How Often Should I Meet With My Attorney After An Arrest?
It is very hard to say how often you should meet with your attorney, every case, and every client is different. I tell people that I am willing to meet with you, and talk to you as much as necessary. Do not hesitate to give me a phone call if you have any questions, because the call itself will only be a couple of minutes more often than not. Most clients want to be reassured even if I am not telling them anything specifically that is beneficial to their case; most people want to know they can get a hold of their attorney at any time. Most attorneys are receptive, and he or she will return their clients phone calls within the day. In the first thirty days of a case, more often than not, your attorney is not going to have a lot of information for you. If it is a felony case, your attorney is not going to have a copy of the discovery or the police reports that quickly, it takes time for those reports to be ready.
This is the evidence the state plans to use against you in your upcoming hearing. It takes longer than 30 days, but I give my clients the ability to reach out to me at any time. If they want to come to my office, even if I have nothing to say to them per se, I always give them that choice so I can talk to them, especially if it makes them feel reassured. Once I receive copies of all the reports, and the discovery, which takes more than 30 days, we will meet to discuss their case, whether it is on a DVD for a DUI event, or it is an audiotape of an interview at the police station. We will go over the police report, and discuss in detail the witness statements, and what the police officer observed.
Will I Have A Pre-Trial Probation Officer Prior To Commencement Of The Trial?
Yes, you will have a pre-trial probation officer prior to your trial. Usually, we are dealing with felony cases where the bond judges make that determination. Once again, based on your criminal history, and whether you failed to appear in court in the past, or a threat to society, or the severity of this charge, the judge has the ability to not only say, “You are going to pay X number of dollars to get out”, but in addition to that, if you do post money, you are going to be supervised by a pre-trial officer. That officer will make sure you do not test positive for drugs or alcohol, and that you do follow a curfew from 6 AM to 6 PM. That officer will also make sure you do not have contact with other individuals that you are not allowed to have a contact with.
The pre-trial officer has the ability to come to your house to ask you to submit to a urine sample, and make sure there are no drugs or alcohol in your system. They can come at any time with no announcement needed. If you are in violation of any of those violations, and the judge hears that, they have the ability to revoke your bond, or take away your bond and throw you back into custody if they feel you have not complied with all the requirements in your pre-trial.
Is It Advisable To Go For Voluntary Counseling Or Treatment Prior To Trial?
It will not hurt your case to go to voluntary counseling. I guess possibly it could, but again, generally speaking, it can only help your case. This is the advice I say to my clients. Depending on the type of case it is, especially if its drugs or alcohol related, the first thing is, “Forget about this particular charge on your record, and this court proceeding. Do you feel that you have a problem? Have your friends and family been complaining to you about your alcohol use? Have you had blackouts on routine occasions? Have you lost jobs or relationships because of your drinking? Have you been in a situation where you showed up to work drunk, have you had situations where have had the shakes, cold sweats in the morning?”
That has nothing to do with the criminal charge. However, if you are telling me the answer is yes, putting aside criminal charges, you need to get help for your addictions, so you can move on in life. In addition to that, depending on the charge, it can help us when I am trying to work out this case with the state’s attorney to let them know you voluntarily went in for counseling, and treatment. It is what they call mitigating information, mitigating evidence, which is evidence that tends to help us when the judge and/or the state’s attorney is trying to figure out what their offer might be if it gets to that level. If a person has multiple DUIs, and after the most recent DUI arrest, they went to an inpatient facility, and successfully completed that program, and still attending a support program we can get proper documentation showing that you attending counseling, the could help your case.
This certainly would help us on the defense side. We are to try to work the case for a better outcome, because factually, we do not have a good case based on my client’s background, and we cannot prove him guilty beyond a reasonable doubt of that charge. One of the things that helps us in our cases mitigates our position in terms of a lesser criminal liability would be our client attending counseling, but ultimately you should be going into counseling regardless of the charge.
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