28632 Roadside Drive, Suite 100 Agoura Hills, CA 91301
Phone (818) 999-2018 Fax (805) 426-4990
WHAT YOU SHOULD KNOW IN RETAINING AN ATTORNEY
THE ATTORNEY-CLIENT PRIVILEGE
The attorney-client privilege is the most protected and vital relationship a professional and client can have. If you do not have an extremely high comfort level of trust and confidence in your attorney, then the best possible result for you will not be fully attainable. The ability to disclose all the facts surrounding your case, in confidence, is essential to the preparation of a proper defense.
SELECTING THE RIGHT ATTORNEY
Many people go to a specific attorney because they were either referred to them by a friend, viewed an advertisement on TV or the internet or saw them in a high profile case. No matter how you learned about an attorney, the undeniable fact is you are interviewing that attorney to handle what is surely one of the most serious events in your life. The consequences of a poor choice of an attorney on your part can be catastrophic in terms of an unfavorable result that will be life changing for you.
I have been an attorney for over 40 years, having extensive experience in both civil and family law matters as well as an emphasis in criminal law. I am a former Deputy District Attorney for los Angeles County and I have seen many unusual and complicated legal situations that require careful review, analysis and investigation in order to obtain a successful result. Preparation is a key element and your close participation, at all stages of the preparation and proceedings are essential.
I have an old saying, heard somewhere in Southwest Texas; “I don’t breed ‘em I just ride ‘em.” Meaning, I did not create the facts of a case, I just try and explain them in the best light possible that is most favorable to the client. I do not pass judgment, either.
My initial consultation, up to an hour, is at no cost to you. Any attorney that “guarantees” a result in a criminal matter is either a liar or knows something about your specific case you do not. Nothing is “guaranteed,” especially in criminal law.
After you have been arrested and booked you will probably receive many unsolicited letters from various attorneys seeking your retaining them for your criminal case. Be careful. Some are very good and others are not.
I do not recommend that you bring a “friend” or “significant other” to the initial consultation as that may create a waiver of the attorney-client privilege and that person may have a potential conflict of interest with you or inadvertently create one with your attorney. I do recommend that you speak with the attorney alone, first. Remember, personal relationships change and sometimes not for the better. It is best that you do not discuss the facts of your case with anyone other than your attorney.
Before you make a final selection of your attorney, check around the legal community and with others who have been represented in criminal matters by him/her to see what his reputation really is. Remember, fees can vary greatly between attorneys for many reasons of which I will not elaborate here, but the old adage “you get what you pay for” really does, in most cases, hold true.
If selected as your attorney, I will personally make all appearances at all major proceedings and will not send an “associate” or “partner” to handle your case. I make every attempt to answer all phone calls in a timely manner and will personally meet with you whenever you feel it necessary to discuss your matter.
THE TYPE OF CHARGES YOU MAY FACE
You may be charged with one of three types of crimes. An infraction, such as a motor vehicle code violation; a misdemeanor, punishable by up to one year in the county jail and a felony where you can be sentenced to state prison.
You are not entitled to a jury trial if charged with an infraction. You can have a jury trial if charged with a misdemeanor or felony.
In a felony matter the prosecutor can charge you by way of either a grand jury indictment or criminal complaint. If you are charged by a criminal complaint there will usually be two possible proceedings.
A preliminary hearing may be held where a Judge decides if there is enough evidence to believe you may be guilty of the charges against you. No affirmative defense is usually presented at a preliminary hearing. You will be ordered to appear in Superior court in approximately two weeks to be arraigned again and have a court or jury trial wherein a full defense will be presented on your behalf.