Three questions, asked in order, on every case we take — from a breach of peace ticket to a murder charge. This is the whole method. It fits on an index card, and it takes a career to use well.
A win does not mean the same thing in every criminal case. For one client, a win may be getting the charges dismissed. For another, it may be admission to a diversionary program that creates a path toward dismissal. In another case, it may mean negotiating a favorable plea agreement that reduces the charge or limits the consequences. And sometimes the right strategy is to litigate the case and take it to trial.
The right outcome depends on the facts, the evidence, the law, the available options, and the client's goals. We do not define success before we understand the case. We identify the best realistic objective and build the strategy around it.
For years, our approach has been to separate a criminal case into three categories: legal issues, factual issues, and what we used to call the “social” issues. The language has evolved, but the method has not. Breaking the case apart keeps one bad fact—or one dramatic accusation—from becoming the entire case.
On this site we express that method through three questions: Can the State prove it? Can the evidence come in? Who are you, really?
Can the State prove it? This is the factual side of the defense. We pull apart the reports, recordings, messages, photographs, witnesses, forensic evidence and timeline to determine what the evidence actually proves—and what it does not.
Can the evidence come in? This is the legal side. A fact can look damaging on paper and still raise a suppression, search-and-seizure, statement, identification, authentication or other evidentiary issue. We examine how the evidence was obtained and whether the State can lawfully use it.
Who are you, really? A criminal file can reduce a person to an accusation. When it is strategically appropriate and the client wants us to, we develop the human side of the case: work, family, treatment, service, history, responsibilities and the circumstances that put the allegation in context. That is not a substitute for a legal or factual defense. It is a separate part of the strategy.
The criminal process moves quickly and can feel chaotic. The client may be dealing with an arrest, bond, protective orders, work, family and a court date before fully understanding what has happened. Our job is to understand the case, preserve the evidence that matters, and prepare for the next step.
That may mean obtaining reports and video, preserving communications, investigating witnesses, identifying legal issues, preparing mitigation, evaluating a diversionary program, negotiating from a position of preparation, or preparing for trial. The right objective depends on the case.