Did you know any criminal case can be challenged?
A knowledgeable lawyer can spot the issues that will work for you. Did you know:
- You are presumed innocent. You have a right to a jury trial. This always creates a series of hardships for the prosecution. The State has the burden of proving you guilty of each and every element of the case beyond a reasonable doubt. Many cases have been won by holding the State to its burden. Too many defendants are 'buffaloed' into pleading guilty to innocent things. Legal experts have said that over one-third of those who plead guilty could have won their case.
- You have the right to confront witnesses and proof against you. A skilled lawyer can 'cross-examine' witnesses and proof against you. Many cases have been won simply due to a skillful 'cross-examination.' These rights are among most important liberties and can work for you. You may not even need to testify.
- Was there probable cause to arrest you? Was there probable cause for the search warrant? Were the witnesses credible, if so, how do the police know?
- Is the so-called science against you reliable or is it just plain 'junk science'? Were the tests done correctly? Is the crime lab properly certified? Did the technicians have the training and follow the proper procedures? What do their 'bench notes' say? Was the blood test against you left in an 'uncooled' car trunk? Did someone check and log the temperature in the lab refrigerator? Did the police do tests in a manner guaranteed to make you fail according to the police manuals? Did they take blood in an unsanitary place? Are they trying to use a hospital blood test for alcohol or drugs against you? Could the evidence against you be contaminated? Could officers have disabled the test so that you could not pass? A Knowledgeable lawyer can prepare and file proper motions of discovery that can find out. Not only that, a knowledgeable lawyer can move to suppress the State's main evidence. Willard Hall has had experience in suppressing evidence for all of the reasons cited.
- Is the evidence against you just hearsay? Did anyone actually see the evidence against you or is it just based upon bogus police reports? Were the police discourteous and unprofessional? Did the police get a confession out of you after lying and causing you great fear? Did the police inform you of your right to remain silent... Miranda rights?
- Did the law enforcement set you up... entrapment? Did you act in self-defense or in defense of third persons? Did you act out of necessity? Did you act out of duress? Was your conduct justified? Did you act out of a mistake?
- Prompt intervention with the prosecutor. In every case we file a discovery motion and demand all evidence against you that may be construed in any way as benefiting your case... exculpatory?. Simply because you were arrested does not mean the prosecutor has to go forward with the case.
- Diversion Programs. Maybe you are a good person and you need time to show this is a 'once in a lifetime thing.' Maybe you have a drug problem, or a disorder that makes you talk, walk or act unusually or even steal things. Maybe you are a youthful offender who just 'went along with the crowd.' Maybe you stole clothing for your kids when you were out of work. I know about the programs that can postpone and maybe even get your case dismissed without a conviction.
- Plea Bargains. Maybe you should consider sending up the white flag of surrender if the prosecutors can cut you a great deal that would allow you to get the case behind you, keep your job, and let you stay out of prison or jail. An agreed-upon disposition can be useful in some circumstances. If you intend to go this route, you should only negotiate from a position of strength, not weakness. That's why you need a lawyer who is prepared to go all the way to trial, if necessary. Prosecutors know to fear and respect some lawyers; others just get their laughs.
- Withholding of adjudication. Maybe you qualify for a sentence or probation without a conviction.