Leslie J. Castro, P.C.
Attorney and Counselor at Law
Free Advice
 

Get a Lawyer

"In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence."
 
- U.S. Constitution, Amendment VI
You may think that you can go it alone.  You may think a lawyer may not be worth the expense.  You may think that you can handle your criminal case better - or at least, no worse - than a professional.  Think again.

Justice Sutherland of the United Supreme Court has said:

The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel.  Even the intelligent and educated layman has small and sometimes no skill in the science of law.  If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad.  He is unfamiliar with the rules of evidence.  Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible.  He lacks both the skill and knolwedge adequately to prepare his defense, even though he have a perfect one.  
                                                         -Powell v. Alabama, 287 U.S. 45 (1932) 

A legal professional knows the elements of criminal offenses and what the government must prove.  A lawyer can spot legal issues and problems in the government's case.  If you decide to go to trial, there are a number of obstacles that must be overcome to ask particular questions or to admit evidence.  A skilled trial lawyer knows how to overcome these obstacles.

In addition to case evaluation and trial skills, a lawyer who has practiced in a particular geographic location knows the reputations of the government lawyers who prosecute and the proclivities of the judges who preside.  Experienced lawyers generally know what to expect from the other lawyers who appear in court. 

And criminal law in particular can have harsh consequences for you in the future.  Some criminal convictions cause longer sentences if you commit offenses later.  Some criminal convictions can damage your professional or occupational license.  Did you know that some loan applications ask about criminal convictions?  Did you know that a guilty plea to certain misdemeanors can harm your constitutional right to bear arms?  Any lawyer you hire should be able to advise you of other known consequences of a criminal conviction.
  
You have a number of rights protected by the United States Constitution and the Constitution of Colorado.  One of the rights you have is the right to counsel.  Use it. A criminal defense lawyer ensures that your rights are asserted and protected.  


"No person shall . . . be compelled in any criminal case, to be a witness against himself . . ."

-U.S. Constitution, Amendment V

If you are suspected of a crime, DO NOT SPEAK WITH POLICE

If you are suspected of a crime, law enforcement may want to speak with you. The reason law enforcement want to speak with you is because they do not have enough evidence to charge you.  They want you to provide that evidence.  There is no easier criminal case to prosecute than the case where the Accused has confessed. 

But it is not about whether you're guilty or innocent.  Innocent people should not speak to law enforcement either.  You cannot talk your way out of criminal charges.  At times, police determine that a person is guilty and look no further.  Even your denials will hurt you if your statement differs in any minute way throughout the course of the entire interview.  You may create government witnesses against you when prosecutors try to find witnesses to dispute insignificant details of your statement.  I can give no better advice on this point than Professor James Duane (click on link): 

http://video.google.com/videoplay?docid=-4097602514885833865#docid=-1511551258597810457

If the police tell you that they would like to speak with you "voluntarily", they want you to waive your constitutional rights to remain silent, to have counsel present and to not incriminate yourself.  Don't waive these important rights!  If the police want to speak with you, tell them that you will not speak to them without a lawyer present.  Don't tell them anything more than this.  If you tell them you want a lawyer present, they must stop questioning you.

I have never had a client helped by giving an interview with law enforcement.  You have the right to remain silent only if you assert it.  


Leslie J. Castro, P.C.
Attorney and Counselor at Law
543 Main Street, Suite 2
Grand Junction, CO 81501
(970) 245-0989
FAX (970) 241-3391

 

For more information, Go to my blog,
Reasonable Doubt at
blog.lesliejcastro.com.
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