Helping Your Case

Often times, when a potential client calls me, he or she has already admitted their guilt or the evidence is so overwhelming that being found guilty is inevitable. This is especially true in cases such a drunk driving where, if the initial stop and other procedures performed by the police were done properly and a properly calibrated Datamaster reveals intoxication, there is not much you can argue about. Or consider retail fraud, where store security has you on camera stuffing things into your purse and you get stopped outside the store with the merchandise and no receipt. Finally, a lot of people believe the police when they say, “Tell us what we want to know and we will go easy on you.” So then in front of someone who will later testify that you admitted your guilt with no duress or coercion, you spill out your guts and conscience and confess to even things you did as an infant.

Under these circumstances, and with first time offenders or repeat, petty offenders, unless the Prosecutor is not willing to deal at all, going to trial would seem fruitless. Better to present your client in the best possible light, make a deal with the Prosecutor, and get the Judge to come on board so the impact of a poor decision will have the least impact.

It’s this “presenting your client in the best light” part that becomes very important to getting the outcome I am looking for. For instance, when I am retained for a Minor in Possession of Alcohol or MIP, I insist that the person attend at least two AA meetings and bring something so I can prove to the judge you attended. I make sure they are properly attired. I make sure that they have stopped drinking and, if they are using drugs, I insist they stop using drugs. I just defended a young woman accused of shoplifting. She admitted it to the police when they were called to the store. I was able to get her sentence deferred but only after the judge asked if she would pass a drug test and after saying, “Yes” was escorted across the parking lot to a testing lab. She passed.

Depending on the crime, there is always something that can be done before going to Court that will help your case. Like going to AA as above or seeking counseling for something else, the more you and your attorney can convince the Prosecutor and Judge that you are taking your situation very seriously and you are actively addressing the conduct for which you were arrested, the more the Prosecutor and Judge will look to give you a second chance.