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The eighth common mistake is waiting until the very last minute to hire an attorney. Many people believe that once theyre arrested that the case

will just go away because of they talk to the prosecutor, they can explain to them why they shouldnt have been charged. This almost never

works. There are rare instances in which a prosecutor would consider your side of the story, but we would not recommend taking that chance. Ifyou talk to a prosecutor, as we stated previously, statements made to a prosecutor are actually a voluntary statement which can be used against

you. If an attorney speaks on your behalf, the statements cannot be used against you because its not coming directly from you. Many people also

believe that if they just ignore the case, itll just go away. That certainly is not going to happen. People charged with crimes, or who are about to

be charged with a crime, need to hire an attorney immediately.

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9. Hire an Experienced Criminal Defense Lawyer

The ninth common mistake people make is representing himself or herself or hiring a lawyer thats not experienced in criminal law or with

handling criminal trials. There is an old proverb that says He who is his own lawyer has a fool for a client. Criminal charges can have seriousconsequences on your life. A variety of cases can have a variety of effects on your life including losing your drivers license, losing your job,

being deported, losing security clearance, losing your children and many times, losing your freedom and liberty. If you represent yourself or hire

just the cheapest lawyer that you find or an attorney thats not experienced in criminal defense, it can have a tremendous negative outcome onyour case. Many cases have specific legal consequences that you may not be aware of and an inexperienced or new or non-criminal lawyer may

not either.

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10. Dont Take Advice from Non-Lawyers

Finally, the tenth common mistake people make when faced with a criminal offense is taking advice from someone whos not a lawyer. There is alot of so called jailhouse lawyers or wannabe lawyers, where they might tell you I was charged with this before, this is what I did, and this is

what you should do too, or dont listen to your lawyer, theyre just trying to get the most money out of your case. If that is what you thinkabout criminal lawyers, let me tell you that were different. We want the best for all of our clients and strive to do the ve ry best job we can do in

every case. It doesn't mean that we can get every case dismissed or get everybody out of jail because in some cases it may not be possible. One of

the worst things you can do is to take advice from someone whos not an attorney that does not know the legal system like we do. Make sure to

hire an attorney that has the criminal experience that you need

10 Mistakes People Make When They Are Charged with a Crime and How to Avoid Them!

Common police mistakes

Police work is tough and busy work, and as a result busy officers often make mistakes in stopping persons and arresting them forDWI. Just one of these mistakes could make a major difference in your case. The most common mistakes are:

1. Making an illegal stop.An officer needs reasonable suspicion that a law has been broken to pull you over. Many stops are made without legal

reasonable suspicion, i.e. no violation of the law, which allows any evidence obtained from the illegal stop to be kept out ofcourt.

2. Failing to properly administer field sobriety tests.Officers are trained according to the National Highway Traffic Safety Administration standards how to properly administer thesetests. But, because there are many steps in properly applying the tests, many officers fail to learn to administer them properly orforget their training and wrongly arrest the driver based on scientifically invalid test results. This means there is no basis forprobablecause that a person is driving while intoxicated, and the sobriety test results could be kept out of court.

3. Failing to properly administer breath tests.Texas law regulates the application of breath testing to DWI suspects, and many officers simply fail to follow this law. Suchfailure could cause the results to be kept out of court.

4. Not preparing for the ALR hearing, suppression hearing, or trial.Officers who are busy on the streets do not often have the time to prepare properly as a witness in their case. In fact, manymeet with the prosecutor one time before trial. This could cause them to not be prepared to explain mistakes they have madeduring your arrest.

5. Failing to properly provide and maintain evidence.Videos and affidavits get lost, affidavits are filled out at the wrong time or improperly, and many other mistakes can be madealong the way concerning the evidentiary trail the state needs to prove up at the ALR hearing, the suppression hearing, or trial.Police departments are busy entities and paperwork etc. gets lost.

Chapter 11

USE OF FORCE FOR LAW ENFORCEMENT PURPOSES

11.01 Authorization to Restrain Ones Liberty; "Public Authority" Defense

[A] By Police OfficersAt common law, a police officer was authorized to make an arrest under these circumstances.

