Federal Lawyer

When it comes to testimony in a jury trial, trust, professionalism and experience all play into the mix. The jury is hearing statements from two sides, each with it own position and goals. Perhaps one of the most trusted witnesses to take the stand in such a proceeding is a licensed physician. To most laypeople, just the credential alone carries a lot of steam, and for most physicians who’ve studied for several years to reach the level they’re at, knowledge is power. The testimony of a physician can potentially change the outcome of the trial. Physicians as expert witnesses are used in a variety of court proceedings, though mostly in jury trials, where it is their job to impart their knowledge onto the jury who will carry out justice in the end.

It is the physician’s job to describe to the jury, or other parties, exactly what kind of injuries have been imparted on the purported victim. Though this is not always the case, as the alleged suspect can hire his/her own physician to serve as an expert witness. While testifying the physician uses props such as diagrams and x-rays to show his or her conclusions.

An example where physicians were used as expert witnesses is the manslaughter trial of millionaire rancher Rodney John Sency. Sency, who owned a mountain ranch, was accused of manslaughter after he killed one of his workers with a sledgehammer. His attorney argued self-defense, because the victim had come at him with a knife after Sency fired from his position as ranch hand. But during the trial, which Sency was eventually acquitted of, both sides called to the stand physicians as expert witnesses to detail the injuries of the victim. The physicians each offered theories as to how many times Sency struck the victim and how hard he delivered the blows. The testimony of both physicians clashed somewhat, and in the end it was up to the jury to decide who to believe.

Physicians hired as expert witnesses generally charge steep rates to attorneys who hire them. Some physicians can command hourly rates as high as $3,000, though the general rate is around $500. With such figures, it’s not hard to understand why many physicians leave their practices or other positions to work in this field as a freelancer.

When it comes to hiring physicians as experts, there are websites attorneys can start with that list the experts by specialty. Physicians not only specialize in general medical injuries and other related litigation, but also work for insurance companies and other agencies filing claims in civil and federal court. When so much money is on the line for such parties, they will have no problem paying top dollar for the best physician experts.

The most notable cases for these experts are the ones where no hard evidence exists. For instance, an x-ray will show a broken leg, but some injuries, such as nerve injuries, require a more objective reading. These are classic cases where experts offer up their medical opinion.

Originally published here.

Federal criminal law features sentencing guidelines.  These guidelines have been drafted by the United States Sentencing Commission.  These guidelines are not mandatory, and a federal district judge has the authority to depart upward or downward from the guidelines upon appropriate findings.

However, the guidelines are the most important tool courts and lawyers have in determining the ultimate sentence for someone convicted of a federal crime.

The guidelines first determine the base offense level. There are 43 base offense lives, the higher the level, the more serious the crime.  

Second, the guidelines provide for a large number of “specific offense characteristics.”  These are characteristics that are associated with the crime that can either increase, or decrease the base offense level. For instance, if a robbery included the display of a firearm, there may be a 5 level increase from the initial base offense level of 20, making the offense level 25.

Third, the guidelines provide for adjustments, which again can either increase or decrease the offense level.  For instance, if the person was a minimal participant, the offense level can be decreased by 4 levels.

Fourth, the sentencing guidelines provide for Multiple Count Adjustments.  The most serious offense serves as a starting point, and if there are multiple counts, the other counts help determine whether and by how much the offense level will be increased.

Fifth, the sentencing guidelines provide for Acceptance of Responsibility. A judge may determine whether the person made restitution, pled guilty, and accepted responsibility for the crime prior to sentencing.  If so, the person may be eligible for a 2 level reduction, plus an additional 1 level reduction if the offense level was above 15 and the government motion indicates that the person pled guilty in a timely fashion.

The person’s sentence will be determined, in large part, by calculating the person’s offense level as described above, and then using the person’s prior criminal record to determine where he falls on the grid.

Many crimes – including drug crimes – include mandatory minimums.  These statutory minimums mean that even if the person achieves an offense level which would have him serve less time than the statutory minimum states, he will serve the statutory minimum.  In other words, the statutory minimums are floors.  

There are limited ways to go below the statutory minimum which I will discuss at a later time.  

In addition, a judge is permitted to depart from the guidelines altogether, although departure from the guidelines may limit the judge in terms of going below an offense’s statutory minimum.

If you’re in need of a tough, caring Raleigh criminal lawyer, give Damon Chetson a call (919) 352-9411 anytime. Criminal lawyer Raleigh Damon Chetson represents individuals charged in state or federal court throughout the Research Triangle – Wake, Durham, Johnston, Lee, Harnett, Orange, and Chatham counties. DWI Raleigh lawyer Damon Chetson is available day or night, weekdays or weekends. Call him anytime – weekdays, weekends, evenings or holidays.

Originally published here.

We see it on television all the time; high priced lawyers presiding over important cases and raking in the money left and right. The reality, however, is often quite different.

Yes, there is quite a lot of earning potential being a lawyer, but it takes years of practice and seasoning before you can really cash in on your degree. Let’s take a look at exactly how much you can expect to make with your law degree.

If your career path is leading you to join a private law firm directly out of college, your salary will vary wildly depending on where you plan to settle down. The career path of a lawyer isn’t that different than the career path of a journalist: start somewhere small, build a name and work your way up. If you are planning on starting out in a town with a population less than 150,000-200,000, you can expect to make less than $50,000 a year for the first few years.

If you feel that you have enough credentials or enough connections to get a job in a mid-sized market like San Antonio or Minneapolis, your salary can jump to $70,000 to $100,000. Of course, if you’re at the head of your class and you are ready to take on the world right out of the gate, you can easily make $150,000-$200,000 a year in places like Chicago, Los Angeles and New York City.

While these numbers sound rosy, you need to take into consideration the fact that every year, thousands of people graduate with their law degrees and the competition for these jobs, even the low paying ones in the smaller towns, is extreme. Refine your resume and get your things in order before you even try to apply.

According to government statistics released only a few years ago, the salary you earn can vary greatly on what kind of law you practice and where you choose to practice it.

For example, the median earnings of lawyers who worked directly for a company like Microsoft made approximately $131,000 a year. If you are employed by the federal government as a lawyer, you can expect to make just under $100,000 a year.

If you provide general legal services or are self employed as a lawyer, your income drops to $93,000 a year. Your salary will drop even further if you work for local or state government organizations. They tend to make around $67,000 a year. If you find yourself working for a university or college, your income five years out of school drops to $60,000 a year.

As you can see, your fortunes are directly influenced by where you choose to practice law once you leave school. Of course, any out of work law school grad will be quick to tell you that any and all of these jobs beats no job at all, but the promise of riches that many law students think is a right tend to be something they accomplish a decade down the road.

Originally published here.

Mark Warner is a Legal Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. Search over 10 million Legal Documents and Legal Agreements at http://www.RealDealDocs.com