Guide to Finding Birmingham Lawyer

A brief guide to Birmingham lawyers

No matter how law-abiding you are, there may come a time when you will have to deal with the legal system regardless. Birmingham lawyers specialize in many different areas. In some cases you may not need or be able to afford private legal counsel. It is important to be knowledgeable about all of your legal rights. If you are thinking of hiring a Birmingham lawyer, here are a few things to keep in mind.

How the law works

There are two main kinds of courts. In criminal court, defendants are charged with an offense by the police or a government agency and face the threat of a financial penalty, jail time or (in cases of murder) the death penalty. In civil court, private citizens file a lawsuit against another person or business, generally for the purpose of receiving monetary compensation. Neither court system requires you to retain the services of a Birmingham lawyer. Most people of sound mental health have the option of representing themselves, which is known as a “pro se” process.

In the criminal court system, you can be charged with three varieties of crimes:

• Murders, rapes and other serious offenses are categorized as penalties.

• Less serious charges, such as drunk driving, are categorized as misdemeanors.

• Minor violations of the law such as speeding are categorized as infractions.

Because they seriously threaten your liberty and/or finances, the first two types of charges entitle you to free representation from a Birmingham lawyer if you cannot afford to pay for a private attorney’s services. Infractions do not provide for this kind of pro bono representation.

When you are charged with a criminal offense, Birmingham lawyers work from the moment of your arrest. Actions they can take throughout the legal process include:

• Advising you during your initial hearing, known as an “arraignment.” When you are formally presented with the charges against you, you have the option of pleading guilty, not guilty or no contest. You may also be offered a plea bargain by the prosecution. While you have the authority not to follow any advice a Birmingham lawyer gives you, if you are not experienced in the law you should at least listen closely to what they have to say before making a decision.

• At any time leading up to or during your trial, your attorney may attempt to have charges dismissed against you. Birmingham lawyers can argue that evidence was improperly or illegally collected against you, that the prosecution cannot reasonably expect to convict with inadequate evidence, or otherwise file a motion that ends the case against you.

• During your trial, an attorney will present the strongest possible case for your defense by introducing evidence, cross-examining prosecution witnesses and pointing out any procedural errors the prosecution makes.

• If you are convicted, Birmingham lawyers will be present at your sentencing hearing to argue for any mitigating circumstances that would indicate the severity of your sentence is less than what the prosecution calls for.

People turn to the civil courts when they have a problem not covered by the criminal courts. Many lawsuits never make it to trial. Birmingham lawyers work throughout the pretrial process to find a mutually satisfactory solution, which can shorten the amount of time it takes to achieve a resolution to your complaint. Some people who may consider entering civil court include:

• Business owners who have disputes with employees, contractors or associates

• Employees who have been underpaid, experienced sexual harassment, been discriminated against, asked to perform illegal actions or had the terms of their contract violated

• Tenants, landlords,people who have purchased real estate and anyone else with a property-related problem

• People who have experienced personal injuries that another person or business can be held responsible for

• Victims of domestic abuse who were unable to get a public prosecutor to file charges in criminal court on their behalf

All of these fields are very different, operating under a multitude of federal, state and local laws. Birmingham lawyers specialize in one or several areas of practice. If you wish to hire private legal counsel, you must clear on what kind of help you need before you can begin your search.

Birmingham lawyers outside the courtroom

Criminal charges or civil litigation are not the only reasons you may want the help of an attorney. Some other circumstances in which a Birmingham lawyer may be helpful include:

• Couples filing for divorce can complete their own paperwork. However, if you and your partner are not in complete agreement about every aspect of your separation, you may want to retain a lawyer. Some Birmingham lawyers offer mediation services, which are less expensive than going to court. If one party does not agree to the divorce, you will need to appear in family court.

• Adopting children requires the assistance of a Birmingham lawyer in most cases.

• When writing a will or otherwise managing your assets, private legal counsel can make sure you have taken all the steps necessary to make sure your estate is not mismanaged.

• Business owners may want to practice “preventive litigation” by hiring a Birmingham lawyer to review all of their paperwork, contracts with employees and other documents to make sure you are in compliance with all applicable laws

Finding an attorney

The most reliable referrals to Birmingham lawyers will come from friends and family members who have successfully worked with a specialist in your field. You may also choose to ask the Alabama State Bar or Birmingham Bar Association to refer you to the appropriate legal counsel. Before you take this step, think about what you can afford to pay for and if you really need an attorney.

Prior to your first meeting with any Birmingham lawyer, prepare your documentation and be ready to explain clearly what your needs and expectations are. To avoid unpleasant surprises in the future, be sure to obtain a detailed, written estimation of what your projected costs will be for the services of any Birmingham lawyer.