Wednesday, March 20, 2013

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

Tuesday, March 19, 2013

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

Monday, March 18, 2013

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