Less attentive

• Decreases overall performance and vigilance

• Increases aggressive behavior

• Impedes decision making ability

• Impairs vision

As dangerous as it is to drive while drowsy, it does get worse. Just as some people become so intoxicated that they pass out, other people get so tired behind the wheel that they actually fall asleep.

Falling Asleep at the Wheel According to a study released by the Center for Disease Control (CDC), 1 out of every 25 drivers reported falling asleep at the wheel within the preceding thirty day period. Of course, that number only represents people who are actually aware that this has happened. Those figures don’t include microsleep, which occurs when someone falls asleep for a moment, but isn’t aware of it. The number in that case would likely be much higher. Regardless of how long someone is asleep at the wheel, this can be a deadly scenario that should be avoided altogether.

Preventive Measures The good news is that preventing the danger is simple. Just like someone who has been drinking alcohol avoids an accident by handing their keys to a designated driver, a drowsy driver can, and should, do the same thing. There are other things that can be done to avoid drowsy driving, especially when planning a road trip, or for those who have a long daily commute. Here’s an abbreviated list, courtesy of AAA.

• Travel with others and take turns driving

• Regularly get at least 7 hours of sleep

• Take a break, or change drivers, every two hours or 100 miles

• Avoid eating heavy foods that may make you tired

• Avoid taking medications that cause drowsiness (including “non-drowsy” antihistamines)

• If possible, only drive during the times of day when you are usually awake

Driving while drowsy is attributed to as many as 30,000 injury accidents and 6,000 fatal car accidents a year. So, if you find that you missed your exit off the freeway, are drifting from lane to lane, or blinking and yawning frequently, take a few minutes and pull over. Those are indicators that you may be driving while drowsy. Remember, while you may be driving sober, that doesn’t mean that you’re driving safely.

Should Freeway Speed Limits Be Raised?

Wherever you drive in the United States, you’ll be confronted with a restraint: the speed limit. Speed limits vary from road to road and state to state, but they’re inescapable, deterring you from traveling too fast and promising you a hefty fine if you choose to do so anyway. On rural highways this is rarely an issue, because people generally don’t need to travel faster than the speed limit. On freeways though, these limits can be agonizing.

Not only do speed limits restrain drivers, but they hinder interstate commerce as well, as they drastically limit the speed in which goods can move from point A to point B. Naturally, many people believe that freeway speed limits should be raised, and that the positives would outweigh any drawbacks. Others disagree, arguing that raising the speed limit on some roads would be dangerous.

Below is a look at some reasons why freeway speed limits should be increased, and some reasons why they should not.

Why freeway speed limits should be raised

The biggest argument for raising freeway speeds is to promote interstate commerce. There’s simply no denying that interstate commerce would benefit from a raise in freeway speed limits, which would ultimately help the economy.

Furthermore, respectable people refute the widely believed notion that higher freeway speeds increase collision-based fatalities. It is worth noting that the number of accidents in recent years caused by speeding has declined, despite rising speed limits. This would support the notion that increased speed limits are not much, if any, more dangerous than current ones.

Part of this is because, when speed limits are raised — such as the freeway in Texas that now has an 85MPH limit — the roads are usually rebuilt or designed specifically to handle the demands of automobiles traveling at higher speeds, making them that much safer.

Why freeway speed limits should not be raised

For all the people who believe that increased freeway speeds do not result in more traffic fatalities, there are even more people who believe that they do. It’s pretty straightforward: at high speeds, drivers have less control of their cars, less reaction time, and collisions have a higher impact. That is a bad recipe for safety, and there’s no denying that a high speed zone is dangerous for young and inexperienced drivers.

Furthermore, the higher the speed limit, the more important road maintenance is. Potholes or other road imperfections can be disastrous to vehicles traveling at a high speed. In many places, road maintenance is spotty at best, suggesting that many of the nation’s freeways could become dangerous if they had higher speed limits.

Finally, part of why high-speed freeways like the one in Texas work, is because there are low speed alternatives for drivers who are uncomfortable with driving that fast. Everyone on Texas’ 85MPH freeway feels comfortable driving at 85-95MPH. If all freeways raised their speed limits, that would no longer be the case, as those uncomfortable at that speed would not have a lower speed freeway option.

