The vast majority of men whom arrive at our office have made a confession to law enforcement. Guilt, fear, and bullying tactics by police, lead to a complete breakdown on their part. In an emotional daze, they simply waive their Miranda rights and just start talking and talking and talking. With each passing word, they dig themselves in deeper trouble.
While police have worked up the fear, flooding emotions in a suspect, they implement two truly decisive ploys. First, they ask for an apology letter to a fictitious mother (which we have previously detailed in previous entries in this blog). And secondly, they hand over their phone, the policeman’s cellphone, and tell the suspect to call his wife or girlfriend and let them know they are being arrested and why they are being arrested. This phone call is recorded of course. Thus, between the outright confession to the police, an apology letter which amounts to a signed confession, AND a recorded phone conversation in which the suspect proclaims his guilt to his significant other … the case is not about going to trial, it’s about damage control.
So what’s the worse that can happen? Depending on a client’s criminal history, he faces a lengthy jail sentence or even prison. He faces a lifetime of being listed on the national sex offender registry. And he faces a lifetime of “convicted felon” status.
In the hands of an ineffective or incompetent attorney, the aforementioned fall-out is a forgone conclusion. But, with a diligent, hardworking, and knowledgeable defense team many negative consequences can be avoided.
The game plan is simple. Hire excellent lawyers. Go to intensive outpatient treatment. And, finally, prepare for sentencing in such a manner as to convince the judge to forgo incarceration … and hopefully get the prosecutor to agree to a limited, rather than lifetime, registry.
Wasatch Defense Lawyers has relationships with treatment providers that judges know and respect. We prepare our client’s with training on what they do or don’t say to the judge, thereby giving him the greatest chances for a successful outcome. We assist with the preparation of the Presentence Report which advises guidelines with the court. And ultimately less than 1% of our clients are ever incarcerated.
- Probation and Parole in the United States - March 31, 2020
- The Disparity Among Prosecution and Public Defense - March 30, 2020
- The Racialization of the Prison Industrial Complex - March 24, 2020