• The Truth About Getting Your Criminal Case Dismissed

    Author : The Blanch Law Firm March 4, 2014

    The Truth About Getting Your Criminal Case Dismissed | The Blanch Law Firm

    Each criminal case is unique, and only a criminal defense lawyer who is dedicated to assessing the specifics and handling the infinite variables in every criminal case can provide the type of representation that a criminal defendant needs to successfully protect their rights. The truth is, no matter what the person’s intelligence or educational background, the criminal justice system makes it virtually impossible to do a competent job of representing oneself. That's our job. We focus on criminal justice and defense. We have one mission in mind: to get our client's cases dismissed, or otherwise avoid or mitigate jail time depending on the facts and evidence surrounding the case. Focusing on dismissal means focusing on the best possible result in each case. It does not mean (for any firm) that a dismissial is possible in your case. By aiming high, law firms can maximize their effort. This should translate into maximizing the result to the client.   What lawyers are not as comfortable sharing is that some cases are going to result in prison time, despite any level of fancy lawyering. These are the results that firms tend not to put on their website for fear that clients will not understand. Some of these results are the ones of which we are most proud. Cases where the client came to us after their prior lawyer had represented them for over a year at the end of which the client was told he had to accept a plea of several years in prison. We took the case over and in a matter of months had worked out a new deal that shaved years off the prison sentence. You won't see that case in our Results section, because it doesn't survive today's test of soundbyte dissemination  

    The Best Defense is Priceless

    As with any investment, you get what you pay for. That's especially true when it comes to hiring a great criminal attorney -- especially in New York City, whether in Manhattan, Queens, the Bronx, Brooklyn or Westchester. One thing is certain – you need the best criminal defense attorney you can afford. When facing serious criminal charges, jail or prison time, the successful outcome of your case may very well depend on whether or not you choose to have a dedicated criminal defense team on your side. If you cannot afford one, you may qualify for a free attorney, or the reduced-fee services of a public defender or court- appointed attorney. However hiring a qualified criminal law firm is generally regarded as preferable for a number of reasons.   While we believe that we stand out among our peers based on our case results and accomplishments, clients are well advised to do their homework, interview several firms and select the criminal firm that is the right fit for the client. There are many great criminal firms in New York and nationally. There are also many poor ones. The trouble is that all firms look alike on the internet. The important thing is not to find that single, "best" criminal lawyer who can help you. There are many that will do the work required to get the best possible result in your case. The key is to avoid the rest. As long as you are fishing in the top 15% of criminal firms and attorneys, picking the "right one" among them comes down more to interpersonal "fit" and client comfort than anything else.     Part of this screening criteria, we believe, should begin with avoiding overwhelmed, high volume factories. You can start by asking your prospective attorney point blank what his/her current case load is like and what sort of support staff and team is in place to assist in that case load. Another screening criteria, unfortunately, is the fee. Generally speaking, attorneys who are willing to lower their fees into the bottom ranges are more likely to accumulate a high volume practice. This normally means that very few hours per case can be devoted to each client's defense. Do not screen attorneys by asking them how many cases they have had dismissed. We can name hundreds, but that is not the true test of our ability or worth. To rate a law firm or lawyer a client has to look deeper. Many cases are dismissed because they should have been and the attorney's role is simply to unturn the stones necessary to show the prosecution what he or she should have known already. This is was we refer to as "not screwing it up." That sort of dismissal is not the hallmark of a great criminal defense strategy, although it is a necessary threshold ingredient to quality representation. Ask your prospective attorney about the more difficult cases, the one where the client confessed on video, the one with a paper trail, 15 witnesses with no motive to lie and 100 hours of wire tapped conversation with co conspirators and an undercover FBI agent. Chances are, your attorney won't regale you with how he/she got that case dismissed. But you should ask what happened because you likely will not see the result on the firm's website.   Clients would be well served to interview many firms and ask difficult questions to help discern one firm from the next. After all, most lawyers can boast case dismissals or other good results if they practice long enough. As with our own testimonials and results, "prior results are no guarantee of future performance." Many of these firms have 10 unhappy clients for every 1 or 2 that write them a testimonial. Clients would be well advised to ask their lawyer to tell them about the cases the don't get dismissed. How many cases does each lawyer at the firm carry at any given time? Which of the firm's clients were sentenced to jail last year and why?

