You probably don't want to go to trial. The best way to avoid a jury trial and also get a good result is to prepare for trial. First, explore ways of getting the case thrown out, but if the State of Indiana is allowed to proceed and won't back off, then prepare for trial. Does that sound contradictory? Actually, it makes perfect sense. Here is why:
Preparing for trial accomplishes two things: Obviously, it makes it more likely that you will get a verdict of "Not Guilty" if all else fails and the really does go to trial. The other reason is that the State is more inclined to dismiss a case or make a really good offer to a lawyer who is ready, willing, and able to take the case to a jury. Going to trial has been compared to rolling the dice, but the dice are loaded in favor of those who are prepared!
There are lawyers who seem afraid to defend their clients before juries. The prosecutors know who they are and know that they will tell their clients to take whatever plea bargain they offer.
There are lawyers who accept a lot of money and later tell their client that a trial will cost a whole lot more; much more than they can possibly pay. The lawyer says find the money or take the deal the State is offering. The prosecutors knows who these lawyers are. They know their clients usually give up in the earlier stages of the proceedings and take whatever plea bargain offers they make.
My Initial rates are reasonable. I charge a little extra for a trial but not enough to cause anyone to quit and take a plea bargain that is not fair, or give up when they have a good chance of winning. If you were to fall upon hard times and couldn't afford a trial, I would try your case for free out of loyalty and a sense of duty. Once you pay my flat fee, your fight will be my fight and I fight to win.
Initial consultations are free. My phone number is 812-336-9093. You are welcome to call evenings and weekends. I might not be available but I will promptly and discretely return your call. I monitor my email account at schalk999@gmail.com during the day and sometimes the evening.
For over twenty years I have had a license to practice law in Indiana. I defend people who have been accused of misdemeanors and felonies. I apply my intellect, knowledge, and experience in an effort to get accused people completely out of trouble, no matter what they have been accused of doing. There are some cases I will not take; but if I take a case, my goal is total victory. That means dismissal, acquittal, and then expungement of any trace that anything happened.
This message will help you better understand how the legal process works. It might give you hope that you are not necessarily going to end up being convicted of the crime of which you have been accused. Most of what I write in this letter is general in nature, so it does not apply directly to your case, but it shows you how the system works.
If the State's case is strong, I have to discuss the possibility of a plea bargain with my client. I recommend a plea agreements only when there is little prospect for dismissal and it looks as though a jury would probably convict. In my opinion, many lawyers are much too quick to recommend plea bargains. In my law practice, a plea bargain is a last resort, not the first impulse.
Sometimes getting out of trouble involves showing that the accused person could not possibly have committed the crime. This might require the filing of a notice of alibi in the very early stages of the proceedings. Sometimes getting out of trouble involves hanging tough and letting the State try to prove its accusations. Sometimes getting out of trouble involves asserting a defense, such as:
1. Legal authority. 2. Mistake of fact. 3. Self-defense. 4. Temporary insanity. 5. Involuntary intoxication. 6. Necessity. 7. Entrapment.
Sometimes cases are dismissed because the police seized evidence without first obtaining a valid search warrant. Suppression of evidence and dismissal are not automatic. A motion must be filed with the Court. Then a hearing is conducted and briefs are submitted. If the judge realizes that the evidence would not be admissible at trial, the judge grants the motion to suppress. That usually leads to a quick dismissal of the case on grounds that the State can't prove its case without the suppressed evidence. Suppression of evidence can also be obtained after an illegal traffic stop, or after police questioning without prior recitation of the Miranda advisements of the right to remain silent and the right to consult with an attorney.
Sometimes people are convicted of crimes (or have their reputations damaged by pre-trial diversion) for doing things that are actually legal. Accidentally bouncing a check is not illegal, even if you don't cover it within ten days. Being drunk outdoors in any residential yard, condominium grounds, or apartment complex is not public intoxication. Being nude outdoors in any yard, condominium grounds, or apartment complex is not against the law if people in public places can't see you. For example, a man urinating in the bushes in a stranger's front yard in an emergency with his back to the street is not committing the crime of indecent exposure, but some police officers and prosecutors don't seem to realize that. Handling drugs does not always constitute possession. There are situations in which violence, even homicide, is permitted. Threats, even of death, are not always illegal. The law is not always what you might think.