1.) For a felony or for a misdemeanor, an arrest could be based upon "reasonable" or "probable" cause. [Draper v. United

States, 358 U.S. 307, 310 n.3 (1959)]2.) Felony arrests could be made with or without an arrest warrant. [United States v. Watson, 423 U.S. 411 (1985)]

3.) Warrantless misdemeanor arrests were valid only if the offense occurred in the officers presence. However, in the

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absence of an emergency or consent, warrantless felony arrests in the home are unconstitutional. [Payton v. New

York, 445 U.S. 573 (1980)]

[B] By Private PersonsPrivate persons have common law authority to make "citizen arrests" for a felony, or for a misdemeanor

involving a breach of the peace,[Cantwell v. Connecticut, 310 U.S. 296, 308 (1940)] if: (1) the crime actually occurred; and (2) the privateperson reasonably believes that the suspect committed the offense.With misdemeanors, the offense must also occur in the arresting persons

presence.

11.02 Crime Prevention; Non-deadly Force

[A] Common and Statutory LawIn general, a police officer or private person is justified in using non-deadly force upon another if

he reasonably believes that: (1) such other person is committing a felony, or a misdemeanor amounting to a breach of the peace; and (2) the

force used is necessary to prevent commission of the offense.

[B] Model Penal CodeA police officer or private person is justified in using force upon another if he believes that: (1) such other

person is about to commit suicide, inflict serious bodily injury upon herself, or commit a crime involving or threatening bodily injury,

damage to or loss of property, or a breach of the peace; and (2) the force is immediately necessary to prevent the commission of theaforementioned act.

11.03 Crime Prevention; Deadly Force

[A] Common and Statutory lawDeadly force may neverbe used in the prevention of a misdemeanor offense.Deadly force is

permitted, however, in the prevention of a felony. A split of authority exists regarding the scope of the right to use deadly force in felonycrime prevention. The minority broadly permits a police officer or private person to use deadly force upon another if he reasonably believes

that: (1) such other person is committing any felony (including nonviolent felonies); and (2) deadly force is necessary to prevent

commission of the crime. Most states, however, limit the right to use deadly force to the prevention of "forcible" or "atrocious" felonies.

[B] Model Penal CodeA police officer or private person may not use deadly force to prevent the commission of a crime unless hebelieves that: (1) a substantial risk exists that the suspect will cause death or serious bodily injury to another person unless he prevents the

suspect from committing the offense; and (2) use of deadly force presents no substantial risk of injury to bystanders. [MPC

3.07(5)(a)(ii)(A)]

11.04 Effectuation of an Arrest; Non-deadly Force

[A] Common LawNon-deadly force to effectuate an arrest is permissible by a police officer or private citizen.

[B] Model Penal CodeA police officer or private person is justified in using force upon another to make or assist in making an arrest,or to prevent the suspects escape, if the defendant:

1.) elieves that force is immediately necessary to effectuate a lawful arrest or to prevent the suspects escape; and2.) makes known to such other person the purpose of the arrest; or

3.) elieves that such other person understands the purpose of the arrest or that notice cannot reasonably be

provided.[MPC 3.07(1), 3.07(2)(a), 3.07(3)]

11.05 Effectuation of an Arrest; Deadly Force

[A] Common Law

[1] Police Officers At early common law, police officers could use deadly force to apprehend a suspect even if such force wasunnecessary. Today, most states impose a "necessity" requirement. Thus, a police officer is justified to use deadly force upon a suspect

upon reasonable belief that: (1) the suspect committed a felony; and (2) such force is necessary to make the arrest or to prevent the suspect

from escaping. Generally, the rule with regard to arrest applies to all felonies; however, some jurisdictions also limit this rule to forcible oratrocious felonies.

However, the rule has been modified and narrowed as a result ofTennessee v. Garner, [471 U.S. 1 (1985)]. Here, an officer in pursuit of asuspect was "reasonably sure" that the suspect was unarmed. The suspect began to climb the fence. After the officer called out "police, halt"

and the suspect did not cease his flight, the officer shot him to prevent him from escaping, hitting him in the head and kill ing him. Although

the officers use of deadly force was justified under state law, the Supreme Court found that the exercise of deadly force here was unlawful

since the suspect was apparently unarmed.

The Court held that a police officer violates the Fourth Amendment prohibition on unreasonable searches and seizures if he uses deadlyforce to effectuate an arrest, unless: (1) he "has probable cause to believe that the suspect poses a significant threat of death or serious

physical injury to the officer or others"; and (2) such force is necessary to make the arrest or prevent escape. In regard to the necessity

element, a warning, if feasible, must be given to the suspect before deadly force is employed. The first condition is satisfied "if the suspectthreatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened

infliction of serious physical harm."

