For a Denver criminal defense lawyer, not everything is about fighting. Sometimes getting the best deal for a client is about pleading out as opposed to going to trial. In fact, stupidly going to trial can cost a client hard time a lot of the time. But the decision of whether to go to trial or not isn't a binary one. It's also about getting the best deal for a client.
Part of this involves the criminal defense lawyer building and presenting his case in the best way possible. The prosecutor has a ton of discretion over how the case proceeds, the defense lawyer not so much. If I can convince the prosecutor that he can prove the defendant guilty beyond a reasonable doubt, he may simply drop the charges without proceeding further. Of course in many cases that's not feasible for a number of reasons (often the prosecutor feels the case is strong enough, either that or his hands are tied by regulations).
In that case, it is a delicate dance of negotiation. Most criminal defense lawyers got into this area to fight, so this is a bit different. But at the same time, we have to get the best outcome for our clients. In negotiation there are two keys. One is simply the interpersonal aspect. If the prosecutor likes me and likes my client, he'll offer a better deal. So it's all about building a working relationship with the prosecutor, and painting the client in a sympathetic light. That's pretty simple sounding but there is an art to it and there are a number of secrets.
The second key is negotiation stance and how to handle information. I want to show the prosecutor that I'm dealing from a position of strength, which means explaining some stuff about the case we've built. But I also don't want the whole thing out in the air, because that will weaken my stance if we do proceed to trial (that is, unless the case I've build is bulletproof, which is basically never). After that, it's just about deciding how hard a line to take, and making sure my client is aware of the risk inherent in going to trial as balanced to the benefit of the possible plea bargain (but the certainty that the plea will result in a conviction probably on a lesser offense).
Monday, June 4, 2012
Denver criminal defense lawyer / don't drive on a suspended license
As a Denver criminal defense lawyer, I have pretty strident opinions about non-violent offenders being overpunished with jail time. That's particularly the case with drug offenses, of which the prison population is overwhelmingly comprised. It's relatively silly to put people who aren't going to hurt other people away... so they won't hurt people. Drugs can be bad, but really what's worse is what happens to people in prison.
That said, there's one type of non-violent and relatively non-threatening offense that even a Denver criminal defense lawyer can't help you out with very much. It's a relatively benign sounding traffic offense. That's right, driving without a license or driving after your license has been suspended can get you in serious trouble. Part of this is that the state doesn't want people flouting its authority. Part of it is that it deprives the state of the opportunity to regulate licensing. In any case, the punishments for driving on a suspended license are dramatic.
First, you will face jail time. A first offense for driving on a suspended license will result in 5-30 days in county jail. Unlike other jail sentences, the jail time in this case can not be suspended. Jail is a bad place to go. In most cases, the prosecution will be lenient enough to allow for in-home detention, which is quite a bit better. However, it's still incredibly inconvenient and will disrupt your life.
Second, you'll face a license suspension. For a first time offense, the Department of Revenue will add 12 months of suspension to your license. And that suspension can't run at the same time as any other suspensions on your record. So if you're two months away from getting your license back, prepare for another year and two months of taking the bus or riding your bike (good luck with that in the winter, and I've tried).
Finally, Colorado has something called the habitual traffic offender statute. The details are complicated and I might get into it a little bit more on a future entry on the Denver criminal defense lawyer blog. But the basic upshot is that there is a tallying system of points, sort of similar to the points system for suspending a drivers license. These points are a lot harder to get fortunately, but the punishment is also a lot more dramatic. Tally up enough points (and one way to do this is drive on a suspended license three times) and you'll be riding your bike everywhere for five years. The upshot of all this is pretty simple: if you get your license suspended don't drive. It's not worth the risk, no matter how carefully you think you drive.
That said, there's one type of non-violent and relatively non-threatening offense that even a Denver criminal defense lawyer can't help you out with very much. It's a relatively benign sounding traffic offense. That's right, driving without a license or driving after your license has been suspended can get you in serious trouble. Part of this is that the state doesn't want people flouting its authority. Part of it is that it deprives the state of the opportunity to regulate licensing. In any case, the punishments for driving on a suspended license are dramatic.
First, you will face jail time. A first offense for driving on a suspended license will result in 5-30 days in county jail. Unlike other jail sentences, the jail time in this case can not be suspended. Jail is a bad place to go. In most cases, the prosecution will be lenient enough to allow for in-home detention, which is quite a bit better. However, it's still incredibly inconvenient and will disrupt your life.
