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 We always encourage
everyone to obey the law and respect law enforcement officers, but if
you are accused of a crime or serious traffic matter, the following
suggestions can help in insure that you are treated fairly. Always
hire a qualified criminal defense attorney to discuss the specifics
of your case.
COMMUNICATION
- Talk
to your attorney. Do your part to insure clear and proper
communication. Provide your
attorney a complete and accurate typed or printed statement of
your version of the facts. Indicate on your statement
“This statement is confidentially addressed to my attorney and is
privileged attorney-client communication”. Be as specific as you can.
List the names, addresses, and telephone numbers of anyone
involved in your case. Be sure to include all relevant dates, times,
and places. Explain to your attorney any personal issues involving
criminal, medical, psychological, and substance abuse problems. Ask
your attorney their evaluation of your case, and what you can do to
be treated fairly. Discuss all options from trial to plea agreements.
EVIDENCE
- Evidence
is any form of proof legally presented at a trial, including in part
records, documents, photographs, forensics, drug analysis, and the
testimony of witnesses. The rules of evidence control what evidence
is material, relevant, and admissible in court. If information is
considered in proper evidence, it will not be allowed.
Provide your attorney a complete list of all evidence know to
you. This should include all tangible or intangible property. Be sure
to safely secure any items that you have possession. Ask your attorney
if he or she requested all exculpatory evidence from the prosecution. Review
all evidentiary matters with your attorney, and be sure you
understand its, significance
WITNESSES AND OTHER
PARTIES - Promptly
give in writing to your attorney the names, addresses, and telephones
numbers of all potential witnesses, and the names of other persons
who may provide helpful information. Provide a summary of your
anticipated testimony. Note if you expect the witness to be helpful
or harmful to your case. Indicate if they will be cooperative. If
possible, obtain a written statement from them. Ask if they will
voluntarily testify in court or if they require a subpoena. You
should provide all information in time to have the witness properly
served. Remember, witnesses are people who provide information
(evidence) in court through sworn testimony. They may provide
factual, character, alibi or other information. The testimony of
witnesses is governed by rules of evidence. Generally, witnesses may
testify regarding matters that are deemed material and relevant. A
witness is generally not allowed to give opinions, or testify to matters
that they did not personally observe. Witnesses must usually appear
in court. A written statement is generally not
acceptable. It is also important that you review with your
attorney all witnesses that may testify against you. Discuss in
detail any relationship you have with them, and what is their
anticipated testimony. Discuss whether these witnesses are
unreliable, hostile, or biased.
COURT
APPEARANCE - Timely
appear in court for all scheduled court appearances. Be in court at
least 45
minutes before your scheduled court time. Remember that
only the court can grant continuances. You can be arrested and your
bond forfeited if you do not timely appear in court. Call your
attorney’s office the day before any hearing to confirm your
appearance. Remember, as the defendant, you will be the focus of
attention. Convey a positive impression. Jury members, judge, and
others can observe you inside and outside the courtroom. You want
everyone to be impressed with your honesty, sincerity and general
demeanor. Always be serious, polite and cordial. Avoid laughing,
casual, belligerent or confrontational behavior. Dress conservatively
as if you were going to an important meeting. Do not wear sunglasses,
eat or chew gum, or engage in provocative behavior.
COURT
REPORTER - A court
reporter transcribes and maintains a record of a court hearing.
Discuss with your attorney if you should hire a court reporter for
any hearings. Generally, a court reporter will not appear unless paid
in advance. You should provide any required
funds to your attorney in sufficient time before your hearing date.
YOUR
CONDUCT - While
your case is pending, it is extremely important that you be a good
citizen. Carefully obey all laws. Do not use alcohol or drugs. Stay
out of trouble. Avoid people and places that may get you into
trouble. Notify your attorney immediately if you are arrested for
anything.
INFORMATION
- Fundamental
to a good relationship with your attorney is that you stay in contact
with them. Immediately notify your attorney regarding any change in
your address, telephone number, employment, or other information
regarding your case. Stay in contact with them. Call the day before
your trial date. Always appear in court unless you are told
otherwise.
DO NOT
TALK TO ANYONE - Do not
talk to anyone without your attorney’s permission. Do not make any
verbal or written statements to anyone, including the police,
regarding any aspect of your case. Anything you say may be used
against you in court. Anything you say can have a significant impact
on your case. One indiscreet word can result in your conviction. One
misplaced confidence can result in your incarceration.
Do not talk to reporters of news agencies. Any press releases
should be done only after approval of your lawyer.
SEARCHES
AND POLICE CONTACT - Always
be polite and cordial to the police or other authorities, but do not
voluntarily consent to a search of your person, home, vehicle or
other property. If served with a search warrant, you are required to
allow the police to fulfill their duty. However, do not say anything.
Be polite and request to talk to your attorney. Do not comment about
ownership, use or possession of property.
PRIVATE
DETECTIVE - Discuss
with your attorney if you should hire a private detective. This is
usually advisable if you are charged with a serious felony.
Generally, you are required to pay or provide funds for this purpose.
YOUR
ATTORNEY - Obtain
a written contract with your attorney and pay all agreed fees. You do
not want your attorney to worry about being paid. Ask your attorney
to clearly explain the nature of the charges against you, the minimum
and maximum punishment, what type of evidence is against you, how he
views your case and the chances of being successful. If you feel you
need clarification, ask the attorney to put their answer in writing.
Call
Larry King P.C. at (757)-595-8100 to schedule a free
initial appointment, e-mail us at info@larrykinglaw.com,
or use one of our secure Contact
Forms.
Larry King is
a former state prosecutor and has extensive experience representing
those accused of a crime. He has over to twenty-five years of
criminal defense experience. He has represented thousands of people
for all types of serious criminal offenses and traffic matters. He
urges everyone to obey the law and to respect law enforcement
officers. He knows however that anyone can be wrongly accused of a
crime. He understands his important role in protecting his client’s
rights and liberty. Mr. King earned his Juris Doctor law degree
from the College of William and Mary in 1974. He is a member of the
Virginia State Bar and is admitted to practice in state and federal
Courts. This includes all Virginia State Courts, the Supreme Court of
the United States, the United States District Court for the Eastern
District of Virginia, and the United States Court of Claims. He is a
member of the American Trial Lawyers Association, the Virginia Trial
Lawyers Association, the National Association of Criminal Defense
Lawyers, the Virginia College of Criminal Defense Attorneys, the
Newport News Bar Association, the Williamsburg-James City County Bar
Association, and the York-Poquoson Bar Association.
*This
is general educational information. Legal matters are specific in
nature, and depend on particular facts and situations. Laws change
overtime and facts vary from case to case. This information does not
provide legal advice for your specific legal problems. Call Larry
King P.C. for a free consultation.
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