Prepaid legal services for criminal defense

Status
Not open for further replies.

sturmruger

Member
Joined
Jan 4, 2003
Messages
3,055
Location
NW, WI
I have seen several of these legal insurance, or prepaid legal services advertised online and in misc magazines. The couple that I have looked at closely all seemed to not cover criminal defense costs. My umbrella policy will cover me if I am sued in civil court, but I would like to find something to cover me if I ever land in criminal court.

I am not planning on robbing a bank I am simply trying to find a way to pay for my legal fees if I should ever need to defend my life with a gun. My goal is to not loose my financial stability just because some druggie tries to rob me at gun point.

If you have seen any of these services that cover criminal defense I would appreciate a link or name to contact.

How does that one phrase go? “Hope for the best, but plan for the worstâ€

Thanks
 
I reserve the right to be completely wrong, but here goes.

In general, if you are involved in a shooting you have two levels of liability with which to deal. First is criminal charges. Were you packing legally? Did you do anything in violation of state law in the run up to the shooting?

Second, civil liability laws will permit the shootees survivors etc, to take you into court and sue for who knows what reasons.

So in most states it is entirely possible to be involved in a perfectly legal shooting in which no criminal liability can be ascribed to you, yet you can be hauled into court and sued.

I believe it was Colorado that first acted to clean up that travesty. Seems other states are looking at such laws.

In any case I think "Make my day" laws are the next logical step past CCH laws.

Again, I reserve the right to be wrong.
 
I understand the differences between being sued in civil court, and the state charging you with a crime. I was hoping that there was a prepaid legal service that would cover criminal proceedings, but from the comments here I suppose I am barking up the wrong tree.

My umbrella policy covers me for about a million dollars, but if I land up in criminal court I guess I will just have to loose the house.
 
I am trying one of those pre-paid services. I called last week. They had to "locate" an attorney. - took a couple of days.

Now this is not an emergency but I am a little paranoid about getting the call director when I call in, getting disconnected for no reason, calling back and being told I need to call a different number and then waiting 2 days before I was "assigned" someone. Then I had to call them. (That was today.) I'll see how it goes.

I am assuming that if there was an emergency it might be better.

I'll post back after I see how it ends up.

Logistar: "I need an attorney 'cause I had to shoot a dog that attacked me."
PPLS: Is he dead?"
Logistar: "No, but his owner doesn't look too good with 29 AK rounds to the chest."
PPLS: "Don't worry, after you make 4 or 5 more phone calls to us, we'll get you some help!"

(had to make it gun-related! - seriously, it might not be that bad.)
 
I understand that there are some prepaid legal plans that cover certain criminal defense costs in certain types of cases; also, some unions provide such a benefit. On the one hand, it is good that you are considering these issues ahead of time. On the other hand, thank God that the chances of you being involved in a shooting are relatively slim. The bad news is that legal fees for a serious felony charge, with an experienced attorney, could be $10-30K or more. However, the bottom line is that for the type of experienced criminal representation you would need in the event of a shooting in which you have been charged, you will not want an attorney assigned to you, but rather, you will want to select an attorney based on: the particulars of your incident; the court venue; the particular judge or judges; the jury pool, etc. In other words, you are better off generally investing your money; God forbid should there ever come a day when you need an attorney, YOU should select one at that time and pay the attorney directly to give yourself the best possibility for a favorable outcome.
 
I believe it was Colorado that first acted to clean up that travesty.
Colorado's has to do with defensive shootings in your home, rather than civil liability, as I understand it.
If 1) you're already in your home and 2) someone enters your home illegally and 3) you believe they'll commit a crime in your home (besides whatever crime was committed to enter! but there is no minimum class of offense necessary) then you can defend yourself/home with lethal force, and you're immune to criminal prosecution.
AFAIK, it has nothing to do with anything outside of your domicile.
 
How to find a good criminal defense lawyer

I'm a criminal defense lawyer. My paycheck comes from the state no matter what, so I don't have any interest in whether folks sign up for these prepaid legal things or not.

However, I would not recommend that anyone I cared about sign up for such a plan thinking that he would necessarily get a decent criminal defense lawyer out of it. The plans I have seen vet the attorneys who agree to participate (for a reduced fee) mainly by their willingness to participate and their reported areas of practice. As you might think, just because someone has graduated from law school and passed the bar doesn't mean he's a good lawyer. And just because someone is willing to accept criminal defense cases doesn't mean he has the proper specialized experience to know what he's doing to solve your problem.

Martindale-Hubble is of limited use, since it's mostly a firm-related thing, and I would say that at least half of the really good criminal defense lawyers are not rated in it.

To find a good criminal defense lawyer, take three steps. First, watch the papers. Get the names of criminal defense lawyers that you see over and over in high-profile cases.

Second step, the best way to find a good lawyer in a given specialty is to ask a couple of good lawyers that you know who have different specialties than what you're after. Folks in the legal community know the reps of other folks, regardless of their specialization. (You ask someone with a different specialty so that you know you're not getting an answer that's tainted.) And ask them, "If you had a family member in trouble for shooting an intruder in self-defense, who would you want representing that family member? Give me three names." Believe me, they will be happy to be of assistance and to make sure that you get steered in the right direction. (I know that not everybody knows a couple of good lawyers. So talk to a couple of cops and ask them the same question. Don't know any cops? Carefully park your car up on the sidewalk in front of the police station, and wait a few minutes. :) )

Third step: You're going to find that some of the referred names are the same as those you've been seeing in the news. Maybe start with those - but if a guy is routinely doing high-profile big-money cases, he may be out of your price range (as in, $200,000.00 to take a case - it happens). But in any event, take the names you get (you'll have at least three, and at most six . . . but probably four), and give the lawyers a call. Tell them what you want - a lawyer to call in case something comes down and you have to retain a lawyer. Ask if you can swing by and chat for 10 minutes. They're not going to charge you (unless they're idiots - because if they can get you in the door and charm you, you might consider them for referrals and other business), and they'll probably be happy to see you (for the reason I just said, and because many of these folks are going to be gun people themselves). See how you feel about them, and eventually you'll have the name of someone that you feel will be able to help you if - God forbid - you find yourself in a situation where you're forced to shoot someone to defend yourself.
 
Erich thank your for the wonderful advice. I am going to follow your advice for finding a good criminal defense lawyer. I live right on the border of WI and MN. I found a good lawyer to handle cases in MN, but from what I understand I need to find a differant lawyer in WI if I am ever in court here. What are my options, do I need a differant lawyer for each state or can one lawyer work in both states??
 
Depends on whether your MN lawyer is barred in WI. Since you have a good one already, ask him if he can practice in WI. If not, ask him for a referral for WI.
 
sturm, another tilecrawler chiming in. Nothing wrong with asking the attorney a bunch of questions about his practice: how much is criminal defense? How many self-defense cases? How long has he or she been at it? Etc.

Self-defense you start out behind the power curve in that you admit you hurt a fellow human being. Look for a fighter.

As to Erich's second step, I would be reeeaaal careful about asking his question to some cop on the street!:D "Oh, yeah, so, tell me about this shooting of someone, son.":what: Gee, I was just looking for legal advice and the next thing you know I get the inside of an interview room at the cop shoppe.:D

If you know any cops or prosecutors, ask THEM Erich's question. "If you had a self-defense situation, who would YOU call?"

I hope you never need this, sturm.:)
 
Status
Not open for further replies.
Back
Top