Wednesday, January 29, 2014

No two cases are the same.

Often times a client or potential new client will compare the facts of their case with a friend's case or a case in the news.  The client will say their friend had the exact same charge and got this result and they want the same result or a better result.  I always tell them, "No two cases are the same!" 

There are so many variables that define and make up a criminal case. While the charge may be the same, the specific facts of each case will have a significant impact on how a case is handled and the resulting disposition of each case.  The factual distinctions are usually very subtle and may seem unimportant to you or a non-criminal attorney.  But these subtleties in facts can and will distinguish one case from another.  For example, it may be something as subtle as in a DUI case, whether a driver swerved and touched the lane marker twice versus three times that may significantly impact the entire case. 

Other variables that distinguish each case can include: the officer involved, the thoroughness of the investigation, the prosecutor assigned to the case, the presiding Judge, the client's own history, and of course, the defense attorney handling the case.  

The client's background is a significant variable in how a case is handled.  Does the client have a prior criminal history?  If so, for what and how recent?  Did the client make statements to the police?  

Having the right defense attorney often makes a huge difference on the ultimate outcome of your case.  An expert defense attorney will have the knowledge and understanding to identify the facts that help and harm a specific case.  A confident and experienced defense attorney will be able to explain and discuss with the client all the probable outcomes of the case and prepare the client for the legal system.  An aggressive attorney will argue and advocate for the best results for the client.  

I am that defense attorney.  I have been in the state and federal courtrooms of Tampa Bay for the past 15+ years and handled all types of cases from misdemeanor open container to felony manslaughter and everything in between.  I am Board Certified by the Florida Bar and an expert in criminal trial law.  If you have questions about an arrest, call me.  I can help.