If you think the prosecutor would not charge you with a crime if your actions were not illegal, think again. It happens. If you think your attorney will catch the mistake, you might be wrong. Under our constitutional system of government, laws must be construed narrowly and doubts must be resolved in favor of the accused. People sometimes accept plea bargains or pre-trial diversion when they could have walked away from their problems. An experienced, dedicated lawyer sometimes finds a way out for his client that others might have missed.
Plea Bargains
When a lawyer decides to "plead out" a case, he or she advises a defendant to admit guilt under the terms of a plea bargain. A lawyer with too many cases is under pressure to plead out as many cases as possible. Overburdened lawyers don't have time to zealously defend every one of their clients. That is how good lawyers sometimes fall into malpractice. Pleading out winnable cases might be good business, but I couldn't live that way. For me, a plea bargain is a last resort.
Choosing a lawyer
It is usually wise to hire an experienced lawyer who concentrates his or her law practice in the area of criminal defense. As the saying goes, a jack of all trades is master of none. Be cautious in evaluating "discount" lawyers advertising discounted legal services. You might pay a small retainer and later be overwhelmed with legal bills if the going gets tough. A flat fee covers everything stated in the agreement; a retainer is an advance payment for the lawyer to work off of until it is depleted and more fees come due. You can't compare one lawyer's flat fee proposal with another lawyer's retainer proposal because a retainer agreement is open-ended. With a flat fee, you know in advance what legal representation will cost.
Unnecessarily risking your reputation and possibly your freedom in the hope of getting cheap legal services is probably not the best thing you can do. I charge less than some of the other lawyers, but I am not stressing that as a reason to hire me. I had a client years ago who talked his family into paying a lawyer a large amount of money to take over his case because he got scarred and thought his best hope lay in getting what he called a "high dollar" lawyer. He later told me what a big mistake that turned out to be. Don't pay the most you can afford or the least you can get by with. Find a dedicated, knowledgeable, trustworthy, and zealous advocate who knows what can be done, and who will do all he or she can to defend you.
An ex-prosecutor would be familiar with criminal law. That is a good thing. If the ex-prosecutor has ruined the lives of harmless people and torn good, loving parents away from young children while mindlessly enforcing our shameful drug laws, you might wonder how sympathetic that ex-prosecutor would be to your plight, or anyone else's for that matter. Also recognize that favors can go both ways, and prior contact does not equate with good relations. Some ex-prosecutors are fine people. Some are making amends in an organization called "LEAP," Law Enforcement Against Prohibition. Ex-prosecutors in private practice advertise their experience, and all I am suggesting is that you might want to consider what that information does, and does not tell you about them.
Attorneys working for full service law firms are usually punctual and dependable. These are good traits. But would such a lawyer hesitate to step on "important" peoples toes in confronting the "powers that be" for you? Criminal defense attorneys should be friendly and diplomatic, but there are times when a client's needs are best served by speaking out against lies and injustice. I am a sole practitioner, so I don't have partners to tell me not to make waves that might drive away corporate clients. Don't get me wrong, an associate in a law firm could be a courageous and zealous advocate. There might be sole practitioners who are afraid of his own shadows. I am just suggesting that you might want to think about the dynamics of a law firm, and the experience of the person who actually ends up handling criminal cases, not just signing papers, at the firm.
Loyalty To Clients
I care about my clients and their loved ones. It offends me when they are mistreated. I stand by them regardless of what they might have done, and I fight to win.
I have been a lawyer for over twenty years. I work almost exclusively in the area of criminal defense. You are welcome to call me for a free confidential consultation and you are encouraged to send a confidential message to schalk999@gmail.com. The Internet is never completely secure, but communications through schalk999@gmail.com are encrypted and I am the only person who has access to my email on that account.
Again, initial consultations are free. My phone number is 812-336-9093. You are welcome to call evenings and weekends, If I am not available when you call, I will promptly and discretely return your call. I usually check schalk999@gmail.com several times a day, even on weekends. If you send an email message, I will respond and maybe send you a little free advice.
Sincerely,
David E. Schalk
http://schalk.net schalk999@gmail.com 812-336-9093