[2] By Private PersonA private person may use deadly force, i f reasonably necessary, to arrest or apprehend a felon, but in more

limited circumstances than for police officers. Generally, the circumstances that would justify use of force to apprehend a suspect by a

private person include:

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1.) the offense must be a forciblefelony;2.) the private person must notif ythe suspect of his intention to make the arrest;

3.) the arresting party must be corr ect in hi s beli efthat the suspect actually committed the offense in question. It is

irrelevant if the mistake of fact is reasonable in such cases.

[B] Model Penal CodeDeadly force may never be used by a private person, acting on his own, to make an arrest or to prevent a

suspects escape. However, deadly force may be employed by apolice offi cer, or a private person assisting someone he believes is a law

enforcement officer, to make an arrest or to prevent the suspects escape if thearrest is for a felonyand the officer:

1.) elieves that force is immediately necessary to effectuate a lawful arrest or to prevent the suspects escape;

2.) makes known to the suspect the purpose of the arrest or believes that such other person understands the purpose of the

arrest or that notice cannot reasonably be provided;

3.) elieves that the use of deadly force creates no substantial ri sk of harm to i nnocent bystanders; and either4a.) elieves that the crime included the use or threatened use of deadly force; or

4b.) elieves that a substantial risk exists that the suspect will kill or seriously harm another if his arrest is delayed or if he

escapes. [MPC 3.07(2)(b)]

The 7 Most FrequentMistakes Made By Police

No one is perfect, not even police officers. And, in many instances, police officers will make mistakes while they areworking.

The result is possible mistakes made in your stop, arrest and citation of a DUI.

Of course we cannot expect a police officer to be perfect. We, however, expect a certain level of consistency andprofessionalism from those who've chosen to "serve and protect."

Because your specific situation has its own set of circumstance and it's possibly fresh in your mind, let's take a lookat the 7 most frequent mistakes made by police officers during a DUI stop.

They are:

1. Illegal stop of a motorist. This is where the officer does not have a legal reason to pull you over. To be pulledover, the officer needs reasonable suspicion.

2. Failing to follow procedures and rules when administering the field sobriety tests.

3. Failing to follow procedures when administering a preliminary breath test. A breathalyzer is a piece ofmachinery. Machines need to be taken care of, maintained and services properly. They also break or becomeinaccurate.

4. Making incomplete or inaccurate reports about the arrest. Each person perception is different, some people holdbiases against others and people don't always remember things properly. Police have lots of paperwork to do andsometime the paperwork doesn't get finished or completed in its entirety.

5. Not preparing for trial. Police who are overworked and on the beat see literally hundred of DUI's every year. Thefact is, they don't have the time to properly prepare for each trial they are required to be at. Further, since yourarrest, they've arrested hundreds of other people for DUI and other offenses and they probably don't evenremember arresting you. Remember, this is just a job to them. All they have to go on is the report, which may ormay not be correct.

It's important to remember that police are people too, just trying to do their job the best way they know how. It'simportant they do it right 100% of the time, because your freedom is on the line.

It's also important that police officers are honest when they are pulling people over, administering tests, handlingpeople and making their reports.

I've gone home from court very upset on a number of occasions when I felt a police officer was not telling thetruth. Sometimes I can prove it, sometimes I can't. Either way, it's a terrible feeling for me when I know a policeofficer is being less than truthful. Ultimately, it's going to affect my client, personally.

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It's important that I, as your attorney, carefully examine each and every part of your case to make sure that theprocedures were followed. If not, then you can rest assured that I'll fight like a dog to see that your rights areprotected.

The Top 10 Mistakes Lawyers Make in Drunk Driving Cases . . . And How To Avoid Them

Even though attorneys are schooled in the laws pertaining to a wide variety of legal areas, a huge amount ofexpertise comes from practical experience. Either by prosecuting or defending individuals or businesses.

For DUI cases, which involve a great deal of science in addition to just knowledge of the basic governing laws,this experience may be the most critical thing.

And because of the complexity of DUI cases, knowledgeable attorneys consider them to be among the mostdifficult to defend. Because of this same complexity, a great many attorneys make up to 10 big mistakes when itcomes to defending DUI clients . . . mistakes which can profoundly harm their clients in terms of losing theirlicense, paying considerable fines, being jailed, having huge increases in their insurance rates, and the effect itcould have on their current or future job.

To protect yourself and to help decide whom to hire and how to plead, you had better know what thesemistakes are.

