Our Systematic 10 Step Approach
Over the last 30 years I’ve developed a systematic ten step approach for defending criminal cases.
Step One – Free Case Review and Consultation
The first thing we do is sit down with you and discuss your case in detail – for free. We do this because we want to make sure that you understand what you’re up against, what the risks are, and what we can do to help you.
During the meeting we will answer your questions, discuss possible defenses, and describe the next steps in the criminal justice process. We also explain upfront what things will cost and, in most cases, we quote a flat fee once we know what we have to do.
Step Two – Establish Realistic Case Objectives
Everyone would like to have their case dismissed but outright dismissals in criminal cases are very rare. Accordingly, we encourage you to set realistic case objectives so that you can intelligently plan for the future. Setting case objectives also helps focus your defense on what is important to you and what is achievable. It also reduces the all or nothing approach inherent in most criminal jury trials.
Step Three – Reframing the Case
Prosecutor’s see criminal cases and criminal defendants as one in the same. They will try to dehumanize you and present the worst possible evidence against you in order to get a conviction.
We see things very differently. For us, each case and each person is unique and the picture we paint for the jury is designed to tell your side of the case in a positive way and bring out your good points. We offer evidence to show what’s unique about you and your case. This helps the judge see you as a real person instead of just another criminal, and it makes it harder for the state to get a conviction.
Step Four Expedite Discovery
A good offense is an essential element of almost every good defense. Instead of waiting for something to happen in court, we immediately conduct expedited discovery. We want to know as soon as possible how strong the state’s case is and whether there is a legal way to challenge the state’s evidence. This allows us to formulate a cohesive defensive strategy very early in the case.
Expedited discovery also lets us know whether we have to do our own investigation. This is extremely important because it’s difficult to preserve evidence and locate witnesses months after an event occurs.
Step Five – Proactive Case Building
To present you in the best possible light we may need to address any personal or professional problems that could negatively affect the case or that would present a negative image of you in court.
Step Six – Attack the State’s Evidence
We challenge the evidence the state wants to use against you by bringing targeted suppression motions and motions to dismiss.
Step Seven – Create Reasonable Doubt
In every case there’s at least some doubt. We attempt to introduce the additional facts needed to turn a “some doubt” into a reasonable doubt that could serve as the basis for an acquittal or a better plea bargain.
Step Eight – A Unique Defense
Every defense is different. There are literally hundreds of details that could affect the final outcome in a case because, in court, details matter. By personalizing your defense and highlighting the details favorable to you we can get a more favorable outcome.
Simply asserting a generic defense of “not guilty,” says nothing about you and, if your convicted, does nothing to help you get a good result.
Step Nine – Strategic Argumentation
In court you need to put your best foot forward. If the facts are against you, I argue the law and try to get evidence suppressed. If the law is against you, I argue the facts and the equities involved. Either way, by arguing your good points and pointing out the state’s weak points you’re going to get a better result.
Step Ten – Taking You Into Consideration
This is your case and you need to be taken into account. When scheduling court appearances or working out the details of a plea agreement we always consult with you first. If losing time from work is a concern, we try to reduce the number of court appearances. Instead of automatically accepting a date from the court, we take your calendar into consideration. If you get a jail sentence, we work to have that sentence suspended. We do whatever we can to insure that when the case is over you still have your job.