Tuesday, June 12, 2007

BURBANK CRIMINAL DEFENSE LAWYER CHALLENGED

Not every case is a slam dunk for the prosecution. There are instances when someone who faces criminal prosecution in Burbank may be able to assert their rights and prevail. An attorney will be able to review the police report, the evidence, the witness statements and other facts, and then determine if a motion to suppress or some other type of motion should be filed. A Burbank attorney should be able to look at all of the evidence and then if warranted file a motion to suppress if all of the proper procedures and protocol have not been followed.

For instance, in a case involving a police stop, the defendant is entitled to have been stopped for a proper reason. It is important that if you are stopped that you pay attention to your surroundings and keep in mind that you may need witnesses to verify your version of the facts. A police officer prepares a report of what happened and submits it to the Court. You also can prepare an accounting of what happened and submit it to your attorney.

Criminal defense attorneys are only as good as the facts of the case. For instance, if you say that something found by the police is not yours, and you have witnesses to verify same, then you have a strong argument to make to the Court. Additionally, if you are able to prove that you never gave the police your consent to search and you have unbiased witnesses, that may carry the day with the Judge reviewing your case.

If you have been stopped for a DUI or other criminal offense, you should look for a good Burbank attorney to help you prepare your criminal defense. The work begins before your attorney goes to court. Witnesses have to be interviewed, your notes have to be reviewed and many other things done before the attorney walks into the Courtroom. Your first Court appearance will usually be the arraignment. If you already have begun the steps necessary to prepare your defense before the arraignment, you will be in a better position to achieve justice.

Whether you are charged with a felony or a misdemeanor, your liberty is still at stake. It is better that you do not speak to the police, but rather let your attorney speak to the police. Even a United States attorney who was questioned by Congress chose to assert 5th amendment rights and not speak. If you assert your rights and do not speak it can not be used against you. If you do speak, it will be used against you. Be careful and hire a Burbank attorney to defend your rights.

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