Criminal Law

As of the year 2016, I have never lost a trial where a client was accused of murder or rape.  Some were convicted of misdemeanors.  That is simply because juries can understand these crimes and will weigh the evidence.  Drug and alcohol cases are cases where effort and skill are required to even hope to overcome the prejudice that the average juror has against these defendants.  Jurors assume, falsely, that defendants would not be arrested if they were not intoxicated, when in fact the officers are under great pressure to arrest as many as possible and anyone who does not fit the officer’s perception of “normal” is at risk (elderly drivers, emotionally disturbed people, people who talk back, uneducated people, young scared people, disrespectful people, people leaving bars or parties.).  So, in these cases one has two fights.  The first is to even get a fair trial; the second is to show where the state’s proof fails to establish what they say it does.  The goal of the criminal justice system is supposed to be to avoid at all costs convicting an innocent person.  Even at the risk of turning loose a guilty person.  What a unique system of justice!  The emphasis is on avoiding the personal tragedy of an innocent person being convicted.  This is the worst injustice of all.  If some number of guilty people are exonerated, then so be it.  They have been arrested, been at risk, and suffered greatly just going through a trial.  If they are truly evil people, they will soon be arrested again and perhaps the state will do a better job of collecting and presenting evidence against them, but this is the price we pay for a system where an innocent person has a chance against the government..