    What We Do for Our Valued Clients

      The Blanch Law Firm does much more than simply go to court. For example, we will:
    • negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentencing (by contrast, prosecutors may be uncooperative with self-represented defendants)
    • formulate sentencing programs tailored to a client's specific needs, often helping defendants avoid future brushes with the criminal justice system
    • help defendants cope with the feelings of fear, embarrassment and reduced self-esteem that criminal charges tend to produce in many people
    • provide defendants with a reality check — a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor’s offered "plea bargain"
    • uncover important legalities that people representing themselves would find almost impossible to locate on their own, because many criminal law rules are hidden away in court interpretations of federal and state constitutions (for example, understanding what may constitute an "unreasonable search and seizure" often requires familiarity with a vast array of state and federal appellate court opinions)
    • bring our familiarity with local court customs and procedures that aren't written down anywhere (for example, a defense lawyer may know which prosecutor has the "real" authority to settle a case, and what kinds of arguments are likely to appeal to that prosecutor)
    • understand the possible "hidden costs" of pleading guilty which a self-represented person might never think about
    • spend time on a case that a defendant cannot afford to spend
    • gather information from prosecution witnesses, who often fear people accused of crimes and therefore refuse to speak to people representing themselves, and
    • hire and manage investigators, who may be able to believably impeach (contradict) prosecution witnesses who embellish or change their stories at trial.

    It's Your Choice

    Regardless of who you decide to employ for Legal Representation, allow us to offer this piece of advice: DO NOT discuss your case or sign a statement without an attorney present (whatever you sign can be used as evidence against you). Do not speak to cell mates at your detention center. They all have cases and would be happy to trade on information you provide in exchange for a better deal in their case. Also, never enter a plea without first obtaining legal advice even for a minor offense. Do not hesitate. This will most likely be the most valuable call you will ever make. We will take your call 24 hours a day, 7 days a week without obligation, and provide you with general guidance and straightforward answers to the questions that are probably going through your mind right now. If your case is not the right fit for our firm we will let you know that too. Also, you should interview more than one law firm before hiring a lawyer. It's always best if you select a only after a careful investigation and comparison to other attorneys by way of consultation and independent research. Look beyond our website for information on our firm. We are confident you will be pleased. In many instances legal fees may be financed so that you can afford our services. Contact The Blanch Law Firm for a free consultation at 212-736-3900.

3 thoughts on “The Truth About Getting Your Criminal Case Dismissed”

  • I am currently being represented by a public defender in a criminal case, but I feel my lawyer doesn’t keep up with details of my case so far I have had 1 face to face meeting with her and now very soon will be going to a pre-trial conference, I can never get her on the phone and when I ask to set up a meeting with her she says, she is unable too because she is busy all week. At my suppression hearing I met with her right before court and then in court she did and said nothing so the judge believed the officer without any dought, but the original police report has the assisting officer on duty and in the discovery the original assisting officer was left out and a officer that wasn’t even present at time of arrest was added to discovery report. I have asked my lawyer repeatedly why she doesn’t have a copy of the original police report from day I was arrested and the police department refuses to give me a copy of my original police report. I feel that the arresting officer has falsified documents and committed perjury because he feels the judge is going to believe him over a defendant..

  • Is it lawful to make false statements to a court employee such as a probation officer to manipulate the terms and conditions of someones probation for their own benefit or personal agenda?

  • False statements made by former employer / landlord to a Denver probation officer caused probationers probation to be revoked which led to a 4yr DOC sentence. Probation officer also made false statements to judge which fueled judges sentence

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