It seems that speed limits are destined to rise, because as one state raises theirs, others will follow. Whether or not that’s a good thing remains up for debate.

Think Twice Before Kidnapping Your Own Child

A divorce can lead to several headaches and heartaches, but these terrible times can be magnified when there is a child involved. Divorce often leads to extended ugly custody battles that are definitely not healthy for the child involved. It is important for both parents to follow a court’s orders when it comes to custodial arrangements, but there are times when kidnapping charges can be brought against a parent, even if they don’t realize they’ve done anything wrong. Unfortunately, there are several things that parents could do with their children when they were married that they may be unable to do after or during a divorce.

State Issues

There was one point in time that if a parent was being mistreated in a court in the home state of a former spouse, they could attempt to take their child to another state, where they may achieve a more favorable custody outcome. Those days, however, have come and gone. Even if one parent is treated unfairly, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) prevents them from transporting their child to another state and achieving a more positive child custody result. This act was passed by the National Conference of Commissioners on Uniform State Laws back in 1997. Massachusetts and Puerto Rico are the only states or territories that have not adopted the act. Every other state and territory has agreed to recognize the validity of every other state’s child custody orders.

Kidnapping Your Own Child

Although it sounds ridiculous, taking your own child against a court order will likely be considered kidnapping. If you are captured after doing this, you will need a criminal lawyer as opposed to a family lawyer. The UCCJEA has effectively made it a felony for a person to take their child against court orders. It also prevents that parent from getting a custody order outside of the home state of the child, so any parent who attempts this will be on the run from the law. Once captured, the parent can face a slew of charges, depending on their home state. Florida for instance has made it a third-degree felony for any person to interfere with the custodial rights of another by kidnapping their own child. Even with the precursor “third-degree”, the charge is still quite serious and can bring serious jail time.

Lawyers, Penalties and Defenses

According to a criminal lawyer,  kidnapping your own child is considered a third-degree felony. These felonies can bring with them a five year stint in prison if the parent is convicted. This penalty can be increased if the parent is a habitual offender, and it will take a good attorney to defend them against these serious charges. There are actually legitimate defenses to kidnapping charges.

Kidnapping is a serious offense, and unfortunately, a parent can be charged with the kidnapping of their own child. In these situations, it is imperative that you find a criminal defense lawyer to show why the action may have been necessary. Even if you didn’t take your child under one of the aforementioned defenses, a lawyer will ensure the best outcome for your case. Divorces lead to unprecedented hard feelings, and unfortunately, throwing children in the mix can open an entire new world of difficulties for a parent.

The Most Common Strategies in DUI Defense

 If you believe it is impossible to fight a DUI charge you are mistaken. There are several variables that make a DUI case something that needs to be reviewed by a good attorney. With the right DUI defense, an attorney will be able to reduce your sentence, fine, or possibly have the case thrown out. An attorney will discuss different defenses and will focus on creating the best strategy for your particular case.

DUI Testing

When you are pulled over, the police officer will ask you to do a DUI test. Some people refuse to take the test, which normally causes them to be arrested. Others will take the test only to have the results show they were legally intoxicated. If you refused to take the test the attorney can work on turning your situation around. They can create a defense that helps you to keep your license and explains the reasons why you did not take the test. Another thing the attorney will do is challenge the results of the field sobriety test. Can they prove the police officer did not have probable cause to stop you? If you underwent blood alcohol testing there is a good chance the attorney can show why the results were flawed. Did the police officer perform the test correctly? The equipment used for blood alcohol testing is complicated and must be performed correctly to provide an accurate reading. This leaves a lot of room for an attorney to challenge the results of the DUI test.

Property Damage

A lot of people plead guilty to a DUI if they have damaged property in some way. Even though the evidence against you can be difficult to challenge, a good attorney knows how to take appropriate action to have the charges reduced. The attorney will examine all the evidence and will look for loopholes in the evidence to reduce the charges to less than a DUI, or even dismiss the charges. Results of the DUI test will be taken into consideration as the attorney looks at what methods they can use to fight the DUI correctly. It is imperative that you do your research on the attorney to find one that consistently gets DUI charges reduced or thrown out in cases that are similar to yours. This proves that they have the right experience and strategies that actually work in the courtroom.

