You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to the presence of an attorney to assist you prior to questioning, and to be with you during questioning if you so desire. If you cannot afford an attorney, you have the right to have an attorney appointed for you prior to the questioning. Do you understand these rights?
-Miranda vs. Arizona- 1966
Do I need a Lawyer?
This is the question that we are asked the most. Simply put, if you have to ask the question then you DO need to speak to an attorney. Finding out if you actually need legal representation is one of the main reasons to consult with an attorney. Even if you think that you are "guilty" you must see an attorney to ensure that your rights are protected.
An attorney can provide valuable assistance even if you think that you are guilty. A knowledgeable attorney knows what punishment you should be given for your conduct. Without seeing an attorney you run the risk of being punished too harshly for your wrongful acts.
Your attorney will make sure that you understand your sentence and will help you through the complex process of complying with the requirements placed on you by the court.
How can I get a Consultation?
Consultations are always free. We will often do phone consultations right when you call or you can set an appointment to meet in our offices if your time permits
You are our customer, service is what we sell. Do not use an attorney who only sees you as a paycheck and not as a human being. Don't fall for newsletters that promise too much, they do you no good if you do not have access to your attorney after you sign the contract.
But I am Innocent!
Everyone needs an attorney, guilty or innocent. In fact, innocent people need a lawyer more because a jury may not automatically find them innocent.
The criminal justice system is a lot like fishing. When you fish with a net you often get fish that you are not trying to catch, ones that do not belong in the net. When you are fishing there are people who watch the net and throw the wrong fish back into the sea. Our justice system does not afford defendants the same protection as we give to fish. Unfortunately, the criminal justice system does not have a person who decides which fish are rightfully caught and which fish should be tossed back into the water.
The District Attorney has a position known as the "charging DA." This person's job is to look for those cases where the defendant was wrongly caught in the net of justice. The police are supposed to make an evaluation of any arrest, and the facts connected with this arrest, before sending the case to the District Attorney for prosecution. The system fails because the police are taught that they do not have to worry if a case should be sent to the DA for charging because the DA will review the case file before filing a Complaint. The District Attorney is told that the police are evaluating all cases before they are sent to the DA's office so the DA need not worry about the validity of the charge; they just file away.
This causes cases not to be reviewed and even the most obviously inappropriate cases are charged.