Thursday, February 26, 2015

What a Criminal Defense Lawyer Does for You

As a criminal defense lawyer, I am knowledgeable in the legal defense of individuals or companies charged with a crime. Being arrested for a criminal offense, or even being under investigation for one, is usually a terrifying and very unsettling experience. Additionally, there are so many life altering consequences to a criminal conviction that it is of paramount importance that you make every possible effort to hire an experienced attorney who has extensive knowledge of the legal system to represent you. Some attorneys will specialize only in a certain type of criminal defense matter such as DUIs or drug defense. My office handles both. 
 
Because both your life and liberty are at stake, when searching for a defense attorney, you need to retain a professional that has as much experience as possible, while making sure they have both the means and the commitment necessary to protect your rights. Also note that being accused of a federal crime is rather more serious than being charged with a state crime and requires an attorney who has experience with federal law and federal prosecutors. Fortunately for my clients, there are very few types of criminal cases that haven't come across my desk.
 
As a criminal defense lawyer, I deal with every facet of criminal procedure from the arrest and charges filed, to sentencing and appeals. I will also, from the very outset, advise you how to handle possible questioning so that you do not, unwittingly, cause any irreparable damage to your defense. This includes refraining from answering any questions, making any statements, or signing any documents unless I am present. Additionally, I often perform my own investigation and, as a result, can and often do, present evidence that negates charges made by the prosecutor.
 
The early stages of a criminal case may involve a grand jury or preliminary hearing to determine if there is probable cause for the case to continue. Therefore, the initial work in any criminal case involves a thorough review of the charges and whether there has been any violation of the accused's constitutional rights. For example, the Fourth Amendment protects citizens against unlawful search and seizure. Any violation of these rights could result in the illegally obtained evidence being considered inadmissible.  In other words, my job is to ensure that you receive a fair trial that is in accordance with the law.
 
If there have been no constitutional violations, and a preliminary hearing has determined that there is probable cause for the case to go to trial, I will turn my attention to trial preparation, the importance of which cannot be overstated.  I can also give you, as the accused, a realistic idea of what your options are and what you could possibly expect.  This is especially important because people charged with a crime have often been given misleading or false information by well-intentioned but misguided friends and acquaintances.
 
Make every possible effort to retain a reputable criminal defense lawyer as soon as you have been arrested for a crime. Your life and liberty may depend on it.

Wednesday, February 4, 2015

A DUI Lawyer Explains How People Really Get Through a DUI Checkpoint

Have you seen YouTube lately? There is a video circulating wherein a DUI lawyer gives his perspective on what to do to get through a DUI Checkpoint without having to speak with the police and without getting arrested. This is an interesting concept and has caught on like wildfire as people are desperately trying to avoid getting questioned or arrested by the police.  These DUI checkpoints have been set up throughout the country and they are designed to generate arrests.  The police go into every DUI checkpoint stop with the preconceived notion that drunk drivers will pass through.  Every individual subjected to the stop is looked at through that lens and, oftentimes, innocent people are arrested, as a result. 

Here is what to do if you go through a DUI checkpoint.
Whenever you are interacting with the police, remember to remain calm.  While this may seem counter-intuitive, police officers tend to think that you are doing something illegal if you are nervous or acting strangely.  By remaining calm and behaving like you normally do, you are more likely to get out of most police interactions unscathed.  With that in mind, when driving through a DUI checkpoint, you will be asked to pull your vehicle over so that an officer can approach your car.  The proponents of the DUI Checkpoint video then suggest taking these steps:

  1. Place a flyer outside of your window that says “I want to speak to my lawyer, and I choose to remain silent”.
  2. Show your driver’s license, insurance card and registration.


All of this is supposed to be done outside of your car, with your window rolled up.  Most people simply put the items into a plastic sleeve with a string attached.  When the officer walks up to the car, the driver will have everything an officer would request right in front of them.  This eliminates the need to speak with you and, as long as your paperwork is okay, you should be free to go.  As a DUI lawyer, we understand that things are not always this simple but the concept is interesting, in theory. 

Why it works.
In order for the police to arrest someone for the “belief” that they are driving under the influence, the driver must give them the opportunity to identify a cue that confirms their suspicions.  For example, if you speak with an officer, that officer could claim that you have slurred speech.  By remaining silent, that opportunity is eliminated.  Simultaneously, if you roll down your window, the officer could claim that they “smell” something like drugs or alcohol.  It could be spilled mouthwash or the odor of your drunken passenger; regardless, this gives them an opportunity to find something that is suspicious. If you can eliminate the opportunity by limiting your interaction with the officer, you may get through the DUI checkpoint fairly quickly.

Keep in mind that these steps will only work if you are driving correctly and legally.  If an officer approaches your vehicle and can tell by a visual inspection that you are intoxicated, they may begin an interrogation instead of allowing you to pass through.  Simultaneously, if you were seen driving erratically, this can be considered probable cause to initiate further questioning.  In those cases, you should call a DUI lawyer right away so that we can ensure that your rights are protected.