Friday, June 21, 2013

What Will Happen to Me?


Potential clients sometimes come to me with a set of facts and ask, "What will happen to me?" It usually sounds something like this:

I got a DUI last year, and now I was arrested for MIP (Minor in Possession) and I was also caught with 4 ounces of marijuana and I was also shoplifting at the time while running a red light and I had an AK-47 in my trunk that I knew was stolen when I bought it off some guy in an alley who also sold me high explosives, which I only use for recreational purposes. And by the way, I think I have 203 outstanding parking tickets from 2005. What will happen to me?

These sort of facts make an attorney's head spin, because it shows a pattern of behavior completely out-of-control and beyond the skill of most attorneys to handle. This one statement quite literally contains over 20 separate criminal charges of varying degrees that, if charged, could land someone in jail for the rest of their nature life. So, you can see how it is difficult to answer such a question.

However, an honest attorney will make an attempt, and the answer should be, "I don't know; it depends."

Most people understand that in situations like this they are in big trouble. They don't really know how bad it is, but they want a worse-case-scenario to prepare themselves for the inevitable jail time. An attorney could count up all the possible charges and assume that convictions will result and give a number, say 30 years, and $250,000 in fines. But, that wouldn't be telling the whole picture.

The fact is that hiring an attorney is the best way to address a handful of charges like this and simply knowing how much possible time you are facing doesn't help that much. If you are facing a real legal mess, an attorney can help sort things out and break it down to the least common denominator.

For instance, if you committed a bunch of property crimes because you were intoxicated or high on drugs, but you didn't really hurt anyone that requires you to go to prison for years on end, they might be able to work a deal with the DA for a guilty plea on one charge, a dismissal on the rest, and a mandatory stint in drug rehabilitation. District Attorneys will often work these sort of deals out to prevent the time and effort required to convict you on multiple charges.

Working a deal like this is often impossible on your own though, so it is always best to hire an experienced and reputable criminal defense attorney to help you with these issues.

And so, while it is important to understand the sort of time and penalty you might face from charges pending against you, that isn't necessarily the big picture of what you will ultimately face. Unless you've gone on a rampage and killed or hurt people, the list of charges won't always mean you will face the full penalty of the law, since the judicial system prefers to help people rehabilitate in the end.

Good Luck!

Disclaimer: This post is meant for informational purposes only and should not be construed as legal advice within the bounds of a professional relationship, and does not create an attorney-client relationship. It is always best to seek counsel with a competent attorney licensed in your state, experienced in your area of issue, and fully informed about the facts of your case.

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