Understanding DUI Penalties

Never plead guilty to a DUI without discussing the outcome with your attorney. A person facing a DUI charge can face a series of penalties, harsh driving punishments, and time in prison. It is important to beat the charges quickly since the attorney fees are costly and will continue to add up as long as your case is pending. There are multiple things that will play into the decision of a DUI charge. Have you been arrested for drunk driving in the past? Is this your first DUI charge? How high was your BAC? Was there any harm caused to property or other individuals as a result of the incident? Your attorney may not be able to get the charge thrown out, but he/she can work out arrangements to have you undergo treatment for alcohol abuse, opt for community service time, or other suspensions instead of having you serve time in prison.

Law Office of Betty Blackwell - Criminal Defense Attorney Austin TX

A lawyer with experience ...

As a lifelong resident of Austin, Texas, Betty has dedicated her entire legal career to defending the rights of fellow members of my community who have been accused of crimes. She limits her legal practice to criminal law, in which she is Board Certified.

As a devoted member of the legal profession, Betty is the past President of the Criminal Law Section of the State Bar of Texas. In 2000, she became the first woman President of the Texas Criminal Defense Lawyers Association. She has been appointed by two past Texas Governors to draft Texas state statutes, and is the co-author of Texas Practice, Criminal Forms & Trial Manual.

As a Texas trial attorney, her experience has taught her the importance of being able to represent clients in front of a jury, if need be. When you contact Betty, you can be assured that she will fight for your rights.

At other Austin criminal defense firms, you might hire a criminal defense attorney and never see him or her again. Rest assured that if you hire the Law Office of Betty Blackwell, Betty will handle your case, Betty will communicate with you about your case, and Betty will stand next to you in court.

The initial consultation is free, so you have absolutely nothing to lose. Contact the office of Betty Blackwell, Attorney at Law located in Austin, Texas for qualified defense against your DWI, domestic violence, or other criminal charge. She has served residents of Austin for over 30 years. Let her bring her experience and expertise as a criminal defense lawyer to your case today.

BETTY IN THE NEWS

Open Government Aids Defendants Too
Betty Blackwell honored with Warren Burnett Award
TCDLA Hall of Fame Induction, To honor Betty Blackwell

EDUCATION

B.A., Summa Cum Laude from Texas A&M University

J.D. with Honors, The University of Texas Law School

Board Certified in Criminal Law, Texas Board of Legal Specialization

PROFESSIONAL ACTIVITIES

Appointed by State Bar President to Commission on Lawyer Discipline, 2005-2008

Chairman of the Criminal Justice Section of the State Bar of Texas, 2001

President of the Texas Criminal Defense Lawyers Association, 2001-2002

Governor’s Appointee to rewrite the Code of Criminal Procedure, 1996

Governor's Appointee to the Texas Punishment Standards Commission to rewrite the Penal Code, 1994

Past Chairman of the Criminal Law & Procedure Section of the Travis County Bar

Past President and Founding Member of the Austin Criminal Defense Lawyers Association

Penal Code Committee of the State Bar of Texas

Legislative Chairman for the Texas Criminal Defense Lawyers Association, 1991

Voted Best Criminal Lawyer in Austin by the Austin Chronicle, 1994

Voted Best Trial Lawyer in Austin by the Travis County Women Lawyers' Association, 1992

Committee for Indigent Representations in Criminal Matters for the State Bar of Texas

TCDLA Presidential Award of Merit, 1990, 1992, 1993, 1994

Ambassador Award, Austin Criminal Defense Lawyers Association, 1994

Super Lawyer by Texas Monthly and Texas Lawyer, 2003, 2004, 2005, 2007, 2008

LAW RELATED PUBLICATIONS

Co-author with Judge Tom Blackwell and Judge Michael McCormick, Texas Practice Volume 7, 7A and 8, West Publishing Co.