Second, you'll face a license suspension. For a first time offense, the Department of Revenue will add 12 months of suspension to your license. And that suspension can't run at the same time as any other suspensions on your record. So if you're two months away from getting your license back, prepare for another year and two months of taking the bus or riding your bike (good luck with that in the winter, and I've tried).
Finally, Colorado has something called the habitual traffic offender statute. The details are complicated and I might get into it a little bit more on a future entry on the Denver criminal defense lawyer blog. But the basic upshot is that there is a tallying system of points, sort of similar to the points system for suspending a drivers license. These points are a lot harder to get fortunately, but the punishment is also a lot more dramatic. Tally up enough points (and one way to do this is drive on a suspended license three times) and you'll be riding your bike everywhere for five years. The upshot of all this is pretty simple: if you get your license suspended don't drive. It's not worth the risk, no matter how carefully you think you drive.
Sunday, June 3, 2012
Denver criminal defense lawyer / Blackmon shows you what not to do
Obviously a Denver criminal defense lawyer needs clients to eat. But I'd much rather my clients didn't get in trouble anyway. That's why it's interesting to see screwing up and getting a DUI isn't below even the richest and most famous among us. Here we see Jaguars draft pick Justin Blackmon got arrested and blew a .24. Basically, a young man with millions of dollars at stake is now in a lot of trouble (though most of his contract is guaranteed, and generally a DUI won't cause a big problem for a professional athlete). But he has seriously harmed his reputation at least for the moment, and for no real reason.
Mistake 1: don't do it.
I don't fully understand why a person with all the money in the world would be driving his own car home from a party. You can call a cab, call a limo, call a friend or a lover or whatever. Just don't drive home. As a sidenote, most NFL teams actually have car services on speed dial. You just call the service, and they'll make sure you and your car get home safely. Hilariously a lot of players refuse to use this free and extremely convenient service. Maybe it is just the super masculine nature of the beast.
Mistake 2: driving like a lunatic
To pull you over, the police require probable cause that a crime's being committed. In the case of a DUI, a lot of times that is swerving back and forth. In Blackmon's case, he was clocked at 60 mph in a 35 mph zone. Well, that's not only dangerous and stupid, it's sure to get you pulled over and flagged for further investigation. This is particularly the case at 3 in the morning.
Mistake 3: admitting anything
In this case, Blackmon admitted he'd been consuming alcohol. Although it's pretty likely you would still be in a lot of trouble even so, why give the cops more ammunition? You have the right to not incriminate yourself, so just ask to speak to a lawyer instead of saying you did something wrong and doing the cop's job for him?
Mistake 1: don't do it.
I don't fully understand why a person with all the money in the world would be driving his own car home from a party. You can call a cab, call a limo, call a friend or a lover or whatever. Just don't drive home. As a sidenote, most NFL teams actually have car services on speed dial. You just call the service, and they'll make sure you and your car get home safely. Hilariously a lot of players refuse to use this free and extremely convenient service. Maybe it is just the super masculine nature of the beast.
Mistake 2: driving like a lunatic
To pull you over, the police require probable cause that a crime's being committed. In the case of a DUI, a lot of times that is swerving back and forth. In Blackmon's case, he was clocked at 60 mph in a 35 mph zone. Well, that's not only dangerous and stupid, it's sure to get you pulled over and flagged for further investigation. This is particularly the case at 3 in the morning.
Mistake 3: admitting anything
In this case, Blackmon admitted he'd been consuming alcohol. Although it's pretty likely you would still be in a lot of trouble even so, why give the cops more ammunition? You have the right to not incriminate yourself, so just ask to speak to a lawyer instead of saying you did something wrong and doing the cop's job for him?
Friday, June 1, 2012
Denver criminal defense lawyer / employer reactions to drugs
This isn't something I strictly deal with as a Denver criminal defense lawyer, but it is close to my heart because I have clients who deal with drug possession charges. It appears the Supreme Court will not hear a challenge to a law that allows companies to fire employees for taking controlled substances. That includes medical marijuana even if the patient has a perfectly valid prescription.
