Myths
This is just not so. Unfortunately, the American criminal justice
system as we’ve seen in the United States District Courts across
this land are far too inundated with cases to separate the guilty
from those who are innocent or who cannot be proven guilty. The
system, rather, only separates those who have a very good criminal
defense lawyer from those who do not. Many of you think it is United
States District court's function to see to it that you get a fair
trial. Well, the judges certainly would like to see you get a fair
trial, but don't ever confuse that with believing that the court is
going to help you. That is not the court's job.
The court's job is to see to it that your attorney is given a
fair opportunity to cross examine the government's witnesses and to
present your defense so as to attempt to convince a jury that the
government of the United States has not proven you guilty beyond a
reasonable doubt. The rest is up to your attorney. If your attorney
has not properly investigated, researched or filed the necessary
motions in your case, a trial probably is not going to go well. Rest
assured the prosecutor and his numerous assistants and federal
agencies have done their job. In fact most of their job was done
before you even knew they were investigating you in a large number
of cases
2. Most people believe that criminal defense
lawyers with some 20 years or so of criminal experience are probably
about equal and the lowest cost should be the main concern.
Regardless of the number of years of experience, it is more the type
of experience that your attorney has. Be sure that your attorney is
an experienced criminal defense lawyer in the United States District
Court as its rules and procedures and what it expects of your lawyer
are far different than those in state courts. To a large extent some
cases are won or lost prior to the beginning of the trial by way of
proper investigation and the bringing of proper pretrial motions.
Many cases are dismissed on a pretrial motion for dismissal when a
federal judge believes that the case should not take up his court's
time because there is some fatal defect with the indictment or he
feels your rights have been infringed.
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