Sunday, February 3, 2013

CRIMINAL DEFENSE


CRIMINAL DEFENSE

 Posted by glad4jc on July 11, 2011 at 11:57 PMDelete 
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You have been arrested or are about to be arrested, what do you do?  Retain an attorney and a private investigator.  A good attorney will want your case to be investigated,express concern if your potential or current attorney does not seem motivated to use a private investigator.

I cannot tell you how many times I have talked to clients after they took a plea or were convicted and their attorney did not put on character witnesses, object reasonably to evidence or witnesses or fight for the client to have the best possible defense.  I know some good attorneys but unfortunately just like anyone else out there bad attorneys with or incompetent attorneys exist.    You are paying your attorney.  If you were paying a doctor and he was giving you prescriptions that were not working or treatment for an illness you didn't have would you keep paying him or her.  The same is true for attorneys, get a good one, interview them, ask them for references, ask them how long they have been practicing and what their success rate is in getting a good deal for pleas or getting their clients acquitted.  Don't use a generalist or someone whose speciality is in another field just because your aunty used him or her several times, you need an excellent criminal defense attorney.

Sometimes law firms will employ their own investigators, and if they specialize in criminal law they ought to be more than paralegals or secretaries, the person investigating your case should have experience investigating.

Often though you will need to hire your own Private Investigator.  Set up an interview, if the PI is not willing to meet personally with you and give you an hour of their time as a courtesy then look elsewhere.  Run from any PI who brags too much, who does not listen to your version of the situation and who is not willing to get out there and investigate, talking to all potential witnesses, and digging.  Make sure the PI is not buddies with the local sheriff or police who arrested you.   Be willing to pay your investigator because what they uncover will be invaluable to your attorney and may save your life, keep you out of jail or mitigate the damages.

A good PI should be able to give you references of cases he or she has worked on, even if they are not criminal cases, someone who can vouch for his honesty and diligence and also a professional reference of someone who has known him or her for a long time.  Don't just grab someone who has a shiny new office, car or web site.  Spend a little time on the phone with them and set up a meeting.  If a PI is not willing to prove himself or herself a little before talking money you are probably already in trouble.

Never assume because you are innocent, the case is a slam dunk, innocent people go to prison or jail every day.  Strange things happen, people get framed, law enforcement is trying to close a case due to public or political pressure, your circumstances look bad and the cops really believe you did it, and so on.  Get the best possible team together to make sure you get a legal and fair defense which is your right under the United States Constitution.

If you have already been convicted, all is not lost, but think carefully about your appeal.  Did your attorney do the very best he or she could do for you, and there are just some appellate points due to the other side or judicial decisions?  Fine if you believe in your attorney but in some cases it is time to get another attorney who has experience in appeals.  Also consider that in many jurisdictions the appellate court will NOT overturn lower court decisions without something really remarkable as they are conservative courts who support most lower court decisions.  

Once you have won your appeal review the above, you need a good attorney to handle a deal or a new trial and now more than ever you need a good Private Investigator to uncover things that were missed the first time around and also by now some witnesses may be more willing to talk, and more is known about what was covered up, or what the other side thinks they have on you.

The most important person in your defense is YOU. Trust your gut instincts, don't just trust everyone who promises it's going to be ok, verify and ask questions every step of the way, stay informed, but also let your PI do his or her job and find out the truth for you and your attorney.

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