criminal law

10 Steps to Choosing the Right Defense Attorney

To achieve the best possible outcome for a criminal case, hiring an experienced, aggressive defense attorney is essential.

No matter the offense, criminal law is complicated, and the appropriate lawyer is crucial for a successful case. The attorneys at Corso Law Group know this to be true, and offer this 10-step guide to choosing the right defense attorney.

1. Decide which type of attorney you need. This is important because attorneys work in a variety of fields and offer various levels of experience. If you need help with a DUI charge, for example, you need a skilled DUI lawyer, not a family or civil rights attorney, and especially not a public defender.

No matter the charge, the repercussions of a crime can impact your life and livelihood. Although you have the option to represent yourself or settle for a public defender, neither of those are good choices if you want to protect your rights and your future.

An aggressive criminal defense attorney with specialized experience can make a world of difference for your criminal case.

2. Understand what an attorney does. Once you decide which type of lawyer you need for your case, learn about what that specific type of attorney does, understand the services they provide and the areas of defense in which their practice focuses.  

For instance, some of the responsibilities of a DUI defense attorney include helping you decide how to plea, creating a strategic legal plan, gathering and sorting through evidence to help your case and representing you in court.

3. Know the possible outcomes of your criminal case and how an attorney can help. Criminal law covers a vast range of offenses, including misdemeanors, felonies, DUIs, traffic violations and domestic violence, to name a few. All of these charges involve different laws and can lead to different outcomes in court.

A good defense attorney should be able to go over possible outcome of your specific case with you, and discuss plea bargains, how trial works and what happens if you’re found guilty or not guilty.

At Corso Law Group, our attorneys offer guidance, expert advice and sound representation to our clients during every phase of a criminal case, keeping each person well informed and involved in their case.

4. Do your research. If you’re facing potential criminal charges, you need the best possible representation. Don’t settle for just any attorney, and research viable options for your case.

Look at professional accreditation sites, like the Better Business Bureau to review trusted firms in your area.

5. Read specific client reviews. If the firm has client testimonials on their website, these reviews can offer helpful insight into how the attorney you’re considering has interacted with other clients throughout the legal process.

Here is an example of a helpful review from Corso Law Group:

The Best Lawyer in Town. I used this law firm and had a great experience. Great guys, owner stayed late and met with me when I hired. Took the time to explain. A real motivating group, they work hard at what they do. My attorney sat with me for over an hour. No consultation fee at all. Definitely keeping this phone number on my favorites. Thanks for all the hard work. Case Dismissed.” – Sandra R., Peoria, Arizona

6. Stay local. Specific laws and regulations can vary throughout the state, so finding an attorney who works in the area where your case is pending can make a difference as they have experience with that court’s procedures and personnel.

Christopher Corso has previous experience with the Maricopa County Attorney’s Office and other prosecutorial agencies, giving him invaluable knowledge of all side of a criminal case and first-hand experience with multiple aspects of Arizona’s court systems. With this specific knowledge and experience regarding criminal law, he’s able to vigorously defend clients and the range of criminal cases that come his way.  

7. Look for relevant specialties. A criminal defense attorney may work with a variety of criminal charges and specialize in specific areas.

Attorneys at Corso Law Group handle all types of criminal cases, and specialize in Arizona DUIs, photo radar tickets and more.

8. Prioritize experience. Your attorney should have extensive experience representing others who were charged with the same or similar offense as you.

Potential Corso Law Group clients needing a DUI attorney, for example, can see how many Arizona DUI cases have been handled and their results on the firm’s website.

9. Set up a consultation. Meeting in person will allow you to discuss your situation, get to know the attorney, better understand their services, determine who would be involved in your case and find out about cost.

Attorneys at Corso Law Group know how important the initial consultation is, and use this time to hear each client’s side of the story.

10. Match your values. After the initial consultation, decide if you and the attorney are a good match. Your lawyer should do their best to make you feel comfortable, show a genuine interest in wanting to help with your case and keep you closely involved.

Something that sets Corso Law Group apart from other firms is that our attorneys value each client as a person, not just a case. We make an effort to give each client and their families the respect and professional representation they deserve.

The team of skilled criminal defense attorneys at Corso Law Group are experienced in handling everything from DUI defense to felony cases, and we work tirelessly to defend the rights of our clients. Call today to schedule a free consultation (480) 471-4616.