Author/speaker for the State Bar of Texas Advanced Criminal Law

Author/speaker for Texas Criminal Defense Lawyers Association, Advanced Criminal Law Seminar, Legislative Update - 1993, 1994, 1996, 1997, 1998, 2001

Former Adjunct Professor of Law, University of Texas, Criminal Defense Clinic, 1992

The Pros And Cons Of Finding Attorney Services Online

Getting the best attorney services is sometimes a dilemma to us. Where will we look for the best attorney services? Will we be able to get the best one around? Can we afford to hire the best? These are just few of the questions that haunt us every time getting attorney services came up. And the worst thing is that, if we don't know whether we can trust an attorney or not. What we can do is to arm ourselves with the right information about attorney services and were good to go.

Now, finding a reliable attorney services can be daunting. You need to make several trips to the business districts to visit several attorneys offices so you can compare on their offers. But, if you are not into making such trips and want a more convenient way of getting attorney services, the World Wide Web is where you should be. Yes, you can find just about anything on the Internet. And finding attorney services online is just among the things that you can do using this technology.

However, you have to be aware of the consequences of getting attorney services through the web. The following are some things which you can consider before deciding to go online for attorney services;

 

The Benefits of Attorney Services Online

 

-With online attorney services you'd be able to get legal services at the convenience of your home

-You can initiate the transaction anywhere and anytime you want

-You don't have to wear preppy and formal clothes for meeting with your attorney

-On the web, you can find as many legal directories as you can in just a few clicks; making you able to compare many services within minutes

-You are not compelled to hire the attorney right away unlike when you're meeting with them personally. You tend to feel that you are obligated to hire him/her since you've already meet him/her in person.

-The Downside of Attorney Services Online

-The chances of dealing with fraud attorneys are high

-The risks of hiring unreliable attorney services are greater than when you know the firm personally

-You are faced with thousands of choices; hence, you tend to get confused on which attorney services to choose.

-You cannot see whether the attorney is sincere on helping you or not

There you go; the pros and cons of getting attorney services online. But you know what; you may not experience the cons of this and still get the best services that you need. How? Just by being wise in the way you choose.

No matter where you opt to hire attorney services, the best thing to do s you could get the best one, is to ask for referral. Yes. Ask your friends or relatives whether they know of attorney services firm that is reliable and can give you the kind of services that you need. They may have worked previously on some attorneys with good records and refer them to you.

Another thing that you need to consider before hiring an attorney, whether online or not is to meet with him or her before finalizing the deal. This way, you can decide whether the attorney services he or she offered will suit your needs. Lastly, you need to hire attorneys that are experts on the case that you need legal services for. Like, if you need to settle a divorce case, you have to hire someone who is knowledgeable about divorce and can guarantee you the best services that he or she can offer.

How To Choose A Lawyer?

Choosing a lawyer can be a tough decision. The most important part of the decision is what type of attorney you will require. If you are going to court for a possession charge, you need a Criminal Defense Lawyer. If you are going for a divorce, naturally you want a divorce lawyer. Choosing specialized representation is always a good idea because the person you choose as your attorney will have a vast wealth of knowledge on that particular subject, instead of a small amount of experience in many different fields.

You don't need your personal injury lawyer to know anything about divorce law right? So where do you find a reliable lawyer? The most convenient way it to look online. There are a few reliable web sites out there for finding an attorney in your city or state. Generally you want to search based on the type of representation you require, followed by your state or closest major city.

What are you looking for in a lawyer? Well you definitely want him to be an honest, warm person. Don't waste your time with people who seem like your not worth theirs. You also want someone with experience. Inquire about experience : how long he/she has been practicing, what school they graduated from, etc. Most attorneys will happily show you their credentials. If they hesitate, they likely don't have many credentials and you might want to stay clear of that particular person.

Overall, when looking for the right attorney you just gotta use your judgement. The same rules apply to choosing a family doctor or a psychologist; you want to feel comfortable that you are being taken care of. Never be afraid to ask questions, and most importantly keep yourself involved in your case. If you are filing for bankruptcy, read up about the laws and exemptions of your particular state.

