17 Secrets of Successfully Defending Your Case

SECRET #1: If you are anywhere near the scene where a serious violent crime was committed, it is generally not a good idea to volunteer to give information to the police as a “witness” until you’ve spoken to an attorney. You may inadvertently say something that the cops will believe makes you an accomplice to the crime. Exceptions might be telling police which way a possible suspect went, how many there were, what they were driving, or what they looked like. Otherwise, just provide the police with your name and contact information, and then call an attorney immediately. Your attorney can arrange an interview with police the next day to provide a complete witness statement.

SECRET #2: If you are arrested or detained during a criminal investigation, TALK TO NO ONE!!!

SECRET #3: If you are arrested, immediately request an attorney. The police are obligated to allow you to attempt to contact one. Often it is easier to call a trusted family member and have them attempt to contact an attorney, especially if you are arrested at night. However, do NOT discuss the particulars of the arrest or the circumstances surrounding it over the phone with relatives or loved ones. These are not privileged communications and could be used against you at a later date if you are charged with a crime.

SECRET #4: NEVER leave statements about the incident on Voicemail of a relative or friend. Anyone could be playing those messages back, and they are not private or privileged.

SECRET #5: DO NOT write yourself any notes or summaries of the incident, as these can be seized and used against you. This includes emails to anyone other than your attorney.

SECRET #6: NEVER give the police an oral, written , or taped statement without first speaking with an attorney. Don’t sign anything without first consulting an attorney, no matter how “routine” the cops tell you it is.

SECRET #7: Make sure you find an EXPERIENCED criminal defense attorney familiar with the local court system.

SECRET #8: Make sure the attorney you choose has felony trial experience. Many attorneys practice for decades yet never go to trial. Find out what sort of track record they have at trial.

SECRET #9: While you need an attorney immediately, make sure you meet with or speak to your attorney privately at some length before you commit to retaining them. An attorney-client relationship is like a marriage. You need to be able to get along and work together.

SECRET #10: NEVER give police consent to search your home, your car, or private property. Let them get a search warrant.

SECRET #11: Regardless of whether you are held in jail or released, do not leave voicemail messages about the incident or what you know about it on anyone’s phone, and do not leave oral messages with third parties. None of these statements are privileged and all can be twisted and used against you by the police.

SECRET #12: If you are in custody or released, DO NOT have any contact with ANYONE who may have been involved in the incident or even witnessed it. Do not “compare notes” with others who may have been at the scene.

SECRET #13: DO NOT rely on legal advice from non-attorney friends or relatives. What they’ve seen on TV or what they know about what happened to “some guy at work” does not constitute sound legal advice. Likewise, do not discuss your case with other inmates or “jailhouse lawyers” if you are still in jail. If they were so knowledgeable about the law, why are they in jail?

SECRET #14: Plan for investigative costs. In serious felony cases and in some misdemeanor matters, it will be crucial to hire the services of a private investigator and/or expert witnesses. An experienced criminal defense attorney should discuss this with you right up front, so that you will get a grasp on how much an effective defense investigation is going to cost.

SECRET #15: LISTEN to your attorney’s advice -- even if you don’t like what you hear. It isn’t their job to “sugar coat” the situation you’re in when you’re charged with a crime. Try to be realistic and objective.

SECRET #16: LISTEN to your attorney’s advice about preparing for and appearing at trial if a trial is necessary. Meet with your attorney frequently to go over trial strategy and your testimony, if you are going to testify.

SECRET #17: LISTEN to your attorney’s advice about how the jury can be influenced by your behavior in court, regardless of the evidence and testimony. This includes: dressing properly -- not what YOU consider proper, but what jurors will consider proper. Insist that relatives and supporters who come to trial dress neatly and behave with respect. Take notes during trial and interact with your attorney -- remember you are part of a team!