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Yesterday your client had a life.  That may change as a result of today’s indictment.

Yesterday your client was a businessman, an owner.  He was a husband and a father.  Today he faces the possibility of losing everything, his family, his freedom, his future, his dreams, and his reputation.  His life may be changed forever.

Yesterday your client told people what to do.  His demands were met.  Starting today your client is in the grips of the government and he will be told what to do.

Yesterday your client was known for his power, his prestige, and his philanthropy.  As of today his name will be preceded by the title “the defendant.”

Your client is going to be making certain critical decisions that will have an overwhelming impact on his future.  He will have to make these decisions at a time when he will be ill equipped to make them.  He will be suffering from massive stress and his family will be thrown into turmoil and fear.  His normal resources may be cut off and he is going to have to put his faith in others.  Even though he doesn’t want to trust anyone, he is going to have to trust you.

He can trust you.  You are the criminal defense expert.  This is your business and this is what you do.  You are the lawyer.  You know the law.  All of your knowledge, training, experience, and resources are devoted to obtaining a successful outcome for your client.  So what’s the problem?

The problem can be summarized in a simple number, a statistic – 93%.  Approximately 93% of all people indicted by the US Attorney’s Office are convicted.  And most of those spend time in federal prison.

Your numbers are better than that.  That is one of the reasons why you have the reputation and stature that you do.  Despite these well known and overwhelming odds, you are still able to win.  That is all your client wants.  Boy does he want you to win.

So your job, your focus, is to navigate the time period between your client’s indictment and when he is sentenced.  Even in those rare instances where there is a trial, you’re essentially done when he is sentenced.  Great.  On to the next case.

But not so fast.  A few things have happened to your client in the meantime.  Chances are he is now a felon.  Chances are he is facing a prison sentence.  Chances are he is scared to death.  And chances are things happened between the indictment and sentencing that will affect how much of his sentence he has to serve, where he has to go, and what he will do when he gets there.

Your white-collar client expects, as he always has, to have expert advice available to him to answer the questions that are consuming him and his family:

“Where am I going to go?”  We don’t know.  The judge made a recommendation but we don’t think the BOP is required to follow it.  “What?!”

“What is it like in prison?”  We don’t know because we’ve never been.  “What!?”

“What can I bring?”  Check the BOP web site.  “I did and it didn’t help.”

“What kind of people are there?”  “What will I do all day?”  “Is it violent?”  “Is there any way to get out early?”  “Can I bring my medicine?”  “Can I see my wife?”  “Can I see my doctor?”  We don’t know.  Check the internet.  Maybe there are some books.

I was indicted.  I was represented by fantastic lawyers and they did an amazing job.  And, as most are, I was also convicted.  Fortunately my lawyers really shined when it came to sentencing.  But, and this is a big “but” for someone in my position, my lawyers could only help up to a point.  I had all of the questions your clients ask, and so many others.  But no matter where I looked I couldn’t get answers.  Consequently, I walked into federal prison apprehensive and anxious.

Truthfully, even if your client and his family are relentless with their questions, you can’t be expected to know everything.  And unless, heaven forbid, you actually go through this experience yourself, you can’t really know how to answer certain types of questions.  You can’t be expected to provide answers for things you don’t know, but your client doesn’t know who else to ask.  And your client doesn’t even know what to ask.

However, you didn’t get to where you are in your profession by being satisfied with what you don’t know.  If you don’t know something, you want to at least know where to go for answers.  You go to the experts for the advice you need.  But what are you supposed to do here?

Let me tell you from my experience that your client will want to talk with someone who has been there, someone like him, a white collar professional who had been put in an untenable situation with no knowledge of how to navigate the ordeal.  And I know that he should talk to that person early enough in the process to make a difference.