Reducing Sentences Leads to Possible Criminal Defense Changes

Reducing sentences has been a common topic lately in the United States. Recently, a judge rethought a sentence that had a profound impact on an inmate named Francois Holloway.

Holloway was released from prison three years earlier than expected thanks to U.S. District Judge John Gleeson in Brooklyn, New York.

Although federal trial judges don’t commonly possess extraordinary power when it comes to sentencing decisions as prosecutors rely on set in stone minimum punishment laws, typically new evidence or excessive legal error are the only ways a reduction on their part is possible.

However, judges can create a sense of public or personal pressure that causes prosecutors to rethink their sentencing decisions. When these types of situations occur, such as Holloway’s sentence reduction, it reveals attitudes continue to change in these types of circumstances, looking at the criminal justice system and its policies in a new light.

Holloway was sentenced to 57 years in prison in 1996 for being a part of armed carjackings, but Judge Gleeson who had put Holloway away, attempted to work with prosecutors for years in order to reduce Holloway’s sentence, before he was released early.

Which kind of cases does this deal typically happen to though? Thus far, these types of reductions have occurred for those who fought against sentencing that seemed underserved compared to the crime they committed.

In most cases, the defendant at hand decided against a plea deal and then lost during their trial. As a result, they were given a much more extensive prison sentence than if they were to have pleaded guilty.

These types of cases and this shift in the criminal justice system might be more common as 2016 approaches. Instead of focusing on a prison sentence, one might look towards court ordered rehabilitation if the consequence seems fitting for the crime.

However, not everyone agrees on this. In the same article, “Don Mihalek, vice president of law enforcement relations at the Federal Law Enforcement Officers Association said that after the-fact reductions send the wrong message,” according to Joe Palazzo, author of the article “Judges Rethink Sentences.”

Said Mihalek: “Every criminal has their day in court, and that’s the bottom line.”

Arizona’s Civil Forfeiture Laws Receive Poor Grade

Arizona’s civil forfeiture laws rank as some of the worst in the country, with a D- rating from Policing for Profit, a national report card grading these laws in every state by The Institute for Justice.

What is Civil Forfeiture?

If police believe that a person’s property could be linked to criminal activity, they can seize the assets in question to use as evidence during a trial.

These laws are considered controversial because even if no one is charged or convicted, law enforcement can keep up to 100 percent of the seized assets unless, depending on the state’s specific laws, the owner can prove his or her innocence in the case.

Arizona’s D- Grade for Civil Forfeiture Laws

In order for the government to seize property in Arizona, it only has to show that the property is more likely than not linked to a crime.

Another contributing factor to the state’s low grade is the law’s requirement of innocent property owners to bear the burden of proof. Essentially, you are considered guilty until proven innocent. This means you must prove your innocence if you want to get your property back.

Due to considerable fees associated with filing to get items back, many are discouraged to even try. For example, an Arizona woman had to pay a $304 filing fee just to gain the right to challenge the seizure of her assets in court.

The Problem with Asset Forfeiture

Why would law enforcement want to keep seized assets even if no one was charged? According to the FBI, the purpose of asset forfeiture is to, “undermine the economic infrastructure of the criminal enterprise.” By taking away assets and property linked to a crime, police aim to discourage criminal activity and make it less profitable for those involved.

Although criminals and innocent property owners may never see their seized assets again, certain parties are definitely profiting from these laws.

Last year, Arizona earned $36 million in forfeiture revenue, and a significant proportion of this money paid for salaries and overtime for law enforcement officers.

From 2000 to 2014, the state collected $412 million in forfeiture revenue, with 28 percent, or $62 million, of that total spent on “administrative expenses,” which includes benefits, salaries and overtime, The Arizona Republic reports.

Currently, local and national organizations, including the Institute for Justice, are hoping to reform Arizona’s forfeiture laws.

What are the Possible Outcomes of a Criminal Case?

Criminal law encompasses a wide variety of topics. At Corso Law Group, our attorneys work on cases involving DUI, criminal speeding, CDL tickets, photo radar tickets, felony charges, drug possession, weapons possession, violent crimes and more – all of which can yield different outcomes in court.

The following is a guideline illustrating the basics of a criminal case and the possible outcomes.

What is a plea bargain and what happens if you take one?

