The First Rule of Criminal Defense
Write this rule in stone: never, never speak to the police. Ok, ok. The first rule should really be: don't do something stupid, LOL. But if you do (or a friend does), do not think you can talk your way out of this. Let ME talk your way out of this.
So many times, people think that if they decline to speak with the police, they will appear guilty. Nothing could be further from the truth. A person who chooses to keep silent understands that the police officer’s only goal is to gather evidence against you. AGAINST you! Don’t help them do that! I promise you will only come to regret it. You might look guilty to an officer who already believes you are guilty. But who cares? If you start talking, you may just remove all doubt!
So many times, people think that if they decline to speak with the police, they will appear guilty. Nothing could be further from the truth. A person who chooses to keep silent understands that the police officer’s only goal is to gather evidence against you. AGAINST you! Don’t help them do that! I promise you will only come to regret it. You might look guilty to an officer who already believes you are guilty. But who cares? If you start talking, you may just remove all doubt!
The Second Rule of Criminal Defense
This is an extension of the first rule: do not submit to field sobriety tests! As a rule, you should not be drinking alcohol if you're under 21. And you should DEFINITELY not be drinking and driving. Yes, the law permits young people to drink at home with their parent's permission. But that rule will not save you if you then LEAVE the house and go out with your friends! Any underage consumption of alcohol is otherwise illegal. You may have heard that the BAC limit for DUI is 0.08% in GA -- that's for adults only. For anyone under 21, the limit is 0.02%. Also, any unsafe driving with any level of alcohol will get you a DUI in GA. So you can be 20 years old, blow a 0.01% and still get a DUI if you were speeding, failing to maintain your lane, or rolled through a stop sign. DON'T RISK YOUR LIFE FOR A SO-CALLED "GOOD TIME"!
You can have fun sober. If you don't think you can, please get some help. You can call your parents! They will understand. No? Then call 911. Or email me here. Or call/text the SAMHSA National Helpline (Substance Abuse and Mental Health Services Administration) Call: 1‑800‑662‑4357 or text 4357 to 2‑7‑3‑8‑2‑5‑5.
Now, if you are actually arrested for DUI, the officer will likely ask you to submit to an official test of your blood/breath/urine. Only the officer can decide which of the tests he will request. If he requests breath and you say you will only take a blood test, that can be interpreted by the officer as a refusal. Again, you can refuse. It is your legal right. But this time, a refusal has consequences. If you refuse this test, your driver’s license will be administratively suspended for one year — even if you are proven not guilty.
Now, if you are actually arrested for DUI, the officer will likely ask you to submit to an official test of your blood/breath/urine. Only the officer can decide which of the tests he will request. If he requests breath and you say you will only take a blood test, that can be interpreted by the officer as a refusal. Again, you can refuse. It is your legal right. But this time, a refusal has consequences. If you refuse this test, your driver’s license will be administratively suspended for one year — even if you are proven not guilty.
The Third Rule of Criminal Defense
If there are several suspects, remember: “Nobody talks, everybody walks.” Basically, don't rat on your friends. There are better ways to honestly deal with every issue. If you're in a group of young people accused of something illegal, the best decision is for each of you to get your own lawyer. You can all email me here and I can advise everyone generally. But the best practice if for each person to have independent counsel.
You may have heard of an ancient philosophical theorem known as “the prisoner’s dilemma.” In this dilemma, two people are accused of committing a crime together. The police tell both suspects that the first one to confess will receive a very lenient sentence (1 year in jail) if he cooperates against the other suspect. Then, the uncooperative suspect will get a harsh sentence (10 years). If both suspects confess, they will each receive a medium sentence (5 years). If neither suspect confesses, they will both go free! You get the point. Not knowing if the other suspect will confess, you must deliberate between confessing and going to jail for 1 or 5 years or keeping quiet and wondering if you will go free or get 10 years. This dilemma is a philosophical contrivance, seldom applicable in the real world.
You may have heard of an ancient philosophical theorem known as “the prisoner’s dilemma.” In this dilemma, two people are accused of committing a crime together. The police tell both suspects that the first one to confess will receive a very lenient sentence (1 year in jail) if he cooperates against the other suspect. Then, the uncooperative suspect will get a harsh sentence (10 years). If both suspects confess, they will each receive a medium sentence (5 years). If neither suspect confesses, they will both go free! You get the point. Not knowing if the other suspect will confess, you must deliberate between confessing and going to jail for 1 or 5 years or keeping quiet and wondering if you will go free or get 10 years. This dilemma is a philosophical contrivance, seldom applicable in the real world.
The Fourth Rule of Criminal Defense
Choose a great lawyer, and you will have a great defense. Choose an average lawyer, and you will have an average defense.
It will do you no good to get a cheap lawyer. In this business, you get what you pay for. Also, you should choose a lawyer quickly, lest you waste away in pre-trial detention while the evidence of your innocence goes stale.
A great lawyer will work the case hard on the front end, not wait around to see what happens next. A great lawyer will gather the evidence and witness statements you will need to fight the charges being considered against you. A great lawyer will dissuade the police from making an arrest in the first place. This is your first chance, and perhaps the most important chance, of getting off this ride before your reputation is smeared by a lazy investigation or a careless accusation. Don't make the mistake of hiring me AFTER you already went before the judge. I won't say it's too late, but it's a lot harder to get a good outcome.
It will do you no good to get a cheap lawyer. In this business, you get what you pay for. Also, you should choose a lawyer quickly, lest you waste away in pre-trial detention while the evidence of your innocence goes stale.
A great lawyer will work the case hard on the front end, not wait around to see what happens next. A great lawyer will gather the evidence and witness statements you will need to fight the charges being considered against you. A great lawyer will dissuade the police from making an arrest in the first place. This is your first chance, and perhaps the most important chance, of getting off this ride before your reputation is smeared by a lazy investigation or a careless accusation. Don't make the mistake of hiring me AFTER you already went before the judge. I won't say it's too late, but it's a lot harder to get a good outcome.
The Fifth Rule of Criminal Defense
Remember that it’s all about relationships.
More cases are won and lost based on the relationship that the defense attorney has with the officer, prosecutor, and judge. If the officer, prosecutor, and judge hate your lawyer, how do you think they’re going to feel about you? A great criminal defense attorney will craft deep professional relationships over decades and deploy those bridges to help his client safely to the other side of this nightmare.
More cases are won and lost based on the relationship that the defense attorney has with the officer, prosecutor, and judge. If the officer, prosecutor, and judge hate your lawyer, how do you think they’re going to feel about you? A great criminal defense attorney will craft deep professional relationships over decades and deploy those bridges to help his client safely to the other side of this nightmare.