Criminal Law Services

In General

Many times people just need advice. You don’t have to be arrested to need an attorney. In fact, securing advice from an attorney early in a criminal investigation may obviate an arrest. Investigators often lie to suspects and witnesses in order to elicit statements from them. A common tactic is to use the threat: “You can be a witness or a defendant. Which would you rather be?” Most people feel intimidated, and will often provide information that is detrimental to themselves or to another, thinking an arrest is imminent. Can the police do that? Other questions I’m often asked are:

• An investigator told me to meet with him in his office at the sheriff’s department. Do I have to go?
• A police officer told me I must cooperate in an investigation involving my boyfriend. He said if I refused to cooperate, the State will remove my children from my home. Can they do that?
• My teenager has been experimenting with drugs. Can I be arrested if there are drugs in my house?
• A deputy says he received a complaint from a neighbor and wants to “look around” my property. Should I let him?

Once it is clear that law enforcement intends to make an arrest, it is vital that an attorney becomes involved in each step of the process, such as:

Pre-arrest

• Advice concerning investigations, questioning, and subpoenas
• Extradition
• Grand jury appearances
• Execution of arrest warrants or search warrants
• Arrangements for arrest and bail
• Preservation of evidence and statements
• Hiring of investigators

Post-arrest

• Representation at first appearance
• Motions to set or reduce bail
• Motions to dismiss charges improperly filed
• Motions to suppress evidence illegally seized
• Motions to suppress statements obtained illegally
• Motions asserting speedy-trial rights
• Motions asserting privilege of self-defense

Trial

• Homicides, assaults and batteries:

  Asserting claims of self defense, crime of passion, mistake or neglect, insanity or mental disability, injury due to natural causes or at the hands of another

• Child Abuse:

  Asserting parental privilege, establishing improper influence of related parties, challenging competency of a child witness, challenging medical evidence of physical and sexual abuse

• DUI and alcohol related offenses:

  Challenging reliability of sobriety tests and breath tests, introducing evidence of medical and physical infirmity, demonstrating bias of law enforcement

• Drug offenses:

  Challenging legality of search and arrest, reliability of drug detection dogs, requiring the prosecution to prove knowledge and possession of illegal drugs, challenging the quantity and identification of drugs

• Theft offenses:

  Requiring proof of intent to deprive and value of the property taken, establishing innocent acquisition of stolen property, establishing purchase for fair market value

• Weapon offenses:

  Challenging concealment, possession, or knowledge of weapon, elimination of minimum mandatory penalty where evidence does not support enhancement, assertion of Second Amendment rights

• Resisting and officer, disorderly conduct:

  Challenge to legality of police conduct, assertion of First Amendment rights of speech and assembly, and self defense

• Driving offenses:

  Challenges to the validity of the stop, including roadblock, requiring proof of knowledge that license was suspended, attacking reliability of driving record and enhancements for repeated violations

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