THE LAW OFFICES OF

ANTHONY J. ROBINSON

  (626) 797-5001

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In Memory of 09-11-01

Lest We Forget

 DO I NEED A CRIMINAL ATTORNEY?

        Are you kidding? Do  you even have to ask that question? Especially since  you are obviously surfing the net looking at the  websites of criminal defense attorneys,  I don't think so. However, if after reading this you are still clueless as to the answer, then let me give it to you. The  answer is  "YES" you probably do.  

        Most  people really are quite capable of knowing whether or not they  actually need legal  representation.  The real concern that most people have, is a deep seated fear of  whether  they can afford to pay for the services of an experienced criminal attorney.   Even if you are worried about finances, don't let your fear stop you from protecting yourself. 

        It never hurts to talk to an experienced criminal attorney,  Many of our clients were pleasantly surprised when we were able to assist them in working out a financial solution which allowed us to help them. It can be a win - win solution. 

 What About DUI Cases?

       Because DUI or Drunk Driving cases and  DMV Hearings Procedures  are really a  separate and distinct  area  of  Criminal Law,  we dealt  with the issue of whether or not you need a Criminal DUI Attorney separately.  So if you have questions dealing with DUI,  Drunk Driving cases or DMV Hearings, please click on the "Dui Cases" Button to the left for additional information. 

But I'm Innocent, Why Do I Need an Attorney? 

        All the more reason why it is necessary to consult with a qualified criminal defense attorney. Just because you think that you are innocent does not mean that you will ultimately be cleared of the charges or found factually innocent. I wish I could say that truth and justice always prevails, but unfortunately that is just not always the case.  Unfortunately the reality is that there is  tremendous pressure on the police and prosecutors to push cases through the system. 

        This is especially true, following the  September 11, 2001 terrorist attacks. Ever since the attacks, there has been an ever greater  hue and cry from the public. They are demanding that something be done about crime and terrorism and they really don't care about the "details" or "technicalities."  They know that are afraid and they want the police and prosecutors to do  something to stop crime and they want it stopped now. 

        The unfortunate side effect of this pressure is that some innocent people are going to be swept up in this fervor. Some people are going to be found guilty of crimes they did not commit. Given the atmosphere of fear, it is more important than ever that you have an experienced attorney in your corner. That is the only way to  protect  your rights and be certain that you receive a fair  hearing. 

But the Police Are Still Investigating my Case? 

        There is a saying that you only have "one chance to make a first impression." That is especially true when dealing with the police during the course of their initial  investigation. Many people think that going to a lawyer automatically means that you are guilty. The reality is that nothing could be further from the truth. Your need for effective legal representation is probably greater during the initial police investigation than it is later on. 

        Most people are so afraid of the high costs involved in hiring an attorney, that they engage in what we call  "wishful  thinking". They think that since they are innocent anyway, they can save money  by representing themselves. They have no experience or special knowledge of any kind, yet they are willing to take such an enormous and unnecessary  personal risk. These same people, would never think of filling their own teeth,  taking out their own diseased appendix, or prescribing medication for heart disease.  Yet they are willing to gamble with something as precious as their freedom. 

        These people are not simply overly optimistic, sometimes they  approach being  delusional. Yet because of their personal involvement,  they don't appreciate the risks involved. They are not impartial,  they are involved and invested in their own view of things. They compound their mistake by betting their freedom that the police will adopt their point of view.  Because of their involvement, the contrary possibility is unthinkable. This kind of thinking is dangerous and will keep you from doing what needs to be done. You need to gather and preserve  exculpatory evidence.

What is Exculpatory Evidence?

        The most important thing that you need to  remember is that the police are "not" there to help you prepare a defense, that is your job. You must bring forward evidence that favors your  view of the case.   This type of evidence is called   "exculpatory" evidence.  Exculpatory evidence needs to be  investigated and preserved by your attorney as soon  as possible. Preferably before it disappears, which I'm sorry to say does happen.  Remember the police are not looking to preserve evidence "to exonerate you,"   they are looking for evidence "to convict you."   That is what they are in business for.  It is "your responsibility"  to look out for yourself and your  evidence, because if you don't no one is going to do it for you. 