Essentially it works like this. Employment law cases start in a totally different court system than criminal law cases. When you apply for unemployment benefits, it goes to an administrative law judge. These are judges who deal with a different sort of law that exists totally under the governor. They don't really look at the statutes as much as the administrative code. In this case, even though the employer challenged the application for benefits, the employees won.
The employer then challenged that ruling to a district court. That's a more typical court, part of the judicial branch instead of the executive, charged with applying the laws and constitution, etc. In that court, the employer won. After two more appeals, that's become final. Like I said though this isn't a problem for criminal defense lawyers, it does indicate something about the state of marijuana law among the judicial branch. Probably the only real chance that this actually gets changed is through referendum.
Essentially it works like this. Employment law cases start in a totally different court system than criminal law cases. When you apply for unemployment benefits, it goes to an administrative law judge. These are judges who deal with a different sort of law that exists totally under the governor. They don't really look at the statutes as much as the administrative code. In this case, even though the employer challenged the application for benefits, the employees won.
The employer then challenged that ruling to a district court. That's a more typical court, part of the judicial branch instead of the executive, charged with applying the laws and constitution, etc. In that court, the employer won. After two more appeals, that's become final. Like I said though this isn't a problem for criminal defense lawyers, it does indicate something about the state of marijuana law among the judicial branch. Probably the only real chance that this actually gets changed is through referendum.
Thursday, May 31, 2012
Denver criminal defense lawyer / waiting
One of the things I do a lot of as a Denver criminal defense lawyer is wait around. Is this a dirty little secret? Does that mean I don't add value for you in helping solve your legal issue? Hardly. For one, you basically need competent counsel to avoid being screwed over in the system, which is incredibly complex and difficult to navigate. Second, a lawyer will save you time out of your day and will be able to handle the lines more efficiently than you can.
If you try to go through and handle your case on your own, you'll find you wait in a ton of lines. There is a line to talk to the judge at the arraignment. There is a line to wait for the clerk and set the next date. There is a line at the collections window if you want to pay that day. And of course it's important to get there early to make sure you don't piss off the judge. You're already in enough trouble. And court doesn't operate at a different time from your job or other obligations. That means you've got to take time off, lose money, and generally sit around a lot.
So one thing a Denver criminal defense lawyer can do for you is wait in a lot of lines for you. We usually don't have to wait in exactly the same lines. Some of the hearings can be waived. Some courts give priority to represented parties so Denver criminal defense lawyers can meet with the prosecutor or the judge right away. Otherwise, an attorney can frequently schedule several clients together so he only has to meet with the prosecutor once. That means where it would take you an hour to wait in line, a lawyer only takes a few minutes out of his day, and can save you money effectively.
If you try to go through and handle your case on your own, you'll find you wait in a ton of lines. There is a line to talk to the judge at the arraignment. There is a line to wait for the clerk and set the next date. There is a line at the collections window if you want to pay that day. And of course it's important to get there early to make sure you don't piss off the judge. You're already in enough trouble. And court doesn't operate at a different time from your job or other obligations. That means you've got to take time off, lose money, and generally sit around a lot.
So one thing a Denver criminal defense lawyer can do for you is wait in a lot of lines for you. We usually don't have to wait in exactly the same lines. Some of the hearings can be waived. Some courts give priority to represented parties so Denver criminal defense lawyers can meet with the prosecutor or the judge right away. Otherwise, an attorney can frequently schedule several clients together so he only has to meet with the prosecutor once. That means where it would take you an hour to wait in line, a lawyer only takes a few minutes out of his day, and can save you money effectively.
Friday, May 25, 2012
Denver criminal defense lawyer / competence and fear
When you hire a Denver criminal defense lawyer, you might think there is an obligation that he will be competent. Well, there is. It's rule #1 of attorney ethics. But it's also a pretty complicated and difficult thing to enforce. First of all, a client hires the lawyer to be an expert. How's the client supposed to know when the lawyer is acting competently or not? The answer is they often don't. Obviously if a lawyer screws up enough, a prosecutor will see it, or a diligent client will finally catch on. But still, some of this stuff is scary.
In this vein I bring you Brian Rakofsky. Although he's not a Denver criminal defense lawyer (he practices in New Jersey), the story is instructive here. Basically straight out of law school he decided he could handle a murder trial. First chair, without help. The prosecution offered his client five years in prison. He told his client to turn down the offer. He then proceeded to completely screw up the trial, to the point where the judge had no choice but to declare a mistrial. Rakofsky had no idea what he was doing, to the point where he apparently couldn't serve process on witnesses. He was happy about the mistrial, with no regard for the fact that (1) his client was sitting in jail the whole time and (2) he had taken the 5 year offer off the table and his client would not be sentenced to 10 years.