For example, the first serious thing that will happen to your client happens early, and it is a major event.  It won’t seem like much.  It didn’t seem like much to me.  And given the casual way this event was handled by my lawyers and everyone else, I had no clue of the significance of this brief meeting.  I’m talking about the meeting with the probation officer that leads to the PSR/PSI.  You may know how important that document is during the sentencing process.  I now know, because I’ve been through the system, that the report is very important for other reasons too.  The PSI report turns out to be the first thing read by each member of the BOP staff each time they come in contact with a new inmate.  They rely on the content of that report, to one extent or another, for every decision they make while someone is in prison.  The content of that report is used to make decisions as wide ranging as bunk assignments, medical care, and qualification for sentence reduction programs.  Yes, having the right advice at the commencement of the sentencing process can help your client ease his stay and, most importantly, help him to reduce his time in prison.  Not having that advice early enough is like leaving the handcuffs on.

Dealing with the BOP is not always intuitive.  In one case, a former lawyer who was represented by a prominent attorney appeared at a sentencing hearing with a negotiated prison term.  During the hearing, this highly respected criminal defense lawyer successfully argued for a three month reduction in the pre-agreed length of the sentence.  Although this sounds like a wonderful result, a result that would confirm the value of that defense lawyer, it was not.  Neither the client, who had been a lawyer, nor his criminal defense attorney, realized their mistake.  As a result of the three-month reduction in the sentence, the client was no longer eligible for a BOP program that would have reduced the defendant’s sentence by 15 more months!  Yes, due to the rules governing programs available to prisoners, the 3-month reduction in the sentence meant the defendant was no longer eligible for a much larger reduction in his sentence.

Are you responsible to know all about the mechanics of BOP operations and   prison life?  The answer is no.  These are not legal questions and this is not legal advice.  But how much of your time has been consumed away from the “legal” side of your cases over the years by these same questions?  If an expert had been available to your client, someone who could answer these questions, then you could have spent more of your time on his case.  After all, you have someone prepare trial graphics, you use jury consultants, economists, and other experts.  This is another way to provide your client with better service and free up your time to do what you do best.

You know that there is critical information that can provide valuable advantages to your client. Given the likelihood that someone who is indicted will be incarcerated, your client should be referred to an expert on these matters from the very beginning of the case.  Once in the system, everything you know about getting what you want or need, and how to get it will have changed.  Sometimes doing the right thing can be wrong.  This is a bureaucratic system and the people and their tactics must be understood by anyone who wants to safely navigate through the prison experience.

White collar defendants are best served by an expert who was also a white collar defendant.  I am one of these experts.  I am a former attorney who was indicted and became a federal prisoner.   I vividly recall all of the questions I had.  I vividly recall my own concerns and fears and those of my family.  But most importantly, I was the clerk at Lompoc, where I was responsible for resolving the day-to-day problems of 600 prisoners.  It was my job to introduce all of these men to prison and to act as their unofficial ombudsman with the staff and administration.  I use all of those experiences when I consult with those who are indicted and who are going through this process.  I know that my time spent with these people and their families is going to make their experience more bearable – the time before prison, the transition to prison, and their stay as a “guest of the government.”

I pay particular attention to those things that can make sentences as bearable and as brief as possible.  I also know that, because clients are not distracting their lawyers with questions that I can answer, their entire legal team functions more smoothly.

WhiteCollarSentencingConsultants.com

310-560-8000

If you have been charged with a crime, it is crucial that you hire legal representation immediately. The chances of getting your charges reduced or dismissed are greatest before the case goes to the Grand Jury. Delaying in hiring a lawyer might negatively impact your ability to receive the best possible outcome for your case.

However, it is important to choose the right attorney. A skilled and experienced <a onClick=”javascript:pageTracker._trackPageview(‘/outgoing/article_exit_link’);” href=http://www.centralmslaw.com/criminal-defense.html>criminal defense lawyer</a> can greatly increase your chances at receiving a favorable deal from the District Attorney’s Office. On the other hand, if you choose a lawyer who lacks the skills, experience, and connections to properly advocate for your interests, you may find yourself receiving a harsher sentence.

Look for a Lawyer with Experience in the District Attorney’s Office

Many criminal defense attorneys began their careers working in the District Attorney’s Office, gaining invaluable experience assisting local law enforcement in the preparation and prosecution of criminal cases.

