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The Best Defense

A timeless saying goes “the best defense is a good offense.” You need look nowhere further than a supermarket tabloid to see the value of this advice: While the world marveled at the throngs of young women linking themselves to Tiger Woods, he did nothing. We all saw the result. Tiger suffered a downward spiral from untouchable superstar to unwanted womanizer. Nike is now going to market their newest golf clubs without him.

Now compare Tiger Woods to David Letterman. When Letterman was being extorted, in other words threatened with the release of his affair unless he paid up, he got ahead of the problem by announcing his infidelity before a live studio audience. The world laughed at his jokes for a few days and then the story died down. His accuser was arrested and most of us forgot all about it.

Letterman went on the offensive early and he was rewarded for it.

A good criminal defense attorney will use this tactic from time to time. The owner of a restaurant in the Fredericksburg area gave me a call when the police had issued him a summons for violating a noise ordinance. Basically he was being charged as a criminal for offering live music as entertainment in his restaurant.

He got me involved early. I spoke to everyone I needed to speak with, promptly, and developed an argument that the ordinance under which he was charged was unconstitutional as it applied to him. An in-depth discussion with a talented but understanding prosecutor gave me every criminal defense attorney’s dream: An agreed order dismissing the case against my client. I had the Judge sign the order that day and my client did not even have to attend court. He was back at his restaurant making money instead of spending a day in court fighting the case against him.

No two cases are alike. If it were possible to get these outcomes all the time I would be more famous than Johnnie Cochran, and I would likely already be retired. That being said, in this case the timeless saying held true. Sometimes a case requires more of a “waiting game” plan of defense.

If you are charged with a crime in Virginia, you are facing one of the most difficult tests of your life. You should hire a criminal defense lawyer with the experience, intelligence and creativity to prepare the best defense. Call our Fredericksburg office and ask for Andy if you would like to talk to me about what your best defense could be.

The Police Didn't Read Me My Rights

Many, many people have asked me why when they were arrested the police officer did not read them “their rights.” What is more troubling to me is that many people who hired me after either hiring or being appointed another lawyer complained that their old criminal defense lawyer treated them as if the question were stupid. It is not a stupid question, and I can only guess how many thousands of court cases have turned on this issue since the Supreme Court decided Miranda v. Arizona back in 1966.

Recently I represented a young lady charged with shoplifting who asked me about why no one read her any rights. Her case is a perfect example of when the police do not need to read you your rights. You should know a bit about anti-theft measures the big stores use to understand what I mean:

All of the large retailers (Wal-Mart, Target, etc.) have employees whose sole function is to protect the store from theft. They go by different names in different stores, but I refer to them as “Loss Prevention.” When I was a prosecutor I used to be invited into Loss Prevention offices regularly, and I can say without question some of these stores are on par with casinos in terms of theft protection. Loss Prevention is generally based out of an office close to the front door of a store and use sophisticated cameras to track customers as they move around the store. They are trained to spot signs that someone may be ready to steal – examples include grabbing big stacks of the same item without even checking price, or heading directly for certain small but easily resold items such as electric razors, medicine or video games. Once the eye is on you, they will watch everything you do until you leave the store. If they suspect shoplifting, Virginia law allows Loss Prevention to detain you until the police can arrive.

Loss Prevention officers are trained to question you, as well as do other things to build the case against you before the police arrive. The reason they do this is they do not have the same responsibilities under the Constitution as police officers do. A store employee can violate your rights without harming the case against you, but the police cannot.

Miranda rights, what you hear on TV or in movies regularly, are some of the rights all citizens enjoy under the Constitution. In essence, if you are in the custody of the government (arrested) and a government agent (such as a detective) wants you to speak about a suspected crime, the agent is required to advise you about certain rights.

Do you know now why no one read my client her rights? By the time the arresting police officer arrived, Loss Prevention had found evidence against her, asked her all about what happened in the store and built their case. The government did not have to ask any questions because the store already had.

No criminal defense attorney had the chance to treat my client like she was stupid, because she came to me first. We talked about the issue in great detail and by the end of that conversation my client knew why I wanted to look at a different avenue of defense. Her case is a thing of the past now, but every once in a while someone she knows gets in trouble and she sends them to me.

If you have been charged with a crime in Virginia, whether it is a felony or a misdemeanor, whether it is shoplifting, DUI or murder, there are NO stupid questions for your criminal defense attorney. Choosing a lawyer to defend you against a criminal charge is one of the most important decisions you will ever make. The stakes are too high to choose someone who will not take the time to explain to you everything that is happening to you and what your choices are. How can you be sure your attorney knows what to do if he or she will not take the time to educate you?

If you or someone you know have been charged with a crime in Virginia, I am happy to answer your questions. Call our Fredericksburg office and ask for Andy