Betty Blackwell

EDUCATION

• B.A., Summa Cum Laude from Texas A&M University
• J.D. with Honors, The University of Texas Law School
• Board Certified in Criminal Law, Texas Board of Legal Specialization

PROFESSIONAL ACTIVITIES

• Appointed by State Bar President to Commission on Lawyer Discipline, 2005-2008
• Chairman of the Criminal Justice Section of the State Bar of Texas, 2001
• President of the Texas Criminal Defense Lawyers Association, 2001-2002
• Governor’s Appointee to rewrite the Code of Criminal Procedure, 1996
• Governor's Appointee to the Texas Punishment Standards Commission to rewrite the Penal Code, 1994
• Past Chairman of the Criminal Law & Procedure Section of the Travis County Bar
• Past President and Founding Member of the Austin Criminal Defense Lawyers Association
• Penal Code Committee of the State Bar of Texas
• Legislative Chairman for the Texas Criminal Defense Lawyers Association, 1991
• Voted Best Criminal Lawyer in Austin by the Austin Chronicle, 1994
• Voted Best Trial Lawyer in Austin by the Travis County Women Lawyers' Association, 1992
• Committee for Indigent Representations in Criminal Matters for the State Bar of Texas
• TCDLA Presidential Award of Merit, 1990, 1992, 1993, 1994
• Ambassador Award, Austin Criminal Defense Lawyers Association, 1994
• Super Lawyer by Texas Monthly and Texas Lawyer, 2003, 2004, 2005, 2007, 2008

LAW RELATED PUBLICATIONS

• Co-author with Judge Tom Blackwell and Judge Michael McCormick, Texas Practice Volume 7, 7A and 8, West Publishing Co.
• Author/speaker for the State Bar of Texas Advanced Criminal Law
• Author/speaker for Texas Criminal Defense Lawyers Association, Advanced Criminal Law Seminar, Legislative Update - 1993, 1994, 1996, 1997, 1998, 2001
• Former Adjunct Professor of Law, University of Texas, Criminal Defense Clinic, 1992

CONTACT US

If you have been arrested for drunk driving or Domestic Violence in Austin, Texas, you need a qualified Travis County Trial Lawyer able to bring years of experience to your case.

At the Austin, Texas Law Office of Betty Blackwell, anyone who has been charged with a criminal offense in Travis County can contact Betty to discuss your rights. Betty has been defending persons arrested in Austin for over 30 years, and is dedicated to helping you work through your case in an efficient, cost-effective manner.

There's no time to waste. For more information, please e-mail or call Betty Blackwell . She offers free initial consultations and flexible payment plans.

NOTE: The use of the Internet for communications with the firm will not establish an attorney-client relationship, and messages containing confidential or time-sensitive information should not be sent.

GENERAL PRACTICE

At the Austin, Texas office of Betty Blackwell, Attorney at Law, you will find a skilled Texas trial lawyer capable of handling your drunk driving or DWI/DUI, driver's license suspension, family violence, or other criminal charge.

For over 30 years, Betty has served residents of Austin, defending them against criminal charges. Betty is Board Certified in Criminal Law by the Texas Board of Legal Specialization and 100% of her work is in criminal defense.

As a Texas trial attorney, Betty's experience has taught her the importance of being able to represent clients in front of a jury, if need be. She has handled thousands of DWI cases and represented clients in numerous jury trials. When you contact Betty, you can be assured that she will fight for your rights and the best possible result whether or not you decide to go to trial.

When you hire an attorney, make sure that the Lawyer you hire will be the same lawyer standing next to you in court.

Our initial consultations are free, so you have absolutely nothing to lose. Contact the Law Office of Betty Blackwell in Austin, Texas for aggressive, qualified defense against your DWI, family violence, or other criminal charge. Let Betty bring her experience as a Board Certified Criminal Defense Lawyer to your case today.

FAMILY VIOLENCE CONSEQUENCES

What happens if you're convicted of a Family Violence Assault?

Family violence convictions carry very serious punishments. Penalties include up to one year in the county jail or two years probation, and family violence findings on your record.

Under Federal law, those persons convicted of a criminal offense involving family violence cannot purchase or possess a firearm for the rest of their lives. (Texas law prohibits the possession of a firearm within five years of a family violence conviction.) Even if you successfully complete probation for family violence, you still have a conviction on your record for the rest of your life.

