How many cases have you handled?
Hundreds. I've been invovled in defending people accused of capital murder down to DWI's.
I've been charged with something I didn't do, why isn't this case dismissed?
Welcome to the U.S. justice system. This is what jury trials are for. Don't ever believe for one second that the District Attorney's, the United States Attorney, the Judges, the cops, or anyone else invovled in prosecuting your case, is your friend or cares about you. The government will do whatever it takes to convict you. Don't believe me? Just ask any private citizen who has ever had to deal with the justice system. If you've been charged just keep your mouth shut and lawyer up.
The cops lied to me when they arrested me, shouldn't that get my case dismssed?
No. Cops lie all the time. They can do that. It doesn't matter if they lie to you or tell you something incorrect about your alledge crime or what you're being charged with. Actually, they lie to you on purpose so you can start to talk about things your shouldn't.
There's no video in my case, doesn't that mean they have to dismiss my case?
No. The government can proceed with or without a video.
The guy/girl I beat up doesn't want to press charges, why did I still get arrested and why is this case still pending?
Guess what - 95% of domestic violences cases have a spouse that doesn't want to press charges. Once that phone is picked up and someone calls the cops it's too late. If the government picks up the charges it's not up to you, or anyone else, whether they want to proceed to prosecute.
In non domestic violence cases it works the same way. At best, in both scenarios, we turn in an "affidavit of non prosecution," and hold on for the ride to trial.
Can I get probation?
Maybe. It depends on your criminal history, the alledged crime, the prosecutors, and the Judge invovled in your case. Whether probation is on the table can not be determined until your file is reviewed.
Will I lose my drivers license?
Certain offenses will result in a loss of your drivers licesne. Check out the drugs or DWI tabs on the website and they will have more info. But yes, generally, a drug conviction or a DWI conviction where jail time is involved will result in the suspension of your drivers license.
What's the process and how long will this take?
First you get arrested. Then, if you can afford it, you bail out. Then you have your first court date where you are informed of the charges against you and you'll enter a plea of not guilty. If you get charged with a felony you wait to see if you'll be indicted (A good lawyer will start to attack the case at this stage). Then your lawyer starts to do his job by investigating your case and preparing a defense. Then you go back to court a few more times and see if a deal can be reached (if that's where you are going) or you head to a trial. Then, if no deal is reached.....trial.
The entire process for a misdemeanor will last generally 6-8 months (sometimes up to a year or longer). For a felony, if you have any sort of issue to fight about, you are looking at about a year minimum of going back and fourth to court.
What are the most important things to remember?
The government is not on your side, and they do not represent your interests. Keep silient, don't talk, and lawyer up.
The government does not care about your job, your family, or your life, and the only way you will have any sort of victory is if you hang on, fight for what's right, and not let them scare you into pleaing guilty on something you shouldn't.
This is a process. A long, emotional, rough, tough, exhausting process. Stay the course and look to those who love you for support.
Hire a lawyer you trust, not some clown whose prices are the "lowest in town!".... You'll end up behind bars for sure.
Never, ever, give up.
