The Cops Want to Speak to You

The Cops Want Me to Come Down to the Station.....what do I do?

If you or a loved one is being investigated for a criminal offense and have been invited by a police officer or detective to come down to the station and tell your side of the story....don't...at least not before you speak with a criminal defense lawyer.  Many suspects erroneously believe that they can "talk" their way out of being arrested.  Instead, they usually give incriminating statements that are used against them later in trial.  In other words, they talk themselves into being arrested. 

Errol Cook, Esq.
877-737-2004

Your First Court Date

Appearing in court for the first time can be very intimidating.  Whether it be a misdemeanor or a felony, be prepared to be in court all day.  Remember, just because the 'Notice to Appear' says 8:30 a.m., doesn't mean that you will have your case heard at that time.  In fact, you may not have your case heard until 2:00 p.m.  Make sure you turn your cell phone ringer off.  In some courts the deputy will take your phone away if it goes off while court is in session. 

After Your Arrest

If you have been arrested on a criminal matter, then it is very important that you start preparing your defense well in advance of the court date.  Depending on the nature of your case, you will need to locate the contact information of all percipient, exculpatory and character witnesses.  You will also need to gather all evidence that you believe shows or points to your innocence along with evidence that tends to impeach the credibility of the complaining witness.  It is also a good idea to have your work information and proof of long-term residency in hand as these may become issues for purposes of bail.  Having a seasoned criminal defense attorney prior to the court date is also extremely helpful.

Errol Cook, Esq.
877-737-2004

Before a Criminal Case is Filed

After a suspect bails out or is released on their 'Own Recognizance' they are given a 'Notice to Appear' in court on a future date.  It is very important to note that the criminal investigation is still on-going.  In fact, it is not uncommon for police agencies to go out an re-interivew the suspect in order to obtain more incriminating statements in order to build a stronger case.  It is always wise to obtain a lawyer immediately so that if you are contacted by the police for a secondary interview that you can refer all calls to your lawyer.  Police agencies refer to this as lawyering up.

Errol Cook, Esq.
877-737-2004

Before a Case is Filed

A suspect who is arrested and post bail will almost always be given a 'Notice to Appear' date from the jail or bail agent.  This 'Notice to Appear' is not a binding date on the prosecuting agency having jurisdiction over the case.  In fact, it is often the case that no criminal case is filed on this date.  It would be a mistake to presume that the case is dismissed because there is no filing.  Many prosecuting agencies devote their time and prioritize the filing of in-custody cases first.  Suspects on potential criminal cases are generally not a priority unless there is a continuing community safety issue.  I have seen instances where it takes 4 to 6 months for a prosecuting agency to file a misdemeanor assault or DUI. 

Errol Cook, Esq.
877-737-2004

Notice to Appear in Criminal Court

Often times a suspect who is arrested on a misdemeanor or felony case will bail out from the local jail.  Usually, the jail will give the suspect a court hearing date in which they are to appear.  Depending on the seriousness of the charge, the suspect will appear in court only to find out that no case has been filed.  I have been contacted by numerous suspects who mistakingly believe that their criminal matter was dismissed.  There is a difference between not filing a criminal case within the statutory time-line, a criminal case sent back for further investigation and a case being outright rejected.  Generally, unless the clerk at the prosecuting agency's front desk tells you specifically that the case is a "D.A. reject," then the case and its investigation is still ongoing. 

Errol Cook, Esq.
877-737-2004

Arrest Warrant v. Notice to Appear in Criminal Courts

Once a crime is deemed to have occurred, a police officers, usually the investigating officer, who wants to obtain an arrest warrant will contact a prosecutor  to determine whether an arrest warrant can or should be used.  Factors that may be considered is whether the criminal case is a misdemeanor or a felony and the seriousness of the charges along with the suspsect's criminal history.  A prosecutor may also decide that they should write a letter to the suspect to be charged stating that a criminal complaint has been filed.  The letter will almost always state the date, time, courthouse and department in which the case is to be heard.

Errol Cook, Esq.
877-737-2004 

When to Go to Trial??

I have spoke to hundreds of defendants who are frustrated with the plea bargain and threaten the court to "go to trial."  Most defendants don't understand that, although judges are not supposed to punish defendants for exercising their trial right, they almost all certainly do.  Think about it.  If you are the judge in a busy courtroom and you believe the defendant to be guilty and also believe that the prosecutor is offering a fair plea bargain, would you not be mildly irritated by a 5 day jury trial?  A plea bargain is designed to relieve a congested court system. 

I tell my clients that they should go to trial if they are not guilty......and....if they can bear the consequences of losing....and the cost ($$) of trial....and the time away from their job.  If the answer is yes, then the focus will be trial strategy.

http://www.southerncaliforniacriminalattorney.com

Representing Yourself in Criminal Court

A little education can do a great deal of harm....especially in criminal courts.  Many low-income defendants, after watching a full season of Law and Order, feel that they are equiped to competently defend themselves in criminal court against an experienced prosecutor.  Don't get me wrong, I love Law and Order and all of the other courtroom shows.  However, expecting a show about doctors to make you competent to perform a surgery is ludicrous.  Expecting well-meaning friends and a television series to educate and train you on how to deal with your own case is equally ridiculous.  Even if you are "limited means" contact a lawyer anyway.  One may feel bad enough for you to give you a discount and represent you virtually pro-bono. 
http://www.southerncaliforniacriminalattorney.com

Fighting Traffic Tickets

Generally, a traffic cop will never, listen to your side of the story after writing you a traffic ticket.  The only sure way to beat a traffic ticket is to post the bail, appear at the trial and pray that the cop doesn't show up.  If the traffic cop shows up, then it is very likely that you will lose in court regardless of how articulate, passionate or convincing your case is.  The reason, if the judicial magistrate is forced to decide a case between the traffic cop they see on a daily basis and you, guess who wins?  Should this stop you from fighting your ticket?  No!  If you feel that you were wrongly ticketed, fight and fight hard.  You may just win.  If you don't fight the ticket, then you will certainly lose.

http://www.southerncaliforniacriminalattorney.com