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You
wouldn't perform brain surgery on yourself, and it is unlikely you would
go through your
first African safari acting
as your own guide. The reasons are obvious. There is a
great deal of danger, and you count on someone else to have
the knowledge and experience to get you safely through. The same is true with your contact with the criminal justice
system.
ATTORNEYS
THAT EMPHASIZE "AGGRESSIVENESS"
In most cases, it simply is better not to
be overly "aggressive" either in pre-trial matters, or at
trial. Much of criminal law practice before trial consists of
careful investigation and skillful negotiation. This is no place for
an attorney to behave aggressively or unreasonable... at least not if
they know what they are doing! Even at trial, most experienced trial
lawyers know that being aggressive and unfriendly is likely to turn
off the jury and everyone else.
While
there certainly are situations that call for an aggressive
cross-examination of an accuser or other witness, an experienced trial
attorney knows that under most circumstances it is better to appear to
the jury as a professional and reasonable defense attorney because that makes it much
more likely that they will adopt the defense's version of events and
acquit their client. Usually if the jury doesn't like the attorney,
its bad news for the client. In fact most prosecutors want
obnoxious aggressive
defense attorneys because they know the jury will not like them or
their client.
It's a tough lesson to learn for the first time after your trial is
over.
INEXPERIENCED
OR UNETHICAL CONDUCT
You should be
wary of firms that promise to "take every case to trial,"
because in some cases going to trial is not the best option for the
client. Usually, if an individual accused of a crime goes to trial and
loses, the penalties are much higher than had that person had earlier
accepted a plea bargain. Some inexperienced or unethical
lawyers, however, urge their clients to go to trial even though it is
not in that client's best interests because they can then charge the
client the additional fees.
When these attorneys go to
trial and lose, they then either blame the system for being unfair, or
blame the client for not convincing the judge or jury that they were
innocent. It is the client who pays the ultimate price for
this incompetence, usually by receiving a much longer jail term than
had the attorney negotiated a plea bargain. Few things are
as heartbreaking to see as a person who should have pleaded guilty and
received a light sentence or probation, instead going to trial at the
urging of an incompetent attorney, and then ending up being
sentenced to long years in state prison.
THE
STEINBERG LAW FIRM MEANS EXPERIENCED CRIMINAL DEFENSE
The
Steinberg Law Firm is dedicated to defending people accused of
all crimes. For many years we have been taking these cases
to trial and, unlike some law firms who advertise that they are
"trial lawyers" despite never having taken a criminal case
to jury trial, our firm actually does try cases. However,
we also recognize that sometimes, after an intensive and thorough
investigation, it becomes clear that the evidence against our client
is so strong that it would not be in his or her best interest to go to
trial.
In those cases, because of our experience in dealing with
judges and prosecutors in Metropolitan Denver over many years, we have
been very successful in obtaining the best plea bargain available for
our clients who have been accused of crimes.
Specialized knowledge
Because
most people only get their knowledge about the system from movies, books or television, they have a great number
of questions. What could happen to me? How do I get out of jail while fighting the case?
How many court appearances
will there be, and do I have to be present for each of them?
What if the officer never read me my rights?
As in most areas of life, experience makes a difference. Only experienced lawyers, intimately familiar with criminal
law, the criminal justice system and the facts can answer these questions quickly and correctly.
You need answers
and guidance.
Case Preparation
A
seasoned attorney's experience may be helpful in deciding how to attack your case.
Do you need an investigator
to locate and interview important witnesses, and collect key evidence?
Do you need an expert to review your case,
such as a toxicologist, arson investigator, or mental health professional? Will you need that expert to testify
at trial? An attorney must have worked with licensed investigators and qualified experts in many cases and have established
important contacts with professionals who know how to help build your case into a winner.
Trial Experience
Attorneys
can only evaluate a case if they have the experience to tell you what can happen to you, and the reputation that
they will aggressively represent you at trial if necessary.
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