Not all criminal defense lawyers are created equal. Like any other occupation, there are some criminal lawyers who are more talented than others, some who work harder than others, and some who have the talent, drive and experience necessary to get the best results when you are facing criminal charges. Make no mistake, criminal defense is an art form and working the case the right way can make all the difference in the world.
Many cases require what I like to call the “just cause” approach- making the prosecutor and the judge realize the humanity of the client and the myriad mitigating circumstances that call out for leniency. Whether it be the wealthy housewife who shoplifts at Saks because she is having a mid-life crises, the young man who commits a robbery to demonstrate his toughness to his friends, or the twenty-something who sells drugs to an undercover police officer because out of complete foolishness, the “just cause” approach- if handled the right way- can often lead to spectacular results. Indeed, I’ve had cases where the client is caught on video committing a felony dismissed outright by the prosecutor because they were convinced it was the right thing to do.
The “just cause” approach takes into account that most prosecutors are good people who want to do the right thing; it is this sense that led many of them to become prosecutors in the first place. In order to be successful, a strategy needs to be developed that slowly brings the prosecutor into the defense lawyer’s view of what the “right” result is. Trying to hammer an Assistant District Attorney (or anyone else for that matter) is not usually very effective. You need to “chisel” away at the prosecutor’s initial look at the case (that your client is guilty and needs to be punished) until they see the other side. When a prosecutor embraces the defense view of the case, extraordinary things can happen- I’ve had cases where the prosecutor puts their own job and career at risk by dismissing a case against his/her supervisor’s wishes.
Yet not all cases are ripe for the “just cause” approach. There are some cases that require what I like to call “bare-knuckle” litigation- challenging every aspect of the prosecutor’s case with carefully drafted motions, defense experts and seasoned investigators. This approach is generally required in high profile cases and cases with very serious allegations. For example, a client is charged with a criminal history is charged with possession of a loaded firearm and the prosecutor believes that he had every intent to use it on another person and had indicated he wants blood. In such a case the “just cause” will likely not get you very far. Only by challenging every aspect of the prosecutor’s case and making them understand that they may very likely lose the hearings and/or trial and therefore must make a reasonable and offer will the criminal defense lawyer achieve the best result.
Of course, there are many cases where a hybrid of these two approaches may be necessary. The problem is that not many lawyers are good at either of these approaches, let alone both, and thus choosing the right criminal defense lawyer for your case is not always an easy endeavor.
There is a word in a Hebrew called “sechel” which literally means “wisdom” but has a more nuanced definition- it is someone who “gets it”, someone with the depth of wisdom and common sense to inherently understand a situation and know the best way to handle it. So make sure your lawyer has the “sechel” to handle your case the right way…