Felonies.

If they are in jail or incarcerated, do NOT talk with them on the jail phone, email, or other recorded communications services about what happened or why they are in jail. The Government is always looking for ways to make it easier to prove their cases. Jail phone calls to Mama where the Client talks to Mama about what happened are frequently used against Clients at trial. And, sadly, the appellate courts allow this to happen because they work on the theory that if a person knows their communications are being recorded–even if they pay for them–it’s their own fault for not keeping their mouth shut. Prosecutors literally pull all calls and communications before trials to use against Clients. So, if you are a family member, no matter how curious you are about why your loved one got arrested. Do not talk with them on any communication service that is recorded. Don’t be a reason for person you love to say something that could harm them and their defense.

No matter whether they are in jail or on bond, remember they are presumed innocent. They have a constitutional protection that requires everyone in the court system to assume they have done nothing wrong unless and until the Government proves otherwise beyond a reasonable doubt. There is a big movement these days to believe alleged victims. But, we have forgotten that defendants in criminal cases have a constitutional guarantee that they will are believed to be innocent while their case is processing through the courts. Don’t talk with people or say things that could undermine that presumption of innocence. Consider how difficult it is to be charged with a crime. Unfortunately, people believe the worst even when another person is charged with a crime. Believe the best about your family member. Understand that they need someone there in court with them, too. Be willing to attend court with them and at least show you love them. No one is expecting you to condone criminal behavior, but being there and being willing to show your love for them at this incredibly difficult time can make it easier for your loved one as they face the court process.

First, someone you feel comfortable communicating with. If you are not comfortable telling your whole story to a lawyer, find someone else. You should be able to trust your lawyer to listen to you, but also to be able to tell you things you don’t want to hear. A good lawyer will tell you like it is about your case. Second, someone who is respected in the legal community. Talk with friends and family and other people who have had to hire a felony lawyer. Check reviews. Ask the folks in court who they see frequently. If the lawyer’s reputation is really good, they will likely deliver the same great defense for you. Third, someone who can handle a case as complex as yours (and even seemingly simple cases can be complex). How long have they handled cases like yours? How many cases like yours have they handled? If they have not handled a case exactly like yours, have they handled cases similar to yours? What types of results do they get? And, more importantly, how do they get those results? Do they just ask the prosecutor for a plea offer and end the defense there? Or are they really working through the case to find strategic advantages to the defense?