Archive for the ‘Criminal Defense’ Category

DUI and CRIMINAL DEFENSE

DUI and Criminal Charges are very serious and need to be dealt with quickly and appropriately. Although you are feeling apprehension and fear of the unknown, ignoring or avoiding the problem will not make it go away. DUI charges and Criminal charges carry different consequences but they may include jail, loss of freedom and liberty through probation, a criminal record, court costs, large fines, and other sanctions. Even if you are truly innocent and did nothing wrong, you need to deal with charges and do not think for a minute that the criminal justice will protect you. That is my job. To protect my clients.

Our Country provides the best protection against government intrusions and limitations on government actions. These protections and rights are particularly strong and explicit as they pertain to the criminal justice system. These protections are designed and apply to all persons, guilty and innocent alike. However, the criminal justice machine does not operate properly or perfectly all the time. There is an old saying, “Better that 100 guilty men go free then one innocent man be convicted”. However, in this day and age, it appears that Judicial economy, expediency, and the public cries for harsher punishments and less patience is taking over.

If you need proof, that sometimes innocent people are convicted, look at the “innocence project”. They focus primarily on wrongful convictions and use DNA to prove actual innocence. Or look at the number of people that have been released from death row because of lack of or questionable evidence. Or the people that have been released from prison because of newly discovered evidence, or errors by the Court or prosecutor, and even defense lawyers. Then there are the cases of police officers or labs falsifying the evidence or their own credentials. To some, the theory that, “the ends justify the means”, is a justification for the trampling of our rights.

A skilled, experienced, and dedicated DUI or Criminal Defense Attorney can make all the difference. Even if you are not actually innocent but rather not guilty of what you have been accused of or only slightly guilty due to the circumstances, or the police used illegal means to secure your arrest or charges, or there is mitigation that should be considered, or the government can’t prove their case,  then fight the charge. You can always plead later if you determine that is in your best interest. Timing of a plea or the decision to go to trial is a decision that an experienced and knowledgeable Defense Attorney can help you make.

DUI CHARGES

People have been arrested for DUI that had zero alcohol or prohibited drugs in their system. People have been arrested for Drunk Driving not because they were actually impaired but rather because the officer’s “opinion” was that the person was impaired. Some of these people had physical ailments or disease that limit the persons ability to perform field sobriety test but do not hamper their ability to drive.

I have also represented people that allegedly had close to double the legal alcohol level, yet the video of my clients contradict this level of alcohol and called into question the methods used to secure the arrest. An experienced DUI attorney learns how to fight DUI charges and challenge the evidence, not through classrooms or school but through years of actual DUI defense practice and trial experience. The art of cross examination is learned through every trial whether DUI, Criminal, Civil, or Family law in nature. But the methods of cross examining officers and knowing which officers to be nice with and which ones to irritate only comes with experience.

Just because you were arrested for DUI and you provided breath, urine, or blood or refused, does not mean you were guilty or that the state can get a conviction. There are many defenses to DUI and DUI’s are successfully defended. The costs, fines,  and consequences more then justify hiring a DUI lawyer. You have little to loose and much to gain by challenging your DUI.

CRIMINAL CHARGES

Unlike DUI’s, most criminal charges are brought not with the police officer as the witness but rather a complaint by someone else. These charges are often filed based solely on uncorroborated statements by the alleged victim. These statements include allegations that someone hit them but there are no marks, or robbery when it was actually a drug deal that went bad, or the property they bought was defective, or a messy divorce or breakup brings about charges of abuse.

An experienced  Criminal Defense Attorney, can often sort through the contradictions in the evidence and statement from witnesses and victims and resolve the case favorably for their client. Sometimes a letter from a known and reputable defense attorney to the prosecutor can resolve the case without a plea. Sometimes the charge is reduced or the prosecution abandons their case.
There are also motions to suppress and motions to dismiss that can be used when available.

SELECTING AND HIRING A DEFENSE ATTORNEY

In hiring an attorney, here are some things I think you should consider.

• Hiring a lawyer based solely on price: The most expensive Lawyer does not equal the best lawyer and the least expensive lawyer does not mean the worst lawyer.

• Hiring a lawyer based solely on advertising:    It only costs money to have the best looking website, most attractive direct mailer, or the best placement in the phone book. This does not mean they are competent defense lawyers. It only means that they are willing to spend money on advertising. Look through their website. DO they actually know what they speak of and do they seem to truly believe in their role as DEFENSE LAWYERS. Are the pages in their website filled with information or is it just a sales pitch?

• Hiring a Large Defense Firm: If you hire a large firm, make sure you know who your defense lawyer will be. Many times large firms will charge you large fees based on the experience of the most senior or experienced attorney, or will justify their large fees on words such as “team approach” or tout their years of combined experience. Often times they will assign your case to a junior associate or a lawyer new to the area of DUI or criminal Defense law. Know what you are paying for.

• Hiring and paying for a lawyer or a firm over the phone: Hiring and paying for a lawyer over the phone,  without first meeting the lawyer who will be handling your case, is like buying a used car without first test driving it. Don’t you want to know what your lawyer looks like, how they carry themselves, whether they exhibit confidence, how they shake your hand, and if they look you in the eye. I am always amazed when I see a lawyer meeting their client for the first time in court. Although sometimes it is unavoidable, if it isn’t unavoidable, then meet your prospective lawyer in person.

• Remember, you are the boss. You are the person who is making this crucial decision. You are the person whose life will be effected by the outcome of the case. Do not be bullied or rushed into making a decision. Your prospective lawyer should tell you of any time limits or time issues and advise you of the importance of those issues. They should not use time limitations as a whip to get you to sign up.
• Guarantees: A Defense Lawyer should not guarantee a result or outcome. Not all cases are beatable. Sometimes, everything is correct and everything falls into place and your case could be very hard to beat. There is no way to know of what the outcome will be or the odds of prevailing until after the trial and after the jury renders a verdict. Strange things happen in trial and there is no way to predict the outcome.  If your lawyer guarantees or promises you a result have them put it in writing. If they won’t then you know how honest  they truly are.

Good Luck

Robert Tager,
Attorney at Law
(727) 723-1616
(813) 855-7788