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TOP 10 MISTAKES BY A CLIENT
1. FAILING TO TAKE THE CASE SERIOUSLY The police officer is not your friend, he is not your pal, he is not your representative. Just the opposite. He is there to gather information to be used against you in a trial. Do not let down your guard. Your attitude that you can talk your way out of the case or, that your cooperation or perception of friendship with the officer will make the case easy on you fails to account for the role of the officer in the investigation. THIS IS AN ADVERSARY SYSTEM, HE IS YOUR ADVERSARY! Don’t wise-crack, don’t think yourself funny or brilliant just because he laughs at your jokes. The joke is on you, he is laughing at you. Take your case seriously. Refuse to answer questions, refuse to consent to any searches, and, refuse any further cooperation until you speak with Sam Shapiro. The one exception to this is the taking of a breath test or the performance of field sobriety tests in an OWI case. If you need your license at all, take the breath test. If you feel that you have a reasonable chance to pass dexterity tests, take them. If you think the tests unfair or if you have a physical infirmity that prevents such tests, then inform the officer of that reason and politely refuse all tests. Do not take a horizontal gaze nystagmus test in an OWI case. The science supporting such a test is mixed and officer proficiency is at its lowest regarding such tests. Also, don’t be too hard on yourself. You may be disappointed in yourself, but don’t make the emotional decision to just give up the case because you are beating yourself up over your arrest. 2. PARTICIPATING IN AN INCRIMINATING INTERVIEW Refuse all interviews. This can be most difficult. Often, officers will forego arresting you if you give them an interview whereas if you refuse, they threaten an immediate arrest. Painful as the procedure is, your better course of action is to take the arrest and fight the case after you post bond. There is universally nothing you can say in an interview that helps your case overall. 3. FAILURE TO REFUSE TO GIVE POLICE CONSENT TO SEARCH OR LOOK OR SNOOP Your rights only have vitality if you exercise them. If you allow a search then the officer is relieved of his burden of establishing probable cause and evidence which either would not have been discovered or, which could have been suppressed or thrown out of court is made admissible because of your consent. The threat of arrest if you fail to consent is a favorite officer tactic. Painful as the procedure is, your better course of action is to take the arrest and fight the case after you post bond. Once you consent, if your consent is valid, then you have waived your important search and seizure protections. 4. FAILURE TO TREAT YOUR CRIMINAL CASE AS SURGERY, SPEND THE NECESSARY MONEY TO HIRE A COMPETENT LAWYER AS YOU WOULD A COMPETENT DOCTOR!
It amazes me that people
want the cheapest lawyer. Although money is certainly a consideration in
any hiring decision, it must be kept in mind that competent counsel is
expensive. Don’t shortchange your defense because you thought that all
lawyers are equal or that the extra money necessary for a criminal defense
lawyer could be saved by hiring an inexperienced or non-trial lawyer, or, a
lawyer who handles a multitude of different types of cases. Chances are,
you are not getting top-flight representation.
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5. AGREEING TO TAKE A POLYGRAPH Never take a polygraph. A polygraph is just a prosecution trick to create evidence in a case where the evidence is not strong against you. Polygraphs are not scientifically reliable and to be admissible, you must sign a stipulation with the prosecutor. Do not sign.
Wait a moment! What is wrong with this picture. First, as my client, my duty, loyalty, and obligation is to you. I have no business telling you that you have to take a plea bargain or go to trial. It is not your attorney’s job to make you do anything. Rather, he is there to assist you in making very difficult decisions that only you can make. He is there to help you evaluate and analyze the evidence against you, any plea bargain offered, and any particular strength or weakness of your case that might bear on the subject of trial or compromise by plea. HE IS NOT THERE TO TELL YOU WHAT TO DO!!! 7. FAILING TO SET A GOAL FOR THE CASE This is often the most difficult part of any criminal case. Typical goals include variations of the following - ‘I’m not guilty and I will never plead guilty’ [I love this goal, it makes my job so much easier]; or, I may be guilty of something but not what they charged me with [usually a plea bargain compromise scenario that may or may not involve multiple negotiations with the prosecutor]; or, a more specific goal - I want my license back ASAP, I don’t care what I have to do to get it back, I have to drive; or, I never want to go back to jail; or, I don’t want this particular offense on my record. 8. INVENTING A STORY TO EXPLAIN WHAT HAPPENED The first mistake is to talk. Then you compound that mistake by trying to invent this great story that makes you look innocent and explains everything. Give it up. Use common sense - be silent! 9. PHYSICALLY RESISTING OR VERBALLY ABUSING THE POLICE OFFICER This is a great way to get yourself in deeper trouble. Just let the officer do his job [ you may resist him if he is physically injuring you or you are in fear of such injury so long as your perception is reasonable and the danger is imminent. You may not resist an arrest simply because it is unlawful.] Your conduct makes you look guilty. If you flee it may seal your fate in the eyes of the officer since you chose to run. This may be true even though you were not guilty, just scared. 10. NAME-DROPPING, BUDDY-BUDDY WITH THE OFFICER, AND EXCESSIVE REMORSE It very rarely helps to name-drop with any professional officer. He has a job to do. Similarly, you can not act the part of the officer’s buddy in the hope he will let you go. He will appreciate you kissing his behind, but that will not prevent your arrest or prosecution. Finally, I cannot count the clients who are so overwhelmed at their predicament, and whether from anger, remorse, guilt, or sorrow, begin throwing themselves on the mercy of the officer by telling him how sorry they are for committing the offense, or, how stupid they were for committing the offense, or, crying, etc. etc. etc. This does not work!!!
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© Copyright 2005 Sam Shapiro Attorney At Law. All Rights Reserved |
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