Mistake 1Assuming the Case Cant be Won

Ive been practicing DUI law for over 18 years and Ive come to believe that making this assumption andpleading you guilty is the single most important mistake attorneys make in representing individuals arrested forDUI.

You see, after getting the breath test result and the police report, many lawyers simply give it up and advisethe client to plead guilty.

In fact, the breath test, the alcohol blood level test, and the roadside tests the arrested person has to performall have potential built-in flaws. Flaws which can make the difference.

For example, the results of a breath test can be challenged through a Motion to Suppress, or evidence of yoursobriety, or with cross examination of the police officer or the states expert. Ill say more about these in a minute.

Is it more costly to defend than to plead guilty?

Sure it is. But with so much at stake (including considerable penalty fees), the possibility of winning should notbe just dismissed. And it may cost less than you think.

And its not just client costs that are involved. You see, a lawyer who just advises you to plead guilty, and whocharges a low fee to take care of that is just asking for a malpractice claim in many cases. Particularly in casesinvolving a high profile person, a case resulting in serious injury, or one where your livelihood is at stake.

Mistake 2Not Fighting the License Suspension

Another common mistake lawyers make is not contesting a license revocation hearing because they believethat these hearing cannot be won very frequently. A revocation is imposed in Colorado for refusal to take a breathor blood test, or for failing it.

But its simply not the case that the revocation hearing cannot be won. They can often be won based ontechnical defenses, such as

the sample was not taken within two hours.

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the results are under .12 and the retest is below .10. the results are under .12 and the retest os 20% or more off. you burped and the officer did not start the observation period over. you had something in your mouth, such as chewing tobacco. you were on an Adkins diet. you have diabetes.

you have dentures. you work with solvents. an alcohol antiseptic was used when blood was drawn.Moreover, by not contesting this hearing they dont get to question the arresting officer. And this may be the

only time the arresting officer can be questioned soon after the arrest, when his/her recollection is likely to be mostaccurate.

Mistake 3Assuming That The Breath Test Rules Were Followed

Virtually every state has rules and regulations concerning the breath test given to people suspected of DUI.The critical point for the prosecution is that these rules must be followed.

This leaves open attacking the results on the grounds that the technical rules werent followed.

Through conversations with other attorneys, Ive discovered that far too many lawyers dont read the statuteand regulations covering breath testing.

Those that dont know the regulations dont realize that violations of the rules introduced into evidence canshow that the results are unreliable. Further, showing this can be used to exclude the breath test resultsaltogether.

Heres an example. The testing officer is supposed to watch you for 20 minutes before giving the test to makesure you dont hiccup, burp, or puke. Because these things can totally skew the test results. A number of courtshave excluded test results for this violation, even though the accused may not have actually hiccuped, burped orvomited.

In fact, a host of criteria must be met or the test results will often be thrown out. These include:

the test operator having a current certification. the machine having a current certification. calibrating the machine as often as required. changing the mouthpiece before the test is given. keeping a record of the temperature of the calibrating solutions in the machine. keeping a log of the tests run. counting the number of times the calibration solution has been changed.Thus, to defend you properly, a lawyer should get copies of the various logs, maintenance records, and the

operators license or certification. Sadly, most lawyers dont, settling instead for just the complaint and the arrestreport.

Mistake 4Not Filing A Motion to Suppress

Not filing this pre-trial motion before a trial is a huge mistake according to many experts, and maybe the mostcommon mistake according to others.

Even though this motion doesnt succeed very often, a case can be won by filing it. While a stop is generallyjustified if you were weaving from lane to lane, weaving within a lane may not make the stop justified. Andwhether theyll admit it or not, this motion may resonate with a judge.

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Equally as important, even if the motion loses, it provides another opportunity to question the arresting officer.The officer can be asked broad range of questions. And his testimony can be used at trial as well as in pleabargaining.

If the testimony is different in the suspension hearing, the pre-trial hearing, and again at the trial, the strongeryour case is. And it is not uncommon for this to happen..

Mistake 5Not Personally Checking Out The Arrest Location

Many lawyers dont visit the arrest location. And this can be exceedingly crucial. One lawyer I know goes to thearrest scene even before a prospective client comes in for his/her first appointment. And he takes pictures of thespot where the tests were given.

Why? First of all, it could point out that the particular location made the roadside test difficult to perform. Forexample, if theres heavy traffic speeding by on a highway. Or if the shoulder of the road used for the roadside testis slanted. A slanting road automatically makes the tests more difficult to perform. Or a winding road could explainerratic driving.

