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Legal Information in a Background Check

Thursday, September 28th, 2017

Background Checks. Although the word may seem scary, this is not something to be feared. In fact, it’s a normal part of life, and at some point everybody will have a background check done on them. There are a multitude of reasons why a background check could be done reasons varying from a new job, before moving into a new apartment or condominium and more. And although you have no control what appears on the background check report (your history is your past, and there’s very little you can do to change the past), you do have the right to protect your privacy by knowing what is legal and what is not legal information on a background check report.

A background check usually contains a lot of different information. Most of the information is compliant with the Fair Credit Reporting Act (FCRA) but sometimes you may find information that seems either out of place or unnecessary. There are people that legally can have all the information, for example, any jobs involving the government, FBI or police. In those cases, the government is allowed to know all information because it is in regards to national safety. In all other cases where the government is not involved, access to that information is denied. An important step to ensuring your privacy is by asking what information is requested on the background check. If the employer or renter (or whomever) gives an unclear answer or disregards the question all together, have them write down exactly what information they are looking for. That way, if something on the background check shows up that was not originally communicated; you are able to take the appropriate steps to clear things up.

Every company has different policies on what information they need. The general standard check can include any or all of the following; felony and misdemeanor arrest and conviction charges, education and professional license verifications, employment checks, social security verifications, sexual offender checks, motor vehicle reports, federal criminal checks, reference checks, civil litigation, OIG database, federal bankruptcy and many others. There is also an industry standard to how long this information can be used for hire. The FCRA also states that a company can go back seven years for hire. Any older information is declared illegal and must be discarded.

If by some off chance you do end up finding information there are steps you can take. The best step is to have a conversation with the other party, and for the most part, any problem that you may have can be solved easily. Furthermore, if the problem still hasn’t been solved, try consulting a lawyer. If the information provided is old and past the seven year scope, there is legal action that can be taken.

When a company or person requires a background check it is important to know your rights regarding your privacy. If you suspect that there is illegal information on your background check report, there actions you can take so that you are protected.

What Does a DUI Lawyer Cost in Washington, DC

Wednesday, September 27th, 2017

Most lawyers do not put their legal fees online. The reason they don’t is because generally each case is different and there may be a fluctuation in prices between clients. However, you should have a starting point for DUI lawyers cost in Washington, DC. DUI lawyer cost is primarily driven by experience of the lawyer and the amount of training the lawyer has had in DUI law. The are some other reasons cost may fluctuate between lawyers such as the overhead of the lawyer.

Training/Associations

When I speak of training I am not referring to law school. All lawyers have to pass the bar and so I am not talking about the bar. DUI law is an area of law that requires additional training beyond law school and taking the bar. Continuing legal education of the lawyer is important because the laws change and the DUI lawyer needs to be aware of the changes. For example, DUI lawyers should be trained or “qualified” by National Highway Safety Administration Standardized Field Sobriety Course. This course is usually 25-40 hours of in class instruction. It’s the same class police officers need to take to give citizens the Standardized field sobriety test on the streets. Another example, DUI lawyers may take to advance their knowledge is going to the annual National training in Las Vegas once a year put on by the National Association Criminal Defense Lawyers and National College for DUI Defense. Here some of the best DUI lawyers in the country share their knowledge with other DUI lawyers. Generally, the more training your lawyer has the more you will pay.

Experience

Experience can only come through time. Yes aging sucks, but through age comes wisdom. Just like it takes a young doctor years before he can be polished and experienced in his field – the same applies to lawyers. It is hard for a lawyer to come out of law school and start trying DUI cases because there is a level of complexity to them. As you may know there are a lot of lawyers in the Country. Just because the lawyer has a license to practice in the Courts does not mean he or she has the experience to handle every type of case. Generally, the more experience your lawyer has the more you will pay.

