Approach to Criminal Defense in Vermont
Criminal cases are different than other matters commonly handled by attorneys. While most civil matters concern money or other civil obligations, each criminal case carries the threat of harsh penalties, including imprisonment, and a system which can seem indifferent to an individual’s unique set of circumstances. For these reasons and others, I begin each case by simply asking the client what his or her goals are: what is an ideal resolution of the case. As each case presents unique facts, each client is an individual whose own goals must be taken into account.
In order to appropriately and successfully advise any client, a lawyer must begin by reviewing his clients case in light of the burden the state will have: what are the elements of the offense the state must prove to convict?
The first step here is to find out what really happened. What facts does the state have wrong and/or what facts are they missing? Because the typical police investigation seeks to develop evidence to support a case against an already identified suspect, instead of conducting an investigation of the facts which would then lead them to a suspect, it is important to understand immediately what additional investigation we will need to conduct.
During the investigation we also analyze the state’s evidence in light of the facts we discover, always asking, “does the state’s evidence necessarily lead to the conclusions they have drawn?”; “to what extent do newly discovered facts effect the state’s conclusions?” When we have gathered all the necessary facts we can turn our attention to legal defenses that the facts present.
Legal defenses are, generally speaking, pursued by filing motions. Motions are requests of a court to make specific orders or rulings. In most criminal cases, we will be asking the court to exclude evidence because it was obtained by the state in violation of a statute or the constitutions of Vermont or the federal government.
In nearly every case, the defendant’s attorney and the attorney for the state engage in plea discussions, which may or may not lead to a plea agreement. In a plea agreement the defendant offers to plead guilty or no contest in exchange for an agreed upon sentence. The decision on whether or not to enter into a plea agreement belongs to the client. While the vast majority of criminal cases are eventually resolved by plea agreement, a client always has the right to a trial by jury.
In short, I believe that the process must focus on the client. To that end, I do everything possible to educate my clients about the process and advise them of the strengths and weaknesses of their individual case. I believe that an informed client will be better able to understand and participate in the defense of his or her case.
If you have been charged with a crime anywhere in Vermont, call me for a free consultation.