WHAT ARE THE COMMON TYPES OF CRIMINAL CASES THAT YOU HANDLE?
Oct. 5, 2020
We handle cases involving petty misdemeanors to major felonies, which carry prison sentences from twenty years to life. I have several murder trials under my belt as well as about another one hundred cases involving misdemeanor trials. The gamut goes from everything in-between, including drug, and theft cases, and all kinds of criminal accusations.
What Are the Top Misconceptions About Being Arrested for A Crime?
The biggest misconception is concerning Miranda rights. People think that if their Miranda rights were not read to them, that the case should be dropped, but in fact, the Miranda Warnings are only to be given by police, if they are going to force a statement from the person who is allegedly accused. Unless those Miranda Warnings are given, then any statement the police obtained cannot be used in court, but they can still prosecute the case.
How Do People Unintentionally Incriminate Themselves in A Criminal Case?
People unintentionally incriminate themselves often in these circumstances. Usually, police are very persuasive when arresting an individual. Folks think that everything will go better for them if they would just submit to a police interrogation, and waive their constitutional right, which is their Fifth Amendment to remain silent. People will often confess, or give police certain information that they can use to make a solid case against that person. This happens even if someone thinks they are trying to bail themselves out to get out of trouble. What usually happens is they often dig themselves in deeper by giving police more information. The police can prove otherwise by using witnesses as not true, or information that turns out to implicate them.
If they confess, it makes it easier for the state to prove the case against them, by giving that kind of a statement, even when people think that they are trying to exculpate themselves, or prove their innocence, this often has the opposite effect. I always advice people if they have the chance do not offer any statements to the police; assert your Fifth Amendment right against self-incrimination. They need to assert their right to speak to an attorney before ever speaking with any law enforcement agencies. I will advise them not to talk until they retain an attorney. They can explain to me what happened under the protections of attorney-client confidentiality. Then I can choose to share with the police or prosecutor’s office any information that will be helpful for my client if it can get the case dismissed. Alternatively, maybe I can get the charges reduced, or receive a favorable plea bargain, but I can do that without any risk that that information can be used against my client. Whatever I tell the prosecutor, or police, cannot be used in court, whereas whatever the defendant themselves says, can be used in a court of law.
How Do People Generally React to Being Arrested and Prosecuted for A Crime?
I know that being arrested for a crime is something that can turn a person’s life upside down. It can put the rest of their lives on hold trying to deal with this situation. I try to explain to my clients what are the probable consequences, even in the worst-case scenarios. Many times, people who have never been in trouble with the law retain my services. Many people are terrified by the idea that they could be sent to jail or prison for the crime they are accused of committing.
I am able to tell clients from my experience whether there is going to be a likelihood of them going to jail, because of course; I always try to help a client to receive an outright dismissal or a not guilty verdict. I can tell them that even if we are not successful, I can predict what kind of plea arrangement, or sentence I would be able to negotiate for them. They can realize it is not the end of the world, and it will not be as severe as the maximum penalties for this offense usually are. It might scare them into thinking this way though. It is important for people to take it very seriously because some people will want to bury their heads in the sand, and not deal with it.
The worst thing you can do is miss a court date and it will compound your problems, or not collaborate with your attorney in trying to mount the best defense. I do need the help of my clients to work a good defense for a case. My advice is to take this seriously and retain an experienced attorney, who can give you good advice, and do not panic.
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