Former Michigan Prosecutor | Jonathan Andrew Paul
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Being Pro-Active in Michigan Criminal Cases | Better Results in the Courtroom

11/26/2013

 
I deal with clients on a daily basis who are usually first offenders or despite a criminal record, found themselves in a bad situation, which they deeply regret.  My clients are seeking mercy and wish they would go back and change their bad decision.  I tell these clients that we need to take a step back, because sometimes the truth doesn't matter; you could think you've committed a crime, but if the prosecutor cannot prove it beyond a reasonable doubt, the truth may not matter. 

If after reviewing the case, we as a team decide that the evidence is quite strong, and it may be better to seek a negotiation with the judge and prosecutor, it's always good to be able to show actions along with words.  I can talk my client up as the greatest person in the world who is really really sorry for what they did, and they want a reduced charge, better sentence, avoiding, or even a dismissal of the charges.  While I can be quite persuasive, most prosecutors and judges need more than my kind words.  I know this because when I was a prosecutor, I had plenty of good attorneys making their best pitches.  What I was really looking for were actions along with those words.  What I mean is I wanted to see what these people were doing since they were charged with a crime.  Are they sitting back and letting their attorney run around as their public relations agent, or are they doing things to improve themselves and bettering their community, which they are charged with a crime.  

Sure being charged with a crime doesn't mean you're guilty, but when there's smoke there's fire and simply being charged with a crime should make someone motivated to put themselves in a better light.  If you're pulled over for drunk driving with a high BAC number, but there might be some issues with the police stop, you were still behind a wheel over the legal limit, and you should probably attend AA classes or seek treatment during the pendency of the case to show that you're addressing any issues.  You might be a candidate for a reduced charge or a dismissal, but if you're simply sitting back and not addressing the underlying issue, you might not get the benefit of the doubt or the great result.  I always wanted to see people charged with crimes making their best effort to back up their attorneys words and show me why they deserved a break or the benefit of the doubt.

Now as an attorney who represents people charged with different crimes, I've taken this approach with all of my clients.  I'm very proactive in my approach to getting my client the best possible outcome.  It's team work, and I'm going to demand certain things from my client in terms of them doing some leg work during their case, but based on my experience as a prosecutor, and in implementing this plan, taking this approach simply gets better results than other approaches.  I may tell you that I want you to do some community service, and get in 4-5 hours every week and attend an AA class before we go to court.  Sure that doesn't sound like a lot of fun, but it's going to get you better bond conditions, less restrictions, less supervision by the court, better plea deals and possibly a better sentence.  Better if I'm tough on you than the judge.  Am I right? And what's the downside in volunteering in your community and making sure you don't drink? The judge isn't going to let you drink during your case anyway, and if you do, you may go right to jail - better to make sure you don't and you learn more about people with real problems.  Better to learn from others and avoid things getting worse.  

Think of it like I'm your coach, and I'm demanding a lot of out of you during practice to get ready for the game. The more I prepare you and make you work hard outside the courthouse, the better results in the courtroom.  If you're not ready to work as a team to get you better results, you might be better off speaking to a different attorney who isn't going to work to achieve your goals.  They will make promises, but what's their game plan to get that? It's easy to say you want results, but they won't happen without the proper plan.  I have this plan, and once hired, we will start this plan.   

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