A plea bargain is a proposed agreement between the defense and the prosecution that involves sacrifices and benefits for both sides. The defendant gives up their right to a jury trial by pleading guilty but gains some form of leniency such as a lighter sentencing. The prosecution loses the opportunity to go to trial but is guaranteed a conviction.

Leniency may include pleading guilty to a less severe crime, less jail time or lower fines.

A plea bargain is made official in court by a judge who ensures the defendant has willingly chosen the plea bargain and understands the rights he or she is waiving. A judge may also adjust the proposed sentencing at this time.

What happens if you go to trial?

If a plea bargain isn’t reached, or if the defendant doesn’t plead guilty or not guilty, the case can be taken to trial where the defense and the prosecution will argue either sides of the case in order for a verdict to be reached.

There are several trial options, but the two main ones are a jury trial and a court trial. During a jury trial, which is the default option, a jury will examine evidence from the case and come to a conclusion. During a court trial, this is done by a judge.

What happens if you’re found guilty?

When a trial is concluded with a guilty verdict, the next step will be sentencing.

A specific date will be chosen when a judge considers a variety of influences such as the crime at hand, the person’s criminal record and more to determine an appropriate sentencing, which could include jail, fines, probation, community service and more.

If you’re found guilty but believe there is a legal reason to appeal the verdict, you can work with an attorney to begin the appellate process.

What happens if you’re found not guilty?

When a trial is concluded with a not-guilty verdict, the defendant is released from custody and there is no criminal charge. However, the arrest and trial verdict still exist, but can be expunged in some cases so they no longer appear on a permanent record.

Can texting and driving laws be enforced?

I was recently asked about the effectiveness of texting and driving laws in the United States. If you spend any time on the road, you’ll see someone texting while they’re behind the wheel. And many laws are currently on the books to keep people from doing just that. So what’s happening? Here’s my take:

Can texting and driving laws be enforced?

To begin, not every state even has these kinds of laws to enforce, like Montana and Arizona, which do not have any sort of ban on texting and driving. However, it’s clear that most of the country has seen the devastation texting and driving can have.

As a result, 46 states do have some sort of regulation in place to keep people from distracted driving. When it comes to actually enforcing these bans, law enforcement is doing everything in their power to detect and stop distracted driving. Certain devices are even in the works to help police better detect texting and driving, but for now, spreading awareness about the dangers and legal repercussions of distracted driving is doing a lot to help enforce these laws.

Have texting and driving laws had any effect on the rate of distracted driving accidents/fatalities?

Yes. States that have implemented texting bans have seen a decrease in distracted (texting and driving) accidents. According to a recent study, texting bans had the most powerful impact on younger drivers. They found that there was less deaths among the 15-21 age range, and overall, a decrease of fatalities concerning all age groups.

It’s true that these laws can be difficult to implement, but when people recognize that law enforcement is looking for a certain type of behavior, they’re more aware of how they’re driving.

When people know the legal consequences of texting and driving, that’s when you begin to see the positive outcomes of these laws. It seems that people are beginning to realize that a text message isn’t worth the potential harm or heavy fines and tickets that come with it.

Are texting and driving laws pointless?

I don’t think so. Now that many states have banned texting and driving, there’s been a decrease in traffic deaths and accidents around the country. Law enforcement is on the lookout for this type of behavior, and drivers are taking notice.

About the Author
Attorney Christopher Corso is the founding attorney of Corso Law Group. A native of Rhode Island, Corso previously worked as a prosecutor for the Maricopa County Attorney’s Office serving as a mentor to newer prosecutors and specializing in DUI related offenses. Prior to that, he worked as a prosecutor for the Mesa City Prosecutors Office where he specialized in domestic violence offenses. While employed in Mesa, he assisted in preparing the court’s Domestic Violence Manual. Corso graduated from Roger Williams University in Bristol, Rhode Island, where he received his Bachelor of Science Degree in Paralegal Studies in 1997. He received his Juris Doctorate degree from Suffolk University School of Law in Boston, Massachusetts.

In 2003, Corso became licensed to practice law throughout the state of Arizona. He is admitted to practice law in the Arizona Supreme Court as well as in the United States Federal District Court. Corso is currently a member of numerous professional legal organizations, including the American Bar Association, the Arizona Bar Association, the Maricopa County Bar Association and the Association of Trial Lawyers of America.

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