Seeing and knowing these things makes it much easier for your lawyer to ask probing questions about theroadside test, and, in some cases, point out a physical impossibility to the jury.

Again, an example: An officer may testify that you wove a certain number of time on the road. But there maynot have been enough time for you to weave this many times in a given stretch of road. When illustrated by yourattorney, this is very telling.

Or, there may have been obstacles preventing you from driving with two wheels on the sidewalk, which thepolice may claim you did.

Mistake 6Not Exploiting The Advantage of The "Training Manual" For Roadside Tests

The "Training Manual" is another example of rules that the police must follow when they perform a fieldsobriety test . . . that is, the roadside tests I just mentioned above. Most lawyers know little about this manualand its rules. A very few actually take training courses themselves to become certified and qualified to give thesetests.

At the very least, this manual should be studied by your lawyer. He or she will then know exactly whatquestions to ask the arresting officer to see if he completely followed the manuals directions. This can be powerfulevidence frequently overlooked by defense lawyers.

You see, if the manuals directions werent completely followed, the tests validity can be attacked. At whatpoint the test is attacked varies by state. Wherever your lawyer does it, a successful challenge results in the testevidence being excluded at trial. Which significantly weakens the prosecutors case. Ive found that in anextremely large number of cases, the police do things inconsistent with the manuals material.

Even more important, officers dont always use objective scoring. The manual explains how to score the testsand how to arrive at a final score. All too often the officer simply subjectively decides whether or not you failed thetests.

Another facet of this is officers asking you to do more than the manual requires.

If you were asked to take a test not in the manual (and there are only three), then your lawyer can get thatevidence excluded altogether. Incidently, the police commonly use tests that arent in the manual.

Whats the point? Its simple: if your lawyer doesnt know the training manual, how can he/she attack the waythe arresting officer used it?

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Mistake 7Not Explaining The Extra Penalties Coming With a Conviction or a Guilty Plea

If your lawyer doesnt advise you about the administrative sanctions resulting from a conviction, this ismalpractice.

Why are these important?

Because they can include license suspension or revocation, jail time, a significant fine, inability to rent a car,substantially higher insurance rates, and loss of your job (particularly if your job involves driving).

And this mistake is all too common among lawyers.

You must take these extra penalties into account when deciding to plead guilty. If youre not aware of thesepenalties, you cannot help but be the loser.

Mistake 8Putting the Client on The Stand

Contrary to popular belief, it is not typically a good idea to put the defendant on the stand, expert DUIattorneys believe. This is primarily because they are not experienced witnesses, often appearing to be nervous.

Moreover, a defendant who is put on the stand shifts the jurys focus. The objective of the defense is to showthat the prosecutors case is not strong enough to convict beyond all reasonable doubt. When the defendant is puton the stand, however, the focus shifts to the credibility and honesty of the defendant.

The jury is thus forced to choose between the police officer and the defendant. Plus, it gives the prosecutor thechance to make the defendant look like hes hiding something.

Is there ever a good time to put the defendant on the stand? Yes, to contradict something the officer said.

Beyond that, your lawyer should stick to placing reasonable doubt in the jurys mind.

Mistake 9Attempting to Show The Officer Lied

Look, your lawyer doesnt need to make the officer sound like he lied to put reasonable doubt in the jurysmind. All he really needs to do is show how the officer might simply be mistaken this time.

Why? Because the jury doesnt want to believe that the officer is lying. But it will accept the officer beingmistaken. Not to mention, do you think the officer will admit that he is lying?

Its far better to simply paint the case as being about a cop jumping to conclusions and making mistakes.

Mistake 10Not Consulting A Specialist

Attorneys who are expert in DUI law say that someone who isnt a specialist should consult one. Just as youwouldnt hire a criminal attorney to advise on business law or divorce.

The reason for this is simple: DUI law is complex, it involves a lot of science, and a generalist cannot beeverything to everybody. Knowing how to defend a DUI case involves considerable preparation, familiarity with thelaw, and knowing what motions to make and when. An expert in DUI law has that knowledge.

He or she will quickly be able to spot potential defenses. Hell know what the investigation and discoveryshould be.

If your lawyer is not a specialist in this area, you may not be getting the best advice and you may not have thestrongest case.

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You see, a DUI is not longer a minor offense. The reforms of the 80's and 90's, the tightening of the standardsdefining what DUI is, and the penalties imposed have made these cases not just complex, but also important.

