Author: tylerdperez

We work all angles to receive the best deal

For purposes of a state constitutional speedy trial analysis, no presumption of prejudice arises from the delay after the filing of the complaint and before an arrest or formal accusation by indictment or information; rather, the defendant seeking dismissal must affirmatively demonstrate prejudice. However, when the issue of a violation of a statutory time limit arises before trial, prejudice will be presumed unless the prosecution successfully meets its burden of showing good cause for delay. Similarly, because statutes of limitation reflect a legislative construction of the speedy trial guarantee, courts may appropriately conclude that delays between the filing of a complaint and the arrest of a defendant which exceed the period of limitation applicable to the charged offense are unreasonable and thus presumptively prejudicial. Thus, delays that are uncommonly long may trigger a presumption of prejudice.

It is of utmost importance the attorney working on a matter examines the necessary time periods of arrest, filing, and indictment. At Earl Carter and Associates, we work all the angles to either receive the best deal possible or have the case dismissed. In one of our cases, our client was finally brought in on a 10 year-old warrant. At the arraignment, an oral Serna motion was more than sufficient for the magistrate to dismiss the matter, a drug possession and sales case. It is even more important to note that if the matter of speedy trial is not raised, it is therefore waived. The professionals at Earl Carter and Associates handles business similar to this every day so you do not have to, and it has greatly benefited several of our clients.

The courtroom can be a highly emotional place

The courtroom can be a highly emotional place, as demonstrated by this video filmed in a Michigan criminal court. Admittedly, criminal cases involve all sorts of facts, some of which can illicit extreme emotional responses from those involved. This includes judges, District Attorneys, Public Defenders, private criminal defense attorneys and defendants. Understanding this fact, and understanding that emotions in a courtroom can have an impact on justice and on people’s lives, it is critical that if you have a criminal case you are protected from infringements on your freedom due to one party being overly emotional.

For example, I have represented many clients whose case is being handled by a district attorney who seems to have an emotional reaction to the type of crime being accused. Recently I handled an animal cruelty case which was being prosecuted by an assistant district attorney who seemed very emotionally reactive to the case. After working with this district attorney, it quickly became apparent that she was a true animal lover, and consequently this caused her to despise my client and want to impose a punishment that, in my view, was far too harsh under the circumstances.

A skilled criminal defense lawyer is so valuable to you when you are facing criminal charges, as they can identify people and circumstances that seem to trigger extreme emotional response, and make sure that these do not impede your ability to be dealt with justly.