First, we believe our clients.  If your attorney will not believe you, who will?  We believe our clients until the evidence shows they are wrong.  That means that if we are told a fact scenario that greatly differs from what is alleged or that is unusual, we will believe the client and pursue the case with those facts in mind.  (NOTE: This means that you really do not want to give your attorney false facts, as it could damage your case to send your attorney chasing after the wrong evidence.  However, we know that when faced with criminal charges, our clients want an attorney who will take them seriously and give them every benefit of the doubt.)

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Second, we use those facts to develop an overall plan.  Was there a stop where the cop did not have a reason to pull over our client?  Did a cop jump the gun and perform a home search before getting a warrant?  Did the officer set up our client by enticing them in a way that constitutes entrapment?  The facts will determine what motions we file and how we pursue the case.  One set of facts may have us putting in a speedy trial demand, while another may have us postponing the trial as long as possible. 

Third, we always file motions.  Lots of motions.  Why?  Even if you do not see evidence that allows for a motion to be filed, you never know when that motion may be relevant.  In criminal law, motions not filed within 10 days of arraignment are waived.  That’s right: you waive your rights.  While there are ways to petition to have the ability to file motions, we would rather know we can exercise our client’s rights.  The right motion can end a case, so why would you not be prepared?  Cases are won and lost on motions.

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Fourth, we listen to our client’s goals.  Someone under 21 facing misdemeanor marijuana possession may have a primary goal of saving a driver’s license.  Someone facing felony assault may be focused on dropping it to a misdemeanor to save a job.  Someone facing a sex crime may be adamant that they did not do it and want a trial by jury.  Whatever the goal, we develop a strategy on how to best reach it.

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Finally, we get every option on the table possible.  We simultaneously work for the best position for trial, while negotiating to get the best offer on the table.  Why?  You will never get a case dismissed if you do not negotiate.  Further, a client who wants to go to trial may be willing to accept one minor charge if the others are all dropped.  Similarly, if you do not treat every case as though it is going to trial, you may miss a great negotiating point to reduce charges for a client whose goal is to get the best plea possible.  Therefore, an attorney should simultaneously aim for the best trial strategy while negotiating with the prosecutor to get charges dropped or reduced.  Then, the client gets to choose between the best options the attorney could get for a deal or for going to trial.