So its necessary for you to hire the best attorney you can afford so your case is as strong as possible. Watchvideo "Choosing a DUI Lawyer" andMistakes Lawyers Make

1. Warrantless Search and Seizure

The first mistake is that people allow search or seizure of their property when the police come to your home, work or vehicle. Both Texas and the

United States constitution prohibit the unreasonable search and seizure of a person, of bodily fluids, of property. The police are prohibited fromsearching your home without a search warrant and do not give the police permission to enter your home unless they present the proper search

warrant for you. A lot of times the police may ask you if you give them consent to search your home and you may think that you dont have

anything in your home that could be considered illegal or against the law, but I would suggest that unless they have a search warrant not to allowthem in your home. Also, if they do have a search warrant, make sure and read that search warrant first if you have the opportunity to. Youre

entitled to get a copy of that search warrant.

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2. Voluntary Statement

The second mistake people make are to give a voluntary statement. Again, both the Texas and the United States constitution give you the right toremain silent and the right not to speak with the police or any type of detective or law enforcement agency without an attorney being present.

They may tell you, you dont need an attorney, or well go easier on you without an attorney. If youget an attorney, theyre going to tell you

that you can talk to them, trust them, or all sorts of things that in order to get you to talk. We would recommend not talking to law enforcement.Rather, definitely, but politely, tell them that you are evoking your right to an attorney and at that point do not say anything else. Remain silent

from that point forward until you have the legal counsel of an attorney. You have the right to remain silent, and that is exactly what you should go

if you are faced with the police officer or detective or a prosecutor.

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3. Be Polite!

The third most common mistake people make in a criminal matter is not being polite or courteous with the police officer if th eyre being

questioned. Just think about it and be smart. Dont give the police a reason to escalate the situation or to use violence or force against you just

because youre being rude or cocky or not being polite towards them. Remember being courteous and polite go a long way with dealing with thepolice officers, even though it may be a high-stress situation.

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4. Resisting Arrest

The fourth most common mistake people make in a criminal matter is to resist arrest. If the police are going to arrest you, t heyre going to arrest

you. Theyve made up their decision probablylong before they actually have you with your hands behind your back in handcuffs that theyre

going to arrest you. If you attempt to resist, run away or fight them in any way, it can only lead to injury or it could cause you to add an additionalcharge to your arrest.

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5. Voluntary Samples of Bodily Fluids, Fingerprints, Handwriting or Clothing

The fifth common mistake people make is that they voluntarily give samples of their body fluids, fingerprints, handwriting orclothing. You dont

have to give thepolice any of those items, your body fluids, fingerprints, handwriting or clothing, without a court order or your attorneys

permission. This includes stops for driving while intoxicated or DWI. We would encourage you not to submit to a breathalyzer test or a blood test

unless you have a court order. Then you dont have an opportunity to make the decision. The court has already said you must give your bodilyfluids to the officer, but if you think that youre going to be trying to get out of a case by giving them a fingerprint sample, we would recommend

that you not unless you contact an attorney and get further legal advice specifically on your case. There may be reasons in your specific case that

an attorney would tell you not to give those items to the police at that time. Contact an attorney before you submit any o

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6. Polygraph Tests

The sixth common mistake people make in a criminal case is taking a polygraph text or a lie detector test. Polygraphs tests are inadmissible incourt because they are somewhat unreliable. There are very few times when we would suggest to our clients that should take a polygraph test and

under certain circumstances. Sometimes we allow our clients to take polygraph tests or submit to lie detector test when we have retained thepolygrapher because if the polygraph test results come back negatively, then we do not have to provide that over to the prosecutor. However, if

the test comes back positively, then we can provide the positive results to the prosecutor for considerationalthough its not admissible at a trial.

Weve also used successful polygraph tests in grand jury packets.

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7. Dont Hide Information from Your Attorney

The seventh most common mistake people make in a criminal office is to not tell your attorney all of the facts. This is one of the most important

mistakes. Your lawyer cant give you the best representation if we dont know all of the facts in the case. Its not good foran attorney to be

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surprised with any facts or information that we learn at a later time, specifically at trial or at a hearing. We have to be able to know everything

about the case, everything about you that we feel is relevant or that would be relevant to your case so that we can do a better job protecting youand your interests. A surprise at trial is very difficult to deal with. A surprise in front of a judge is very difficult to deal with, so I would

recommend that any time you have an attorney, even if youre not telling the whole story about what happened to the rest of your family, its

important that you tell your attorney the truth about what happened.

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8. Dont Wait to Hire an Attorney