Facing criminal charges can be an unsettling experience. Even good people sometimes find themselves in legal trouble. Unfortunately, criminal defendants often make their situations worse by committing one of these mistakes. An experienced attorney can help navigate the justice system and avoid these common pitfalls.
Talking to Police.
It is almost never advisable to make statements to law enforcement officers before speaking to an attorney. When police conduct a criminal investigation, suspects might think it will help their case if they give police permission to conduct a search, tell them about hidden evidence, or even confess to the crime up front. With rare exception, volunteering such information to police will hurt the suspect’s case significantly more than helping. Nevertheless, if an officer gives a direct command (such as asking to produce insurance or step out of the car) or asks a simple question that does require divulging damaging information, it is usually a good idea to obey and respond.
Almost anything a suspect says to police can be used against the suspect in the courtroom. Even some comments made prior to a Miranda warning can be admissible. A suspect’s statement made against his own self-interest gives the prosecutor a powerful weapon to implicate him at trial, even if all other evidence is thrown out because it was gathered illegally.
Simply put, talking to police can cause someone to lose their case before it even begins.
Not Challenging the Evidence
The Fourth Amendment to the Constitution prevents “unreasonable searches and seizures.” Certain criteria must be met before police can detain someone or search their pockets, vehicle, or home. If police fail to meet the requirements necessary for a lawful search, the evidence collected as a result of that search can be suppressed by a judge. If evidence is suppressed, that means it cannot be shown to a jury as proof of the defendant’s guilt. This weakens the prosecution’s case and can lead to a more favorable plea offer or outright dismissal of charges.
A defendant will benefit from an attorney who is knowledgeable about Fourth Amendment law. The attorney can ask the court to schedule a suppression hearing, where officers will testify about the facts and circumstances surrounding the search or seizure. The attorney gets to cross-examine the officers and draw out information that could be helpful. At the end of a suppression hearing, attorneys from both sides make final arguments and sometimes submit briefs to the judge, who makes the final decision on whether the evidence will be suppressed or will be admissible.
Winning the suppression hearing often means winning the case. Therefore, it is important to be represented by an attorney who will prepare meticulously for the suppression hearing and knows what arguments to make.
Settling for a Lousy Plea Deal
Almost all criminal cases never reach trial because they are resolved through a plea deal. The prosecution will usually make an offer to the defendant, who, if he agrees to plead guilty or no contest to the charges, will receive a lighter sentence than what he would receive if he proceeds to trial and is found guilty.
In this situation, the defendant needs an attorney with a good working relationship with the prosecutor. Communication is key when negotiating a plea offer. If the prosecutor thinks the defense attorney is reputable, trustworthy, and willing to take the case to trial, the likelihood of a favorable plea offer increases.
The attorney should be mindful of the sentencing range for the charged offense, the parole eligibility guidelines for the offense, what defenses the client may have to the offense, and whether the charges could be amended down to a lesser offense. Furthermore, the attorney should be aware of how the client’s criminal history might affect eligibility for probation or diversion. All this information can be used in the plea negotiation process.
Most prosecutors are taught not to bid against themselves. Thus, their first plea offer is not going to get any better unless the defendant and his attorney are prepared to negotiate. Just like buying a car, neither side usually accepts the other’s first offer, and there is typically room between the two initial positions to strike a deal.
However, some cases cannot be resolved by plea deal. In those cases, the defendant needs an experienced attorney who is familiar with the rules and procedures of trial. The stakes at trial are high, and it is essential to be represented by an attorney with trial experience who knows how to win.
At Hesterberg Law Firm, I help my clients navigate their cases from the initial stages all the way through trial. We Defend Kentucky.