Employers have the absolute right to refuse to hire someone who is arrested or has a conviction for an assault. Employers have the right to terminate you from your job if you are arrested or convicted of a family violence assault. An assault can also affect where you can live. Landlords can refuse to rent to someone who has an assault on their record.

You should contact an Experienced Trial Lawyer who understands the complexities of this system. Let me bring my over 30 years of experience as a criminal defense lawyer to your case today.

Call the Law Office of Betty Blackwell in Austin, Texas for aggressive, qualified defense against your criminal charge. Call to schedule your free consultation with a Board Certified Criminal Lawyer.

FAMILY VIOLENCE

Many people do not fully understand the seriousness of a Texas domestic or family violence crime until it's much too late. Texas Family Violence is defined as the reckless infliction of pain on a family or household member, which can simply involve two people who live together or are dating. The charges are filed by the police department, not by the abused person. In fact, the victim has no control over the charges at all. The victim of a family violence charge does not decide what happens with the case and cannot "drop" the charges. Only the prosecutor can decide not to proceed with the case.

Simply based on the arrest, an emergency protective order (EPO) can be put into effect, which usually requires that you stay a certain distance from the alleged victim at all times. The EPO remains effective for 60 days for a misdemeanor assault and 90 days for a felony assault, prohibiting you from returning to your home if you live with the alleged victim. Matters can be further complicated if you work together or have children together. The victim can also apply for a protective order (PO), which can be granted for a period of up to two years.

These severe punishments are imposed even before a conviction, which is why it's so important that you contact the Law Office of Betty Blackwell in Austin, Texas. Your case will be assigned to County Court of Law #4, which has been designated as the Travis County domestic abuse court. As a skilled trial lawyer who is Board Certified in Criminal Law, Betty Blackwell has an extensive history with this court and can advise you about the best way to handle your family violence charge.

DWI DEFENSE

In the State of Texas, it is illegal to operate a motor vehicle in a public place while intoxicated. "Intoxicated" means not having the normal use of your mental or physical faculties due to the introduction of alcohol, illegal drugs, prescription drugs, or any other substance into the body OR having a blood alcohol concentration of 0.08 or higher. "Driving" under Texas laws means operating a motor vehicle. This means that a police officer can arrest and charge you with DWI even if the car is not moving.

Texas has very serious consequences for driving while intoxicated (DWI) charges, even if it's your first offense. You face an automatic driver's license suspension 40 days after your arrest if you fail to request an administrative license revocation (ALR) hearing within 15 days of the arrest. As an experienced Austin, Texas DWI Lawyer, Betty is dedicated to making certain that each and every person who's charged with a DWI knows exactly what types of consequences they face, and she will defend their rights before a jury if need be.

As of September 1st, 2005, Texas DWI laws became even more severe. To see how this may affect you and your DWI/DUI charges, contact the Law Office of Betty Blackwell today. Don't be left to defend yourself against your serious DWI charge alone or with a defense lawyer who doesn't know Texas DWI law. Don't jeopardize your driver's license by waiting too long to request a hearing.

Betty Blackwell is an experienced trial lawyer with over 30 years defending people charged with crimes. She is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Betty can help you!

ABOUT BETTY BLACKWELL

A Lawyer with experience ...

As a lifelong resident of Austin, Texas, Betty has dedicated her entire legal career to defending the rights of fellow members of my community who have been accused of crimes. She limits her legal practice to Criminal Law, in which she is Board Certified.

As a devoted member of the legal profession, Betty is the past President of the Criminal Law Section of the State Bar of Texas. In 2000, she became the first woman President of the Texas Criminal Defense Lawyers Association. She has been appointed by two past Texas Governors to draft Texas state statutes, and is the co-author of Texas Practice, Criminal Forms & Trial Manual.

As a Texas trial attorney, her experience has taught her the importance of being able to represent clients in front of a jury, if need be. When you contact Betty, you can be assured that she will fight for your rights.

At other Austin criminal defense firms, you might hire a criminal defense attorney and never see him or her again. Rest assured that if you hire the Law Office of Betty Blackwell, Betty will handle your case, Betty will communicate with you about your case, and Betty will stand next to you in court.

