|
|
PSYCHOLOGY OF YOUR CASE
THE
TOP TEN THINGS THAT CAUSE YOU TO BE MENTALLY UPSET.
1.
THEY TREATED ME LIKE I WAS NOT A PERSON, LIKE I
HAD NO VALUE AND WAS JUST A NUMBER.
In our system of justice, unfortunately, there is little compassion,
empathy, sympathy, or understanding from either police, jailers,
prosecutors, or judges. The numbers of people dealt with and the stigma of
you as the defendant, guilty until proven innocent in some eyes, contributes
to this phenomenon. Keep your head up, you have value, you deserved decent,
respectful, treatment. This is a system failure.
2.
I
JUST WANT TO HIDE, I FEEL SO BAD, SO LOW, SO ASHAMED.
This is all part of being accused of a crime, a situation you did not
anticipate or intend. It is natural to be emotional and upset, it does not
make you a bad person.
3.
I JUST WANT THIS TO BE OVER WITH.
Another natural reaction since the stress of a pending case is something you
are living with. But, don’t let the emotions you are suffering and the
stress of the case cause you to make a decision without the proper
information. Would you buy a car without knowing the price or quality?
Isn’t your life or your record or the gravity of this arrest worth as much
consideration as the decision information you want for buying the car?
4.
I HAVE TO CONVINCE MY LAWYER THAT I AM A GOOD
PERSON/NOT GUILTY ETC.
No you don’t. I am on your side, I am not here to make you feel worse. I
accept you as a good person who is now in an uncaring criminal justice
system. I am dedicated to finding the best way out of the system for you
whether that be plea agreement, motions, or trial.
5. THE
POLICE REPORT IS NOTHING BUT A PACK OF LIES, HOW CAN THEY GET AWAY WITH
THIS?
I could not agree more that reading the police report is one of the most
frustrating things in the entire case. Believe me when I tell you that the
officers write the report in that light most damaging to you. They also can
embellish, take things out of context, place statements in the wrong order
chronologically, characterize your words or attitude incorrectly and in
general make the facts of your arrest completely different than what really
occurred. I do not accept the police report, I do consider it.
|
|
6.
WHY
DO I HAVE TO LOSE MY LICENSE, GO TO TREATMENT, BE ON PROBATION, CARRY
HI-RISK INSURANCE ETC. - I HAVE NEVER BEEN IN TROUBLE BEFORE, THIS IS
TOO HARSH.
I agree that the price paid in most first offense drinking driving cases
is too harsh. Unfortunately with the advent of MADD, the politics of
judgeships and prosecutors, and the conservative nature of most
legislative bodies, particularly Indiana, most drinking driving offenses
have statutory requirements such as mandatory license suspensions and hi
risk SR-22 insurance which must be imposed. The rest of the probation
requirements etc. are judge generated. You are right, first offenders
should not have probation, be required to automatically do treatment
etc., but this is the system we are currently stuck with, sometimes you
simply have to accept these things for what they are if you are going to
accept an agreement instead of going to trial.
7.
I AM SO MAD AT MYSELF, MY SPOUSE, FAMILY
ETC. ARE SUFFERING BECAUSE OF WHAT I DID, THEY ARE MAD AT ME TOO, I AM A
CRIMINAL.
The pressures of your own guilt or guilt imposed by family are natural.
Keep your composure and your poise, at worst, even if guilty, a drinking
driving case is a mistake, not an intentional crime.
8.
I AM NOT GUILTY WHY DO I HAVE TO GO THROUGH
THIS WHOLE PROCESS TO GET TO TRIAL, IT TAKES TOO LONG.
We can make your trial happen quickly if you want to pay all of the fees
immediately, but most of the time, the passage of time is on your side.
The American system of justice is not perfect and just as with O.J.
Simpson’s dream team, the more resources you have to invest in a
project, the better your probability of putting on an excellent
presentation and succeeding in your goal.
9.
I
JUST CANNOT DECIDE WHAT TO DO, TELL ME.
I can’t tell you what to do because the case is yours and the life is
yours. I will make a recommendation to help you.
10.
THIS
WILL NEVER HAPPEN TO ME AGAIN, CAN’T YOU MAKE THEM BELIEVE THAT I AM A
GOOD PERSON AND MAKE IT GO AWAY?
Believe me, I want to make that happen, but in this age of MADD,
increased politicization of judges and prosecutors, and
anti-drinking/driving sentiment, it will be the evidence which gets you
a break if there is a break to be had, not the quality of your
character.
|
|
|
NOTES
- Stages of a Criminal Case.
|
|
Samuel S. Shapiro
Attorney at Law
4334 East Third St.
Bloomington, IN 47401
(812) 336-8192
office@samshapiro.com |
|
|