And what did the State Bar of New Jersey do? Nothing, at least yet. He had his licensed suspended for a few months for failing to pay his fees (lawyers are always really concerned about money). But other than that, he'll be free to take more clients assuming he can get them, having had his professional reputation sullied all over the internet. I'd like to say you couldn't say the same thing for Denver criminal defense lawyers, but I'm sure there are some bad eggs out there willing to take your money. So pay attention to your lawyer's experience, and more importantly make sure your lawyer knows what he's doing when it comes down to the actual trial.
In this vein I bring you Brian Rakofsky. Although he's not a Denver criminal defense lawyer (he practices in New Jersey), the story is instructive here. Basically straight out of law school he decided he could handle a murder trial. First chair, without help. The prosecution offered his client five years in prison. He told his client to turn down the offer. He then proceeded to completely screw up the trial, to the point where the judge had no choice but to declare a mistrial. Rakofsky had no idea what he was doing, to the point where he apparently couldn't serve process on witnesses. He was happy about the mistrial, with no regard for the fact that (1) his client was sitting in jail the whole time and (2) he had taken the 5 year offer off the table and his client would not be sentenced to 10 years.
And what did the State Bar of New Jersey do? Nothing, at least yet. He had his licensed suspended for a few months for failing to pay his fees (lawyers are always really concerned about money). But other than that, he'll be free to take more clients assuming he can get them, having had his professional reputation sullied all over the internet. I'd like to say you couldn't say the same thing for Denver criminal defense lawyers, but I'm sure there are some bad eggs out there willing to take your money. So pay attention to your lawyer's experience, and more importantly make sure your lawyer knows what he's doing when it comes down to the actual trial.
Denver criminal defense lawyer / value added
In addition to being a Denver criminal defense lawyer, I'm also a big fan the the National Basketball Association. One thing that's even more clear with the NBA than with the law is that it's all about money. Particularly, it is all about how much value a player is adding to his team in relation to his salary. This isn't just about the owner's pocket book, it's also about putting a winning team out there. You see if an NBA team is paying Rashard Lewis like LeBron James (he's actually making more, can you believe that?) they can't spend the money elsewhere and can't win games. So a team needs to figure out how much value a player is adding in terms of how many games he's helping the team win.
You should do the same when looking for a Denver criminal defense lawyer. Attorneys fees are not cheap. There are a couple things you can do to make sure your lawyer is adding value. First, just ask. For minor traffic infractions and offenses, it's possible an attorney's fee simply won't be worth it. Sometimes the plea deal we can get is no better than the one you get simply by paying the ticket, then you'll have to pay the fee which might be as much as the ticket in the first place. It's worth having a Denver criminal defense lawyer look at the ticket, because it's possible he can get it dismissed, but don't pay unless you are relatively certain it will be worth it.
In cases where it's not this simple, the calculus is a lot more basic. Lawyers do add value, because you probably have no clue how to go about handling your own case for 90% of crimes or offenses. Even the plea bargain involves complicated considerations about the probability of winning at trial that a person with experience can help you with tremendously. So tread carefully with more serious stuff, but for a traffic ticket make sure you are getting some value for your fee.
You should do the same when looking for a Denver criminal defense lawyer. Attorneys fees are not cheap. There are a couple things you can do to make sure your lawyer is adding value. First, just ask. For minor traffic infractions and offenses, it's possible an attorney's fee simply won't be worth it. Sometimes the plea deal we can get is no better than the one you get simply by paying the ticket, then you'll have to pay the fee which might be as much as the ticket in the first place. It's worth having a Denver criminal defense lawyer look at the ticket, because it's possible he can get it dismissed, but don't pay unless you are relatively certain it will be worth it.
In cases where it's not this simple, the calculus is a lot more basic. Lawyers do add value, because you probably have no clue how to go about handling your own case for 90% of crimes or offenses. Even the plea bargain involves complicated considerations about the probability of winning at trial that a person with experience can help you with tremendously. So tread carefully with more serious stuff, but for a traffic ticket make sure you are getting some value for your fee.
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