Thus far, I have blogged almost exclusively about The Law; that is, about the black-letter law in Texas. And while a good lawyer must know the law and know it well, this is only part of the job.
So much of being a good criminal defense lawyer is about the lawyer’s relationship with the person that the lawyer represents. I have written before about how a person’s true character is seldom, if ever, reflected by what the person is charged with—i.e., a DWI does not irrefutably indicate that the person is an alcoholic; a theft charge does not without question indicate that a person is dishonest or disreputable. Good and honest people can, and do, find themselves cast as criminal defendants (should anyone take issue with this, I would call to attention the recent boom in arrests in Denton County for the heinous offense of…Driving With License Invalid.)
That said, a lawyer’s relationship with the person that the lawyer represents should be one of not only openness and professionalism, but also one of understanding and empathy. Most have heard the expression, “but for the grace of God go I”; but for a few turns and twists, nearly everyone (or everyone that I, personally, have met) could have been a “defendant” at some point in his or her life. This is important to recognize.
Towards this, my job, as I see it, is two-fold.
First, get the necessary plan or arrangement in place to ensure that this is the last time the person finds themselves as a “defendant.” That often means substance abuse counseling; or finding work; or disassociating from “problem people”; or impulse control—and sometimes all of these and more. Criminological theory (essentially, theories about why we have crime) is an expansive body of critical theory that posits some factors both within, and outside of, the person’s control as influences on the potential for criminal behavior. When these factors can be minimized (seldom can they be entirely eliminated), the “root” behind criminal behavior withers. This works towards addressing the underlying cause of the criminal behavior, and preventing future run-ins with the law.
A note here: this is one reason why it is critical to obtain representation after arrest, but before charges are actually filed (i.e. before you have court.) It is infinitely more convincing (and genuine) to have begun to correct the factors leading to criminal behavior prior to being formally charged than it is to correct them afterwards. This leads into the second aspect of my work.
Secondly, my job is to minimize the impact of the aberrant behavior on the person’s life. A Class B misdemeanor theft charge should not prevent a person from gaining meaningful employment for the next five years or so; possessing a gram of pot should not prevent a person from driving; and so on. However, these are the “default” direct and indirect consequences of being found guilty of theft or possession of marijuana. There are programs in place in Denton County that permit first-time offenders to keep a criminal charge off of his or her permanent record. This is another reason to obtain representation after arrest, but before charges are actually filed—it is easier to prevent a charge from being filed or to divert the person from the criminal justice system than it is to get the State to dismiss a charge that has already been filed. You risk too much to attempt to “go it alone.” Additionally, some of the programs (for example, Pretrial Diversion) are only available to people who are represented by a lawyer.
To do my job well, the accused person has to be on-board with both of these items. Meaning, the person has to (1) work to correct factors influencing criminal behavior; and (2) must allow adequate time for us to work together on keeping the charge off the person’s record. (By the time the charge has been filed, it is—with only a small handful of exceptions—too late.)