Law Blog!

Trial experience is essential when you are searching for good representation.  You want a lawyer who is very familiar with investigating and preparing motions, and is well respected and effective at negotiating.  Many cases never go to trial, so the attorney you choose must be a great negotiator.  Many firms offer free consultations, and this is a good time to question the lawyer about your defense strategy, and why they believe that their methods will be successful in reducing or even eliminating the charges against you.

A well seasoned Kansas City criminal defense attorney is not timid, and will work aggressively to insure that you get justice.  They will work closely with you to make certain they understand every detail of your case, and do not simply take the word of what the prosecutor claims took place.  You do have a say in your behalf, and it is your duty to make sure that you take an active role and explain carefully the circumstances that caused you to be in the position you are in.

Often, defendants make the mistake of hiring someone to represent them based purely on cost. When you go the cheapest route you can find, you are putting your very future at risk.  Many lawyers do not have trial experience, and do not have the personality and dominating demeanor that it takes to fight aggressively for you.  Do yourself the biggest favor of your life, and make certain that who you choose has vast experience and is not afraid to do whatever it takes to secure optimum results.  It is your future that is on the line, and you do not want to take any unnecessary risks.

All Kansas City criminal defense attorneys are NOT the same!  Some are relatively new, and do not have the background experience necessary to do justice for you.  Others simply do not have the personality and willingness to fight that you truly need on your side.  Consider your options carefully, and you will be certain to benefit substantially in the end.

The fundamental right of every person is to be given a fair chance of hearing when charged with any offense. Criminal defense lawyers play a vital role in verifying the crime. Often fear, panic surrounds people when charged and as such they require someone who is not only knowledgeable but also can represent them in all fairness. Let’s see why criminal defense attorneys are crucial.

Law and its nuances – Ignorance of law can lead to many offenses. It is vital to know the law and various offenses under it. Criminal law divides crime into two categories- Felony and misdemeanor. Felonies are the more serious crimes which include murder, theft, rape, sabotage, physical assault etc. These crimes usually attract serious punishments. Misdemeanors are less serious and include trivial offenses such as drugs possession, traffic violations, smoking in prohibited zones etc. Offenders are usually awarded fines in such crimes. Counseling from a well experienced criminal defense attorney can give you a thorough understanding of criminal law, categories of crimes and the relevant penalties and can help you prevent from committing them.

Ignorant offense – Criminal defense attorneys can help you in case of an offense due to ignorance of law. They structure and present the case in the trial concentrating on your ignorance and convince the court for a lesser punishment and encourage you not to repeat the crime.

Minimal penalty – In the instance of any offense, criminal defense lawyers verify the charges and also present the case with a lesser degree of offense. This helps you to get out of the situation with minimal punishment. Also the expertise can be handy to reduce imprisonment to fine. Criminal defense lawyers not only represent you in trials but they also file for motion hearing, cross-examine the prosecutor’s witnesses and even re-appeal if warranted.

Anytime a person is named as a defendant in a lawsuit, civil or criminal, they will need the services of a defense lawyer during the life of the case. While it is possible for people to represent themselves, often this choice is unwise due to lack of knowledge and expertise regarding the law and court proceedings.
There are two types of defense lawyers: public and private. A public defense lawyer, appointed by a court, represents defendants who do not have the financial means to pay for a private defense lawyer, and does not charge any fees to the defendant. Private defense lawyers, personally selected by defendants, can charge fees ranging from reasonable to exorbitant, dependant upon the complexity and notoriety of a case.
When charged with the commitment of a crime, a person needs the representation of a defense attorney, in most instances. For offenses such as DUI, theft, property damage and violent crimes such as assault, rape or murder, a defense attorney is best able to prepare and present the defendant’s case in court.
While minor traffic violations such as speeding or improper passing do not generally require legal representation, serious offenses such as reckless operation or at fault accidents may require the experience of a defense lawyer, especially when a defendant wishes to fight the charges.
In the civil realm, defense attorneys represent defendants in civil suits for matters such as personal injury, home foreclosure, libel, slander, and other offenses that do not fall under the criminal umbrella. Criminal defendants sometimes face civil suits based upon that particular criminal offense.
Defendants acquitted of criminal charges can face civil complaints when plaintiffs seek financial restitution. While prison sentences are not handed down in civil court, the degree of proof needed to obtain a positive judgment for the prosecution goes from beyond a reasonable doubt to a 51% likelihood or preponderance that the defendant is responsible for the charges brought against them.
Defense lawyers make it possible to obtain a higher level of justice for anyone named as a defendant. They have the ability to deal with the complex requirements of the judicial system, and the knowledge to seek out all possible avenues leading toward a positive result for the defendants they represent.
When defendants choose to represent themselves, they will often miss key elements and fail to perform mandatory procedures, thus lessening their chances for acquittal. While general opinion of defense lawyers may be unfavorable, their services are crucial in order to maintain fair balance within the court system.

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