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Broden Articles

 

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Recently in the media there have been numerous stories about the exoneration of inmates from the Texas prison system. Texas has had more exonerations than any other state and Dallas more exonerations than any other city. Most of these exonerations have come about as a result of the noble efforts of the Texas Innocence Project. This nonprofit organization has sought cases in which an inmate's credible claims of innocence could be corroborated by DNA testing that was not available at the time of the offense.

The Supreme Court heard arguments with respect to execution by lethal injection constitutes cruel and unusual punishment. Lethal injection has become the standard method of execution in the United States, Nevada being the only exception by relying on the electric chair. Almost all jurisdictions which employ lethal injection rely on a "three drug cocktail." First a drug is administered that renders the condemned prisoner unconscious; second, a drug is administered that paralyzes the prisoner; and third, road salt is injected into the blood stream to stop the heart.

The most common justification I hear for the death penalty is that it deters crime. When I consider the hundreds of death penalty cases with which I am familiar, and the dozen or so which I have worked on personally, I am always puzzled by this position. I ask myself, "Have the people that advocate this proposition taken a close look at death penalty defendants?"

In almost every criminal case a defendant will be offered a “plea bargain” and, indeed, most criminal cases ultimately do not go to trial. Whether to accept a plea bargain offer depends upon a variety of factors and is almost always dependent upon the facts of the individual case. Nevertheless, generally the two most important considerations in determining whether to accept a plea bargain offer is making sure you understand ALL the consequences of any plea bargain and making sure you have confidence that your lawyer is acting ONLY with your best interest in mind.

Sometimes, to avoid overwhelming the potential client, the attorney may suggest that the client pay a single flat fee that will encompass all expenses. Article advises advise that fee agreements list that expenses for expert witnesses and investigators be kept separate from the attorney's fee.

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An interesting study was reported in the New York Times discussing the difference between being represented by a public defender as opposed to being represented by a retained attorney in a criminal case. The study was conducted by two economists for Emory University. The study concluded that in serious cases “the average sentence for clients of public defenders was almost THREE YEARS longer than the average for clients of private attorneys.”

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

When a potential client calls our firm and tells us that they are charged with a criminal offense, one the first things we generally ask them is whether they are charged in state or federal court. There have been several instances where we have represented two individuals at the same time who are charged with similar offenses but one has been charged in federal court and one has been charged in state court.

 
 
 

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