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Criminal Defense

  • People facing criminal charges often ask me if they need an attorney. With a smile I first remind them that I’m not the most neutral or unbiased person ask. Then we talk about things an attorney could do for them. Obviously, having an attorney is important when you need to defend yourself against false allegations. Even if you believe you are guilty of the charges you’ll likely find having an attorney very helpful. For example
  • Having an attorney guide you through the criminal justice system can help ease the anxiety you feel now because you don’t know what to expect.
  • Having an attorney can help you avoid making the situation worse, e.g., I recently watched an unrepresented defendant plead guilty to a charge of Driving While Suspended when he could have avoided a conviction by applying for diversion.
  • Having an attorney at sentencing can make a really big difference because they know the judges and what they like and don’t like to hear from defendants at sentencing. Hiring an attorney doesn’t mean you’re giving up control of your case. In fact, even if you have an attorney, you as the defendant always make the four most important decisions in any case. Specifically, you and you alone decide:
  • Whether to plead “Not Guilty” or “Guilty”
  • Whether to have a jury trial or judge alone trial
  • Whether to testify at trial or remain silent These are three of the four most important decisions to make in a case and they are your decisions to make. I will discuss these issues with you and give you my best advice but ultimately the choices are your to make - whatever you say goes. What’s the fourth decision? Usually this decision is made before I ever get involved in a case. The decision I’m referring to is the decision to make any statements at all to law enforcement. If anyone from a law enforcement agency wants to speak with you about something you’ve done or allegedly done, you should respectfully decline to do so until you’ve had a chance to speak with an attorney. Remember you will always have another opportunity to speak with them, if it is in your best interest, but you’ll never have an opportunity to take back something you’ve said. It does not matter if they’ve “read you your rights” or not, do not speak with them without first speaking with an attorney. If you’ve already given a statement, “It’s water under the bridge”, just don’t make it any worse by making any more statements.

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