        Sometimes  your attorney may be able to bring important exculpatory evidence to the attention of the police and prosecutors before they even file charges  against you. Your attorney may be able to persuade them not to file charges against you at all. I cannot think of a more cost effective way for you to save money than having the prosecution agree with your lawyer that you shouldn't be prosecuted. Without your lawyer's early involvement in your case,  this isn't likely to happen.

        Many people are not aware that the prosecutors have "options other than" filing criminal charges. Sometimes, your attorney may be able to  convince the prosecutor to hold an "office conference." An office conference is a way of disposing of a case informally without having to go to Court.  This is very important because once charges are filed against you, the prosecutors  "will aggressively defend their actions." It is simply easier to convince prosecutors not to file charges, than to persuade them to dismiss charges later on.  Once again saving you money and time. 

Should I talk to the Police? 

        NO!  Absolutely not, and especially not by yourself. Make no statement of any kind and never, ever sign anything. People with a propensity for becoming the object of attention of  the  police fail to understand this one simple fact. Most good police work is really the Police officer's   ability to get people to talk. They are trained to do this,  because they know that, if  left  to their own devices, "most people will happily convict themselves out of their own mouths."   So with that fact in mind, I can state categorically that, with very few exceptions, "you are not going to be able to talk your way out of trouble."   However, with a little effort, you can talk yourself into a great deal of trouble. 

        If the police even think that you might  talk, they will probably  give you every opportunity to do so. You may foolishly  believe that this is your only chance to tell your side of  story. Don't you believe it. The reality is that  the police are not there to clear you of suspicion. Their role is to gather evidence and  convict you of a crime. They are there to try and put you in jail.  It is really that simple. 

Can the Police tell me a lie?

        Most people do not know that the Police have "no" obligation "what-so-ever" to tell you the truth. In fact they "regularly  lie"  and use deception tactics when talking to people under investigation. Surprised? I hope so.  

        They will flat out tell you that if you tell them your side of the story, they will not arrest you. When they tell you this, they know  "that it is an out and out lie."  Another favorite lie is that they don't need anything from you, because they have enough evidence on you already and  your situation is hopeless. They just want you to verify the facts that they already know and can prove. Another lie, when there is more than one suspect, is to tell you that your friend just told them everything that they needed to know. So you might as well make a clean breast of it and confess too. 

        The police regularly use these  tactics, hoping  that the accused (you) will make a statement which can later be used against you  in Court.  In fact, in  many jurisdictions  the courts have tacitly or actively approved of the tactics.  These types of tactics also gives them an  opportunity of conveniently not giving you a Miranda warning of your right to keep your mouth shut.  

Food for Thought for the Undecided!

        If you are still undecided about whether you should talk to the police, I would like you to consider this one simple fact.  Most people that are in prison today are not there because of clever or brilliant police work. They are there because they convicted themselves with "statements" that they made to the police during an interview. Statements that they made  "out of their own mouths"  and usually without an attorney present. Think about it. 

        The reality is that the decision of whether or not you should speak to the police is an extremely important and complex decision, which can only be made with the advice of competent criminal defense attorney.  When you are the primary target of a police or government  investigation, that is not the time for you to be playing amateur lawyer.   

What if I've Already Been Charged? 

        Then you definitely need a lawyer, who will  evaluate the evidence and determine if the prosecutors  can prove their case. Sometimes prosecutors can be persuaded to dismiss  their case after knowing  both sides of the story. On other occasions, they may be  persuaded to dismiss, reduce or add lesser charges because of lack of or material changes in the evidence that they were relying on in filing charges in the first place. 

        Sometimes you have to bite the bullet. If the evidence against you is simply too overwhelming  to obtain an outright  dismissal of charges, then  we may be able to work out a plea or sentence bargain. Only an experienced criminal attorney can advise you whether or not it is in your best interest to go trial or to try and work out a deal. Only an experienced criminal defense attorney can evaluate your chances at trial.  If you  decide that you want to try the case, then we  will have to develop a theory of your case that will  persuade  a  jury that there is a reasonable doubt as to your guilt. 

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