Miracle Smoke
Well-Known Member
WHAT YOU SHOULD KNOW IF YOU'RE
ACCUSED OF A CRIME
by Joyce B. David, Esq.
Foreword by the Hon. Milton Mollen
Presiding Justice Appellate Division
Second Judicial Department
F O R E W O R D:
INTRODUCTION:
CHOOSING A CRIMINAL LAWYER:
It's important to trust your lawyer. His/her job is to defend you and protect you from the system, whether you're innocent or guilty. If you committed the crime or participated in some way and don't feel comfortable telling your lawyer, you should get a different lawyer.
LAWYERS' FEES:
BEFORE YOU'RE ARRESTED:
DON'T CONFESS:
ACCUSED OF A CRIME
by Joyce B. David, Esq.
Foreword by the Hon. Milton Mollen
Presiding Justice Appellate Division
Second Judicial Department
F O R E W O R D:
Anyone confronting the bewildering and, to many, the intimidating and nerve shattering complexities of the New York State criminal justice system for the first time in his or her life, will find Joyce David's handbook outlining the ABC's of the system an invaluable tool in dealing with them.
A highly-respected attorney with a wealth of first-hand experience in all aspects of criminal law, Ms. David's thorough, step-by-step description of what a criminal case is all about, written in language readily understood by the average layman, unschooled in legal procedures and terminology, will do much to ease the pain of that first encounter with the law.
Ms. David, expertly and concisely, spells out just what he or she may expect at every stage of the case, explaining just what will happen and why.
As she points out correctly in her own introduction, those exposed for the first time to the criminal justice system often feel as though they are in a foreign country, with strange new rules, procedures and language.
WHAT YOU SHOULD KNOW IF YOU'RE ACCUSED OF A CRIME provides the anxious "tourist" with a thoroughly professional and knowledgeable guidebook.
WHAT YOU SHOULD KNOW IF YOU'RE ACCUSED OF A CRIME provides the anxious "tourist" with a thoroughly professional and knowledgeable guidebook.
Milton Mollen
Presiding Justice
Appellate Division
Second Judicial Department
INTRODUCTION:
People exposed to the Criminal Justice System for the first time often feel like they're in a foreign country with strange rules, procedures and language.
This handbook is geared to the state system in New York City, but many of the general principles apply to other jurisdictions as well. It's based on over 10 years of experience "in the trenches". It's a realistic, not a philosophical look at the system.
This handbook has general information and shows how cases make their way through the system. Most of the legal terms used are explained in the text or are self-explanatory.
This handbook doesn't deal with specific cases or crimes. There's a lot of information that's just too technical or complicated for this book. If you have specific questions about a case, you'll have to consult a lawyer personally.
The Criminal Justice System, just like the rest of life, is not always fair. That doesn't mean we give up, it just means we try harder.
CHOOSING A CRIMINAL LAWYER:
If you can afford a private lawyer, I suggest you hire a criminal lawyer. You wouldn't go to an eye doctor for a problem with your elbow.
If you don't know any criminal lawyers, call your local bar association, or check with friends or relatives who may have had criminal problems.
It's not a good idea to hire a lawyer who approaches you in the court-house. Lawyers are not supposed to solicit clients that way.
Find out how much criminal experience a lawyer has before hiring him/her. The more serious the charges against you, the more experienced a lawyer you need.
It helps if your lawyer practices where your case is pending. S/he'll know the judges and D.A.s (District Attorneys) and will have a better idea of what you can expect in your case. (The D.A. is the one who prosecutes the case against you.)
You also have an advantage if the judges and D.A.s know and respect your lawyer. They're more likely to listen if your lawyer has a good reputation.
LAWYER/CLIENT RELATIONSHIP:
It's important to trust your lawyer. His/her job is to defend you and protect you from the system, whether you're innocent or guilty. If you committed the crime or participated in some way and don't feel comfortable telling your lawyer, you should get a different lawyer.
You're not helping yourself if you think your lawyer will do a better job if s/he thinks you're innocent. It's not a good relationship if you don't trust him/her enough to be truthful.
Your lawyer can't advise you effectively if you keep things from him/her. everything you tell your lawyer is confidential, even if you eventually hire a different lawyer.
You should ask your lawyer to explain what's happening with case. Don't think your questions are stupid just because you don't understand the system. It's a very complicated system. That's why you need a lawyer in the first place.
Just because your lawyer isn't in touch with you all the time, doesn't mean s/he isn't working on your case.
There will be times when your lawyer may have to give priority to someone else's case. This is most likely to happen when s/he's doing a trial. Trial is the most important and difficult part of a case. It demands the most attention and concentration.
Don't feel slighted if your lawyer can't appear on your case when s/he's on trial with another defendant. It doesn't mean your case isn't important, just that at this time, another client's case needs priority.
You'll appreciate this when your case goes to trial. You wouldn't want your lawyer distracted by less pressing matters when you face your moment of truth.
LAWYERS' FEES:
Lawyers' fees vary depending on the amount of experience they have and the nature of the case. It's better to have a clear understanding about the fee before any work is done, so your lawyer can concentrate on your case and not your bill.
Your lawyer's fee will usually not include any other expenses. You'll probably have to pay additional money for a private investigator, expert witnesses (if necessary), transcripts, etc. Appeals and civil work are also usually extra.
Criminal lawyers usually require most or all of their fee up front. This should all be clearly spelled out in the retainer agreement you sign when you retain the lawyer.
Ironically, innocent people often have to pay higher fees. Because they're less likely to plead guilty, their cases usually require more work, to prepare for and take through trial.
You shouldn't be looking for bargains when your freedom and reputation are at stake.
BEFORE YOU'RE ARRESTED:
The sooner you get a lawyer involved in your case, the better. There are important decisions to be made and rights to be protected, early in a case. If you're accused of drunk driving, you should contact a lawyer before you submit to a breathalyser test.
If you find out the police are looking for you, it's best to call a lawyer before responding to them. If you can't afford a private lawyer, call the Legal Aid Society.
The police are interested in making out a case against someone they suspect committed a crime. They're not your friends, unless you're the victim of a crime. The police may mislead you if they want you to talk to them, and you may find yourself under arrest based on your own statements to them.
DON'T CONFESS:
The police are very good at getting confessions. That's the easiest way for them to wrap up a case.
Even if they use deceptive methods to get a confession, like telling you things will go easier, or that a co-defendant has implicated you, this may be considered good police work, and a judge may allow the D.A. use your statement against you.
If you have a lawyer before you get arrested, s/he can find out if the police want to question you as a witness or a suspect.
If you're a suspect, your lawyer can tell the police that s/he doesn't want you questioned. If they question you after that, they won't be able to use your statements against you, unless they can prove that you blurted out a confession without being asked any questions.
If you're arrested and don't have a lawyer, don't answer any questions or make any statements about your case to the police or the D.A. Don't allow yourself to be video-taped. Whether they read you your rights or not, tell them you want to speak to a lawyer. Don't think you can outsmart the police.
Your silence can't be used against you, but it's very hard to defend you if you've made a confession (or admission). Even telling the police that you were at the scene of the crime but didn't do anything is an admission to an element of the crime.
If you're in jail, be careful what you say about your case to other inmates. You never know when one of them will try to work out his/her own problem by becoming a witness against you.