If you are a potential suspect in the case, you may face the stressful situation where law enforcement unexpectedly calls you on the phone, or shows up at your door, or invites you to come in to speak about criminal allegations against you. What do you say when they put you on the spot? It is natural to feel obligated to speak with law enforcement to show them you have nothing to hide. However, even if someone is 100% innocent, Robert would almost always caution them not to speak with law enforcement. Here’s why. 1. The investigator normally has already made up their mind about whether to arrest you before they speak with you. Don’t think you can talk the officer out of arresting you if that is what they intend to do. Typically, the suspect in a case is the last person the investigator speaks with after completing the rest of their investigation and making up their mind about an arrest decision. By trying to speak with you, they are often simply trying to see if you say anything to corroborate any parts of their case, even if you deny the main allegations. For example, even just admitting you were present for an incident can hurt your defense. If they have made up their mind, anything you say that does not help their case will be ignored as untrue. 2. By speaking with police, you may unintentionally give them the evidence they need to arrest you or make their case. Under the law, they have the burden of proof, and you have the presumption of innocence. Use these rights to your advantage. 3. You have important information you think would help your defense. However, there is no rush to give the information to law enforcement yourself given the risks involved. It is safer to let your attorney review the information first after having reviewed the evidence in the case. Any important information not given on the front end to law enforcement can still be strategically used by your attorney either in speaking with the prosecutor or later at a jury trial. 4. Never forget that if you go to trial, the jury will never be told you chose not speak with law enforcement. This is because under the 5th Amendment to the U.S. Constitution you have the right to remain silent and you cannot be compelled to speak with law enforcement or testify at trial. At the end of the day, it is the evidence the jury hears that matters most, not what the officer knows about your choosing to remain silent. Click "Send a Message" above or call (678) 345-8855 to schedule a free consultation with Robert

Yes. When Robert was a prosecutor, there were many times he used a defendant's statements from a jail communication as evidence against them. All of your jail calls, jail emails, and jail video chats are recorded for security purposes by the jail. You should be notified when using these communications (or when signing up to use them) that the communications are subject to monitoring at any time. As a result, you do not have a recognized expectation of privacy in these communications. Therefore, investigators and prosecutors have access to review all of these communications to see if you say anything that can be used against you. To protect your right to remain silent, do not speak about your case while in the jail (including to other inmates), because your communications can and likely will be used against you. Speaking from experience, although any communications may be reviewed, the most commonly reviewed communications are those shortly after arrest, before and after important court dates, and before and during trial. For example, it is not uncommon for a recently arrested defendant to call their family or friends. The first thing the friend or family member normally asks is, "What happened?" which often leads to the defendant giving a recorded statement about the incident. Exercise your right to remain silent to help protect the strength of your defense. Click "Send a Message" above or call (678) 345-8855 to schedule a free consultation with Robert

In most situations when someone decides to resolve their case with a guilty plea, the sentence has been negotiated between the defense and prosecutor, and both sides are asking the judge to impose the recommended negotiated sentence. However, there are times when the prosecution and defense cannot agree upon an appropriate sentence. What happens when a person does not wish to take their case to trial, but they do not agree to the sentence the prosecutor is recommending? In such a situation a person might decide to enter what is called a "blind" or "non-negotiated" guilty plea. In this situation both the prosecution and defense may present evidence and argument to the judge. The prosecutor asks the judge for one sentence to be imposed, and the defense asks the judge to impose a different, lower sentence. The judge then imposes whatever sentence they think is appropriate within the lawful range of punishment for the charge(s). There is significant risk when entering a blind plea, and there are no take-backs if it turns out you do not like the sentence the judge imposes. Generally, you should not enter a blind plea unless after consulting with your attorney there is a conclusion that there is a good chance that the judge will sentence you to something less than what the prosecutor is asking for. However, there is never any guarantee about what will happen after a blind plea, so all risk cannot be avoided. That is why most guilty pleas are resolved by negotiated sentences. A local attorney familiar with the normal sentences will be best situated to inform you as to whether the plea recommendation you are getting is reasonable or not for the jurisdiction. Click "Send a Message" above or call (678) 345-8855 to schedule a free consultation with Robert

Although it is each person's absolute right to demand a jury trial in their case, the reality is that sentences for convictions after a trial tend to be higher when compared with sentences for the same conduct as part of a guilty plea. This increased punishment that follows a conviction after a trial is sometimes referred to as a "trial tax," and depending on the charges can be many additional years of prison. Why is there this disparity in sentencing for the same conduct when compared before and after a trial? On the one hand, a defendant in a criminal case may receive a lighter sentence as part of a pretrial recommendation, because the person would be accepting responsibility for committing an offense, and the prosecutor wants to incentivize a guilty plea to avoid the risk of losing at trial or putting witnesses through the stress of testifying. That rationale for a lighter sentence does not exist after a trial. Additionally, judges and prosecutors tend to hold it against a person who takes a case to trial where the evidence of their guilt is strong, and they feel many resources are being wasted just to go for a small chance at avoiding accepting responsibility. Although the "trial tax" might at times be based upon some legitimate considerations, it should be recognized that in my experience the "trial tax" seems to still be imposed even when a person reasonably takes their case to trial and is nonetheless convicted. For example, a "trial tax" may be imposed even when a person takes their case to trial when the evidence of their guilt is weak or when there is a legitimate defense like justification (self-defense). It may be imposed even when a person has been overcharged with serious crimes that are excessive or not clearly supported by the evidence and they were otherwise willing to plead guilty to a lesser charge. Although this feels very unjust, you should know the reality is that a "trial tax" is still likely to be imposed upon people who are convicted for taking cases to trial in good faith and with a genuine defense. Out of consideration of the "trial tax," it is critical that your attorney advising you understands your goals for your case and accurately assesses the strengths and weaknesses of your case before you decide whether to take it to trial. It is also helpful for your attorney to have familiarity with how the assigned judge is likely to sentence after a trial if convicted. Despite the chilling effect the "trial tax" has upon the exercise of one's right to a jury trial, to obtain justice you have to be willing to fight for it and take that chance. An experienced attorney who knows what they are doing can help you make the right choice as to whether to take your case to trial. Getting that decision right (or wrong) can save or cost a person many years of their freedom. Click "Send a Message" above or call (678) 345-8855 to schedule a free consultation with Robert

If you have any other question not answered here, please do not hesitate to contact the office with your question at (678) 345-8855 or by clicking "Send a Message" above.