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Early Intervention Pays Off

Many attorneys who handle criminal cases, simply believe nothing can be done until the District Attorney has decided whether to file charges.

Meanwhile, the police have completed their investigation, all important witnesses have been interviewed and possibly the client has given a coerced confession.

Unfortunately, this advise can sometimes lead to devastating consequences. Quite too often, a client will go speak to the police on their own without an attorney. A client should never think that he or she can outsmart a well experienced veteran detective who has spent years polishing their craft at getting coerced confessions. The police attend seminars on police interrogation techniques that get suspects to say what the police want to hear.

In one seminar, police were reportedly taught to willfully violate the defendants miranda rights under the theory that even if there is a miranda violation, the DA can still get the evidence in as impeachment if the defendant were to testify at trial. Then of course, theres the good cop bad cop stuff that goes on as well. And finally, the suggestion of leniency if they cooperate. "This will look good for you. It will look good if you cooperate." Finally, the threat of jail. "If we don't get your side of the story, then you will sit in jail until you go to court." Don't let the police take advantage of you or a loved one.

In one case, a client confessed to shooting someone in the head leading to a fatality. His mom brought him to the police station to “do the right thing”. The shooting was done in self defense. Yet despite his self serving statements, he was prosecuted for first degree murder.

Fortunately due to diligent preparation of the case, our office was still able to get the murder case dismissed and the client released from jail.

Unfortunately in most instances, not even public defenders can help a new client under investigation.

In most counties in California, the public defender is appointed on the first court date after charges have already been filed!

This means that during that all critical police investigative stage, there is no attorney helping the accused. The court will appoint a public defender when charges have already been filed. By then, the police have already obtained a coerced confession by an unrepresented defendant. Jurors who hear evidence give substantial weight to a defendants confession. That by itself, is challenging to overcome.

Our office philosophy is “early intervention pays off.” By retaining an attorney at the early stages allows the opportunity for the client to be on equal footing with the prosecution. Why not allow the defense to conduct their own investigation before charges are filed as well? Why not have an attorney lined up to block any interrogation of the client? More often than not, early intervention allows the attorney to make a big impact for the client.

In more than a 100 cases, early intervention has paid off for our clients.

In one case, we blocked the interrogation of a client falsely accused of participating in a homicide. As a result, no charges were filed.

In another case, a client was falsely accused of committing child molestation. We immediately intervened, spoke the detective, interviewed all material witnesses and submitted our findings to the investigating Detective and District Attorney. We also submitted information that the alleged complaining party had a history of fabricating stories. The case was dropped despite the victims statement accusing our client of a crime. Our early intervention paid off for our client.

In another case, also a falsey accused child molestation case, our client was accused of molesting his neice. Our client was gay and had never shown any interest in persons of the opposite sex. In addition, we secured the diary of the alleged victim. Interestingly not one notation in the diary said that my client molested her despite extensive notes on daily secrets. We convinced both the Department and Children Services that this was a bogus case as well as the Supervising DA in charge of sex crimes. This case was dropped due to the information we provided to the prosecuting DA. Due to early intervention, this case was dropped and the client was released from jail.

In another case, the client was under investigation for indecent exposure. He had a prior conviction for the same charge. However, the witness was not really sure what she saw. By preventing the interrogation, the District Attorney was unable to pursue the case any further.

Even after a client has spoken to the police, we can often help mitigate the circumstances by organizing a proper and well thought out plan to help the client.

Early intervention pays off. Call for a free consultation as (626) 975-2080 or at (562) 860-5027. We can help you today.

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Alameda County
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Portola

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San Bernardino County
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Anderson, Redding, Shasta Lak

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Loyalton

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Solano County
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