Office and Overhead

This is the area you will never hear the lawyer talk about with the client. However, the truth is the client pays the overhead cost of the DUI lawyer. The lawyer can do work cheaper and faster if he or she is using technology to shift cost. For example, a lawyer should provide documents to his or her client; however, sending through the mail is slow and cost more. Using the internet and a closed portal system the lawyer can communicate with the client, provide dates, share documents, and communicate with the client more effectively and save money. If your lawyer is still using paper and mailing documents he is costing you more money. Times have changed and DUI lawyers need to be more efficient with their productivity. The other part of the lawyer’s overhead is office space. This is where the cost of the 2 equally lawyers differentiate. If the lawyer has to pay for marble floors and expensive staff then he shifts the cost to you. We understand some clients feel as though if he has beautiful marble floors and beautiful paintings on the wall then he must be good. This is not necessary true. Remember, this is your dollars at work. Without question, the more your lawyer pays for his overhead, the more you will pay for his service.

So what should you pay for a good DUI lawyer in DC

Like most urban court houses, the dockets are crowded and so a lawyer spends more time waiting for cases to be called which is why the cost of a DUI in DC cost more than say in a rural courthouse. In the District of Columbia there is a bare minimum of 2 court appearances for DUI cases. Below are estimates for typical cost of a DUI lawyer in DC.

1st Offenses

The cost for a DUI lawyer for a non-jury trial first offense cost is usually between $2000.00 to $3000.00 dollars. If you pay a DUI lawyer less than $1000.00 you are probably getting what is referred to as a “dump truck” lawyer. He just pleads you out at the first opportunity. Remember, a lawyer has a duty to investigate, consult and prepare the case regardless of whether the case goes to trial. Trials generally take a day or less but can be spread out based on the Court’s schedule.

2nd Offenses, 3rd offense cost

Jury Trial for a DUI in the District of Columbia is minimum of $4000.00 -$6000.00 dollars, depending on the facts. Jury trials usually take one or 2 days, not including waiting for verdict.

Be wary of any lawyer who gives guarantees. In fact, there are no guarantees. The only guarantee a lawyer should give you if you are charged with a DUI – is that he zealously advocates within the bounds of the law.

Remember if an expert is used at trial, the cost could be higher because the client is usually responsible for all expert fees. This also does not include representation before DMV. Representation before DMV is usually a “stay of the proceeding” until the outcome of DC Superior Court proceedings. The typical cost for DMV representation is $300.00 to $500.00 dollars.

The Credentials of Any Good San Diego Criminal Defense Lawyer

Monday, September 25th, 2017

The hallmark credentials that you want to see when hiring a San Diego criminal defense lawyer on a serious felony charge are pretty much the same for a criminal defense lawyer anywhere. When you are charged with a serious felony in a state court system where your exposure is many years in prison you don’t want someone “practicing” or dabbling on your matter. You want a consummate talented and respected professional that regularly handles the type of criminal charge that you are charged with.

The bottom line is that you want a lawyer with a winning reputation. The profile that makes up that type of lawyer consists of a number of characteristics. You want a lawyer that is well educated. While the law school a lawyer went to isn’t necessarily the characteristic that makes the difference, the better law schools produce lawyers who understand the theory of the law better which makes them better able to make arguments that persuade judges.

You also want a lawyer who has a good presence and who is respected in the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A good lawyer who is respected in his community will be respected anywhere he or she goes to handle a case. The prosecutors and the judges get the picture quickly by the way the lawyer handles themselves.

You want a lawyer who has been practicing many years if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined experience means that they will be able to analyze your case quicker and with more accuracy than a lesser experienced lawyer. Years of experience means they know all the moves and how to implement them effectively at the right moment.

Make sure your lawyer has successfully handled many cases of the type of charge you have. If you are charged with murder, for instance, you want a lawyer who has handled and tried several murder cases. A top gun lawyer should be able to cite several examples of jury trial results and favorable settlements in the type of case you have. There is no reason not to hire a lawyer with a long record of winning. Every lawyer has won a case or two. You want the lawyer with a long list of successful results.

In every major community in this country competent skilled professionals exist who are capable of getting you the best results. A little work trying to find one will be worth the effort. If you throw your money away on someone who isn’t up to the task you won’t find out until it is too late. You can always change lawyers but you may have spent all of your resources. Major Tip: Don’t ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: “Who are the five or ten best San Diego criminal defense lawyers to handle a serious state court felony trial case?” You will likely get a list of great lawyers. The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.