Guide to Finding Dayton Lawyer

The American legal process covers many aspects of daily life. In and out of the courtroom, Dayton lawyers specialize in many different areas of the law. Not all situations require private legal counsel. However, there may come a time when you need the help of a Dayton lawyer. Here is an overview of some areas in which an attorney can be helpful.

Different kinds of legal problems

For most people, engaging a Dayton lawyer means they are being called to appear upon in civil or criminal court. In civil court, a private individual sues another person or business, generally for the purposes of obtaining some kind of financial court. In criminal court, the police or a government agency charge an individual with a crime punishable with a fine, jail time or in certain cases the death penalty. Dayton lawyers can also work outside the court system, practicing so-called “preventive litigation” to help guard against the threat of lawsuits. All of these situations are different and examined in detail below.

Criminal court

Criminal charges mean a public prosecutor has decided you are in breach of the law. There are three different kinds of criminal charges:

• Felonies are very serious charges, such as murder, rape and kidnapping.

• Misdemeanors concern less serious offenses, such as assault or drunk driving.

• Infractions refer to minor offenses, such as speeding tickets.

While infractions do not entitle you to the advice of a Dayton lawyer, felonies and misdemeanors threaten both your finances and freedom. In these cases, if you cannot afford private legal counsel the court will appoint an attorney to represent you for free. Dayton lawyers perform different functions throughout the criminal court process:

• When you are charged with a crime, you are arrested and appear in court for an arraignment hearing. During this procedure, you are presented with the formal charges against you. Dayton lawyers can advise you whether to plead guilty, not guilty or no contest. They will also help you determine whether to accept any plea bargain you are offered and argue to lower your bail if any has been assessed. While all decisions rest with you, you should listen to the advice of your Dayton lawyer before making up your mind.

• If your case continues, the pretrial process offers many opportunities to avoid another court appearance. Prosecutors and Dayton lawyers working for the defense must share evidence with each other. This can help your attorney discover any procedural or technical errors made by the prosecution. Your Dayton lawyer may file motions relating to such errors to ask for the dismissal of your case. you may also be able to negotiate a plea bargain at this time.

• When no resolution can be reached in the pretrial process, you will appear in court for a trial by jury. Dayton lawyers will present the strongest possible case for your innocence or why your case should be dismissed. If you are convicted, your attorney will also appear during your sentencing hearing to present any mitigating circumstances that would justify a sentence less severe than that called for by the prosecution.

Civil court

The vast majority of civil lawsuits are settled before the case actually comes to trial. Some common problems that lead to civil litigation include:

• Real estate disputes between tenants and renters or in cases where there is an argument relating to a property purchase

• Business disputes concerning contracts which have been violated. This covers both contractors and employer-employee disagreements.

• Personal injury lawsuits in which a business or another person is responsible for any physical injury you have undergone. You have two years to file a lawsuit before the state of limitations expires.

Other kinds of legal problems

Some cases can appear before either civil or criminal court. For example, if you are the victim of domestic abuse, you must first ask the public prosecutor to file charges on your behalf. If he or she decides not to do so, you can file civil charges to ask for a restraining order, divorce or damages.

People who are well-off may considering hiring Dayton lawyers to try to make sure they never end up in court. This makes sense for business owners who want to make sure all of their contracts and employee contracts are in compliance with all federal, state and local laws. Preventive litigation of this kind can also be helpful if you are about to sign any kind of agreement or contract, such as taking on a mortgage.

Assuming you are in good mental health, you are almost never required to hire a Dayton lawyer to enter the court system. In some cases, you may be able to get what you need out of the legal system without consulting an attorney. For example, couples who wish to divorce who can agree on the terms of their separation can almost certainly complete all the paperwork themselves in a “pro se” capacity.

Finding a Dayton lawyer

If you are considering seeking private legal counsel, it is important to know exactly what you are looking for. Questions to consider include:

• What is the nature of your legal dispute?

• What kind of specialized advice do you need?

• What can you afford to pay?

• If you are considering filing a civil lawsuit, how much time and money are you willing to invest in litigation?

Once you determine what kind of Dayton lawyer you are looking for, ask friends and family to recommend a specialist they have worked with. You may also ask the Dayton Bar Association for a referral. Interview as many Dayton lawyers as you need to to find an attorney whose answers put you at ease. During your first meeting, received detailed, written documentation of both the proposed timeline of your case and the cost of the legal undertaking. Having all of this information in writing will help to ensure you are not entering into a professional relationship you do not understand and establish an open attorney-client outset at the outset.