The body language you use in front of your jury, such as the expression on you show on your face, is just as important as what you say. Learning how to testify, how to answer a question asked on direct vs. cross is critical. Just as important is leaning how to use the silent language of your body, including facial expressions, to emphasize a point or to give a non-verbal answer. Remember that the jury will judge your… read more →
Never consent to a search of your person, car, or property. Never. Politely deny. You have constitutional rights, to be free from unreasonable search and seizure. You give up those rights when you consent to a search. Rest assured, if the cops have sufficient evidence to get a search warrant, they will. If they do not, you expose yourself to being charged with anything the cops find…even if it is not yours. When that happens (and… read more →
When you and another person are charged with a crime, you often have the choice of pleading and testifying against your co-defendant as a cooperating witness. Becoming a CW – a cooperating witness – is not like you see on TV or in the movies. Your co-defendant will know what you are doing, and they will get a copy of any plea reduction or statement your attorney works out. There are no elaborate safe houses or… read more →
Recently in a Question and Answer forum, a student about to enter graduate school on a scholarship was arrested for marijuana possession (under 50 grams) after consenting to a search of his vehicle. The arresting officers tried to console the young man by diminishing the seriousness of the crime, insisting that a criminal defense lawyer wouldn’t be necessary because they, the police, would go to bat for him in court. And to that they added… read more →
It happens. You fulfill your parole violations and the Court does not keep their end of the deal (downgrade of charges, e.g.). What to do? First, contact your parole officer, provide the documentation and let him see if he can determine why the court proceeded contrary to your understanding of the arrangement. If that doesn’t work, collect all your fulfillment data as per your met requirements, and then contact the attorney you used when you… read more →
Although the statue is not clearly defined courts generally fall back on the common sense understanding that if the key is in the ignition (let alone the engine running) and the vehicle in gear, the driver is indeed texting while driving and subject to a fine and perhaps points if stopped. Do the safe thing and pull over, turn off the car, and then do your texting without putting yourself or others at risk. If you… read more →
If a person is living outside the United States and there is a warrant for his or her arrest in the United States, traveling abroad on a US passport is risky business. Hiring a US attorney to address the charges in the US, however minor the charges, (e.g. unpaid parking ticket), would give the person the best opportunity to travel more freely around the world. Howard W. Bailey, Esq. Experienced Criminal Trial Lawyer Defending Your… read more →
While it is possible, the prosecutor may not be willing to consider reducing the charge to unsafe driving, and they are the persons who can offer the deal – the Judge only decides whether to accept it. Defense representation is rarely a DIY project. Hire a lawyer to talk to the prosecutor, and even he/she will have to argue both the facts (nature of the roadway, time of day, speed detection method, etc) and the… read more →
If you or a loved on has been charged with underage drinking in a college dorm do not talk to the prosecutor to try to downgrade the charge because any conversation between the accused and the prosecutor can be used against him or her. The prosecutor is there to convict the accused, not to give legal advice. If the accused is charged with an offense under the criminal code, a conviction gives him a record… read more →
To accomplish this first use an online background check (the more complete the better) to see what appears. Send each site that has your data a politely phrased letter requesting that the Order (attach a copy) be honored, and the data removed. Most will honor your request without a fee, some may impose an ‘administrative’ fee. Once you have completed the process and believe all of the records have been removed, run the background check… read more →