An attorney who possesses this experience can anticipate the strategies used by the prosecution in the event that your case goes to trial. This may greatly aid in his ability to prepare your defense. Furthermore, your attorney will have an established rapport with the legal system that can be highly beneficial if your case goes to trial.

Of course, it is not essential to hire a lawyer with experience working in the District Attorney’s Office. There are many excellent criminal defense lawyers who lack this experience. However, this experience can only help your cause and ensure that your lawyer thoroughly understands the strategies the prosecution will use in trying your case.

Choose a Lawyer with Experience Handling Similar Cases

You should choose a <a onClick=”javascript:pageTracker._trackPageview(‘/outgoing/article_exit_link’);” href=http://www.centralmslaw.com/choosing-defense-lawyer.html>criminal defense lawyer</a> who has a great deal of experience handling cases involving the crime with which you are charged. For example, if you are arrested for <a onClick=”javascript:pageTracker._trackPageview(‘/outgoing/article_exit_link’);” href=http://www.centralmslaw.com/dui.html>DUI</a>, you want to make sure that your lawyer has handled many DUI cases in the past.

It is also a good idea to inquire about your lawyer’s track record with cases involving your particular crime. While this cannot guarantee a similar outcome for your case, it can help you feel confident that you hired the right person for the job. If your lawyer has never been able to secure favorable judgments for clients charged with your crime, you probably want to keep searching.

Choose a Lawyer with Trial Experience

If your lawyer cannot arrange a favorable plea agreement for you, then your case will go to trial. You want to make sure that your lawyer has a great deal of experience handling the complex issues that arise in a criminal trial. The stakes are very high in criminal trials, and if your lawyer does not win the case, you risk a harsh sentence.

If you are suspected of drug crimes of have been arrested for them, then hiring a criminal defense lawyer should be high up on your to-do list. Few people realize just how important it is to have high quality legal representation. The prosecution will realize how important representation is, and so it’s very important that you get yourself the best criminal defense lawyer you possibly can.

Sometimes you may be better off by taking a plea bargain, however there are also some other cases where you would be better off taking your case to trial. If you choose criminal defense attorneys with less experience then they may be more likely to push for a plea bargain to get your case dealt with as quickly as they possibly can. An attorney with lots of experience will be able to decide more about your case and give you reliable advice. The law can be very confusing and any criminal defense attorney with lots of experience dealing with it will understand how best to deal with your case.

Drug charges can be very confusing. There will normally be a number of different charges against someone who is charged with drug offenses. There are subtle differences between possession with intent, possession, and drug trafficking. Your lawyer should understand the differences and be able to explain them in a way that you can understand. criminal defense attorneys should understand everything about drug related charges and they should be able to help you reduce the charges to a minimum, win, or get the charges dismissed.

It’s also worthwhile considering alternatives to criminal prosecution; sometimes the judge may consider a drug rehabilitation program. These programs might not only keep you out of jail but they might also be a way to improve your life. These will also help to keep you from getting a criminal record. Choosing a criminal defense attorney with experience dealing with drug related cases is a must, they will be aware of all the tricks and solutions which they can use to get you off the hook. They should be able to help you get out of this tricky situation with ease.

Any good criminal defense lawyer also needs to have a very good understanding of human nature. The lawyer needs to be able to convince the jury, the prosecution and the judge. An experienced lawyer will know how they should present the evidence to the court and how they should fight against your case. They are also skilled at handling defense cases which can sometimes be uncomfortable.

You must find an attorney which works on your side and you need to feel comfortable with your lawyer. It’s important that you are honest with your criminal defense lawyer and share all of the information with them. They will only be able to do their job properly if they are armed with all of the correct information.

When choosing an attorney it’s important to choose one which is experienced. Try to choose representation which has handled similar cases previously and has had good results.

Being charged with a crime is not something that anyone would actually enjoy, being accused of theft is even more worrying. There are lots of different forms of theft charges and some of these are felony charges while others are seen as a misdemeanor. Understanding all of these types of theft is complicated and confusing.

