 |
|||||||||||||||||||
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|||
 |
 |
 |
 |
 |
 |
 |
 |
||||||||||||
 |
 |
 |
|||||||||||||||||
 |
 |
||||||||||||||||||
IMMIGRATION
LAW
|
 Preparing to Win Why do we win? The reason is simple we approach every case to find the angle that will win the case, not just move the case. Why do we do this? Simple, we know the stakes for a conviction are too high for most of our clients. Many of our clients are immigrants and cannot afford to lose their case. If they lose, they get deported even after decades of legal residence. Additionally, our clients are select. Most of our clients are the type that think that a conviction is not an option for them. They cannot have a conviction on their record. They want to protect their reputation, their jobs, their family and do not want to be scarred, labeled or embarrassed for their rest of their lives. Moreover, we take no court appointments. We do not bow down to the system. We are private lawyers who are funded solely by our clients. We do need the government’s money. We do not want to succumb to the will of the government or even give the appearance that we ever will. Lastly, we care and we are professionals who want to do things to the best of our ability so that we are proud of our work. Money is not everything. We want our clients to remember and revere us as so many in our past have. It is one thing to build a reputation, it is another to keep it. We eagerly take on the challenge having an impeccable reputation. How do we win? Thorough pretrial investigation is essential to the proper representation of a criminal defendant. An attorney must be fully in command of all the facts of the case in order to properly defend a person. A proper investigation affects all stages of the case, from the setting of bail to a motion for new trial. Since information discovered during the course of the investigation can result in action such as a favorable bail disposition an attorney should undertake the investigation as soon as possible after being retained. Proper investigation will also aid counsel in determining if the state has conducted an adequate investigation and, if so, whether its failure to do so has prejudiced the defendant in any way. An attorney should in investigate in preparation for a jury trial. An attorney can always use facts gathered for trial to command a good plea bargain. However, if no plea bargain is struck the case will have to proceed to trial, the attorney will be ready. An attorney should have a theory of the case when investigation is undertaken. An attorney must be prepared to alter this theory if important new facts are discovered. A theory will highlight discovered facts that may otherwise not have seemed relevant. The investigation of a criminal case may be divided into the following general categories of investigative activities: (1) the collection and preservation of physical evidence; (2) interviewing witnesses; (3) photographing and videotaping locations relevant to the case; (4) performing research in public and private records; and (5) in rare instances, performing surveillance. It is important that if a client determines that they are going to win their case at trial, that they also realize that proper investigation and preparation of their case will take a lot of time and thus, may end up costing more monetary resources. Counsel should also be aware of how the police conduct these types of investigations. If the case goes to trial, counsel should be prepared to cross-examine the officers who performed the investigation about any failure to follow police procedures. Counsel should also be alert to whether the police pursued all information that could have shed light on the offense or whether they pursued only information that was consistent with a preconceived determination that the defendant was guilty. Making sure that all of these things are done is the best way to prepare to win! Familiarity with all the facts, proper investigation and a good trial theory increases an attorney’s chances of succeeding at the case. Another important point of a trial or even a plea negotiation is that if the prosecution fails to present certain facts that are necessary for the jury to understand the defense theory, defense counsel will be prepared to present those facts.
|
 |
|||||||||||||||||
 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
© Copyright 2005. All rights reserved. Website designed and maintained by
