Defending Those Who are “Guilty”
I am guilty. How can you successfully defend me?
Police are trained to collect incriminating evidence. They do not include exculpatory evidence in their reports. You have a constitutional right to confront and cross-examine your accusers. You also have a right to question all witnesses and examine all evidence. By taking sworn depositions of the officers and all potential witnesses, exculpatory evidence leading to your acquittal may be discovered. Also, witnesses that refuse to appear for depositions may be excluded from testifying at trial, resulting in your acquittal.
Many criminal cases involve contraband such as drugs, paraphernalia, guns and stolen property. Sometimes the evidence obtained in these cases is the product of an illegal search or seizure, an improper stop, a defective search warrant (or a failure to obtain a warrant).
If this is the case, the evidence may be suppressed or excluded from use against you at trial. Without evidence of contraband, your case will be dismissed. So, for example, if the police improperly entered your home and found illegal drugs, and the search and seizure was not lawful, your case will likely be dismissed, even though it was clear that the drugs were in your possession.
Dismissal of Cases Based Upon Lack of Admissible Evidence
It is our job as your defense attorney job to ensure that all evidence was properly obtained, that all witnesses are credible, that the State has proof beyond a reasonable doubt, and that your constitutional rights were not violated. If the State does not have admissible evidence that it believes can be used to show guilt beyond a reasonable doubt, they have an obligation to dismiss your case.
Plea Deal Consideration
When a conviction seems likely, at the request of our client we may work to see if an acceptable plea agreement can be obtained. Everyone does not get the same penalty for the same crime. It is our job to humanize you, put your best foot forward and convince the prosecutor that you deserve to be treated better than other like situated defendants. This requires time and effort the public defenders cannot provide.
In every case, we work tirelessly toward achieving the best outcome possible for our clients. If a plea deal is proposed, we will advise you of your legal options and leave the final decision to whether to accept the plea or try your case to a judge or jury. We work for you and give you all the information you need to make the best possible decision for your defense with our help.