The first thing that you should do is find yourself a criminal defense lawyer who will be able to defend you. A criminal defense attorney with lots of experience will be able to help you understand the charges and come up with the best course of action. Talking to a lawyer will be the only way for most people to get an understanding of the charges, once you know what you have been charged with and how to go about defending your case you stand a much better chance of succeeding.

The bill of rights means that you are guaranteed to have access to legal representation, however simply using a court ordered attorney will not be the best way to deal with the charges. These attorneys may try to work with your best intentions in mind; however they deal with so many different types of cases which means they may not have specific experience. This means they may be lacking the experience necessary to represent you properly. You will want to have a lawyer who has lots of experience handling cases which are similar to yours.

Court ordered attorneys are also very busy people who often have lots of cases on their books at the same time. This means that they will probably want to settle for a plea bargain as soon as possible. This might be a suitable option, but at other times you might be better off taking your case to court. You need to choose a criminal defense lawyer who is willing to take the case to court if necessary.

If you feel that taking your case to trial is the only way to go about things then you should choose a lawyer which has experience with trials. These lawyers will have experience with how to present evidence to the court. They must also be able to use human knowledge to their advantage to convince the jury and judge. The more courtroom experience an attorney has, the more likely they will be able to build a strong case in your favor.

When you’re looking for the right lawyer you need to make sure you are comfortable when talking to them. It’s very important that you give your lawyer truthful answers as this will help your case. Many people who are charged with theft are not comfortable to talk about their case with anyone else, including their lawyer. You need to find a criminal defense attorney who you will trust and feel comfortable with.

Another key thing to think about is how successful the attorney is. All lawyers are surprisingly human, and this means that they have all lost cases in the past. It’s impossible to find a lawyer with a 100% success history. Make sure you find a lawyer who is reliable and has a good success rate. A strong success rate will make it much more likely that you will succeed.

Every day at least one potential client asks me, “What can you do for me?”  It is natural enough.  A person has been charged with a crime; they are concerned about their future; and they are confronted with the expensive prospect of hiring a lawyer to defend them against the charges.  Before they make that expenditure they want to know what they are getting for their money.  Usually when we spend money we get something tangible in return.  Unfortunately, hiring a lawyer is different.

A lawyer cannot ethically tell a client how the case is going to turn out based on an initial consultation.  Before the lawyer can even give an opinion the lawyer has to review the evidence and communicate with the prosecutor.  If the lawyer could promise a certain result the implication would be that justice is for sale.  In other words, the lawyer would be suggesting that if the client just pays a certain fee than the opinions of the prosecutor, judges and alleged victims are irrelevant.   Although there are many problems with the justice system in America, fortunately it is not simply for sale.

To be sure, a lawyer can say things like, “Assuming everything you say is true, based on my experience this is probably what is going to happen.”  However, potential clients should be wary of statements like this.  Everyone is biased towards themselves, and all the more so when the stakes are high.  Few clients, whether they be guilty or not, relate the facts of the case in the same way as the alleged victim does.  As a result often neither the prosecutor nor the court will end up accepting the potential client’s version of events as the whole truth.  Yet the worried potential client wants assurance that things are going to turn out o.k., and that his or her version of events will be accepted by either the prosecutor or the court.  So most often, when a lawyer says, “assuming everything you say is true, this or that will happen,” the client hears, “if you hire me, then the result will be this or that.”

Well, if one should not hire a lawyer based on a predicted result, on what basis should the client hire a criminal defense lawyer?  First, qualifications such as experience; board certification; Super Lawyer ranking; Martindale-Hubbell AV ranking; quality of legal education, etc.  Also, you should meet with your potential lawyer and base your decision on personal rapport.  Ask yourself does this lawyer seem honest, ethical and competent?  Is this the kind of person I want to stand up in court on my behalf and credibly represent my interests?  These are the questions one should ask themselves rather than what is this person promising to do for me.