Preface

ATTITUDE - THE KEY TO SUCCESSFUL DEFENSE ADVOCACY

    There are two types of criminal defense lawyers. There are those who represent the client by taking the fee and begging, cajoling, arguing and pressing the prosecutor into offering a good plea agreement. If no deal, which the client will swallow can be obtained, they will try the case to the judge, and then beg, cajole, argue and press the trial judge for s decent penalty. This type of lawyer hates his or her job. They feel that they have no power and are subject to the will of the government and the judge. In the rare instance wherein they feel that the government is being truly absurd and that if they pressed the issue they could do better in a trial, they fear about the next case wherein there are no favorable facts and they are, again, thrust into the position of having to beg, cajole and argue, for a good deal. The rational is, if this lawyer presses his or her advantage in this case, the prosecutor will not cooperate and give the lawyer a break on the next case. This type of lawyer is the one, whose clients sit in jail talking about how their lawyer was "working with the prosecutor" and "sold me out".

    The other type of criminal defense lawyer assumes there are no favors. This type of lawyer spends time understanding the tools available to the defendant so that each tool can be used to overcome the government or to force the government into offering an agreement which benefits the defendant. This type of lawyer does not worry about "the next case" or "the next client". Each case is the only case and the sole concern is the interests of the instant client. This type of lawyer, who might like to have good deals and benefits handed to him or her, realizes that there is a more dependable tactic: beat everyone up and take what is needed. Anyone can recognize this type of lawyer. They love the practice. They look to win and when they walk into a courtroom prosecutors and judges look at each other and mutter, "Oh shit, he's here." This is the aggressive lawyer. The lawyer who truly wants what is best for his or her client and will not accept that which the government offers. This lawyer understands that he has control of more aspects of the case and the resolution than the prosecutor. This lawyer knows the rules and the tools and need not beg for anything from a judge or a prosecutor. This type of lawyer is a criminal trial lawyer.

THE TACTICS AND TOOLS OF AGGRESSIVE PRE-TRIAL PRACTICE

Every aspect of the trial preparation: initial interview, research, investigation, preliminary hearing, motions and the steps to trial are undertaken with one idea in mind "this case is going to trial." The only intervening event which can prevent this case from going to trial and the government and the prosecutor having to work, answer motions and prevent the defense attorney from creating error and racking up potential fuel for reversal, will be the offer of an agreement which the client will accept and which the trial lawyer knows is the best that can be obtained.

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