The initial consultation is free, so you have absolutely nothing to lose. Contact the office of Betty Blackwell, Attorney at Law located in Austin, Texas for qualified defense against your DWI, domestic violence, or other criminal charge. She has served residents of Austin for over 30 years. Let her bring her experience and expertise as a Criminal Defense Lawyer to your case today.

AUSTIN CRIMINAL DEFENSE ATTORNEY | LAW OFFICE OF BETTY BLACKWELL

The Law Office of Betty Blackwell: Excellence. Intelligence. Courage. Your Defense Attorney in Austin.

Austin Criminal Defense Lawyer Betty Blackwell has the background and experience as a criminal lawyer in Austin who to provide aggressive defense to those facing criminal charges. The Law Office of Betty Blackwell operates from a bedrock philosophy that everyone who is accused of a crime deserves a criminal attorney who can provide the best possible defense and ensure fairness during all proceedings. Specializing in providing domestic violence, DUI, and DWI defense in Travis County, The Law Office of Betty Blackwell can provide you with intelligent, aggressive defense if you have been charged with a criminal offense in the Austin area.

TRAVIS COUNTY DWI OR DUI LAWYER

As a lifelong resident of Austin and a DUI Attorney with years of experience within the Travis County judicial system, Austin DWI Lawyer Betty Blackwell is the one to depend on if you are charged with DWI or DUI. When you retain the services of the Law Office of Betty Blackwell, you are getting an Austin DUI Lawyer who will do everything necessary to aid you in trying to avoid exorbitant financial penalties or the loss of your driver’s license. There are certain circumstances when your DWI defense attorney may also be able to get the charges against you dropped or reduced to a lesser charge. With so much at risk, the smart solution is to work with an Austin defense attorney like Betty Blackwell who has had extensive success in handling cases very similar to yours.

DON’T LOSE YOUR LICENSE DUE TO A DUI/DWI ARREST

If you are charged with DWI, you face automatic suspension of your license unless you request a hearing to contest the suspension. Work with Austin DWI attorney Betty Blackwell to prevent the suspension of your license. In addition, DUI defense lawyer Betty Blackwell can thoroughly investigate the circumstances surrounding your case and will seek to have the charges against you dropped if there is questionable evidence or not enough evidence to guarantee that the prosecution will get an easy conviction. Don’t leave it to chance; get the sound legal counsel and representation that you need from the Law Office of Betty Blackwell if you are facing any sort of drunk driving charge in the Austin area.

AUSTIN DOMESTIC VIOLENCE ATTORNEY

When you are faced with a charge of domestic violence in Travis County, it is essential that you have a family violence attorney in the Austin area that can explain your rights to you and work to protect and uphold them. Austin domestic violence lawyer Betty Blackwell has extensive experience and expertise in the defense of domestic violence cases, and she will work assiduously to ensure the most favorable outcome possible in your case. A domestic violence charge is a serious accusation that can totally disrupt not only your life, but the lives of many around you. It can also have a negative impact well into the future. The risks of a conviction are severe, but a conviction becomes quite possible if you do not have an assertive family violence lawyer at your side who knows how to defend you against false charges of abuse. When you need intelligent and courageous legal representation on a domestic violence charge, you need the Law Office of Betty Blackwell.

GET THE CRIMINAL DEFENSE YOU NEED TODAY BY CALLING THE LAW OFFICE OF BETTY BLACKWELL

When you need an experienced and knowledgeable defense lawyer who is Board certified in the practice of criminal law, especially with cases involving DWI/DUI or domestic violence, contact the Austin Law Office of Betty Blackwell. With over 30 years of experience, Austin criminal lawyer Betty Blackwell will bring extensive experience and expertise to your criminal case and will work tirelessly to get you the most favorable outcome possible.

Your initial consultation is free, and convenient payment plans are available to help you afford the top-rate, intelligent, and excellent representation you need.

We offer Lawyer Services such as:

• DWI Lawyer
• Criminal Defense Attorney
• DUI Attorney
• Family Attorney
• Criminal Lawyer

Visit our Austin Law Office.

We specialize in criminal deffense, Domestic Violence Attorney & Family Violence Attorney.