Legal Question in Criminal Law in Texas

Access to Information

Hello. Im looking for an attorney to represent me because I have been charged with sexual assault. At this point thats all im being charged with that I know of. What information about my case do I have access to so that I pick the best attorney to represent me. I dont want to assume Im only charged with one count, just to find out later that their are several and my attorney cant handle the case.

Thank you


Asked on 7/14/08, 2:50 pm

2 Answers from Attorneys

Pat Montgomery Board Certified in Criminal Law by the Texas Board of Legal Specialization

Access to Information

You should not talk to the police under any circumstances. If you do not believe me, watch this video.

http://video.google.com/videosearch?q=%22talking+to+the+police%22&hl=en&sitesearch=

If you are arrested you should say repeatedly: "I want to talk to a lawyer," and nothing else.

If you cannot afford an attorney, you should ask that one be appointed. If you do not care for your appointed attorney, you can always fire him/her and hire private counsel. Meanwhile, their services may benefit you.

You should start saving money for a bondsman and a lawyer. Do not allow your lawyer to act as your bondsman, it is a bad idea. A bondsman wants a case closed as quickly as possible in order to avoid potential liability if the client does not show for court.

A lawyer, however, may require extended time to obtain your best possible result. Therefore, I believe there is a potential conflict of interest in acting as both lawyer and bondsman.

You should interview Board Certified Criminal Lawyers. Of the thousands of lawyers in Bexar County, only about 50 have this credential. You can visit the Texas Board of Legal Specialization website to see the list. Many are judges or prosecutors, unavailable for you to hire.

Would you go to the local minor emergency clinic for complicated open heart surgery? Of course not! Sure, they're doctors, and maybe even good ones, but with your life in the balance they will refer you to a Board Certified Cardiologist, a specialist.

When you're charged with a crime, then your reputation and your freedom are at stake. There are over five thousand lawyers in Bexar County, but only 53 private lawyers have the specialist certification you need. That means only one in a thousand lawyers in private practice in Bexar County is a Board Certified Criminal Law Specialist.

Unfortunately, most average lawyers won't refer you to a certified specialist. Do not let an attorney who is not Board Certified try to convince you that his lack of certification is unimportant, any more than you would allow the doctor at the minor emergency clinic to conduct your heart surgery.

How do you choose a criminal lawyer? You need a Board Certified Criminal Law Specialist. Call these lawyers. Ask them questions. They can't bill you for talking on the phone! Get a second, and third, and a fourth opinion. How much do they charge? Did they ever prosecute people just like you? Do they send privacy-invading solicitation letters to arrested persons? Do they pay a lot of money to advertise in the yellow pages?

Set up a few appointments for interviews. Then hire a specialist.

Remember, these 53 are the only private lawyers among many thousands in Bexar County who are Board Certified Criminal Law Experts. Check for yourself at TBLS.ORG, or look for a lawyer in your county.

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Answered on 7/14/08, 4:02 pm
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Access to Information

Hello there,

Outside of talking to many board certified lawyers you should do research on what lawyers specialize in sexual assaults. You should also look to see what success they have had with sexual assault cases. Ask them how many sexual assaults they have won. Ask for the defendants names and do a public records search through the county to make sure the lawyer was honest with you.

Just because someone can pass a board certification exam doesn't mean they can be the best advocate for you. I know many board certified lawyers that were prosecutors and have never received a not guilty verdict.

Do your homework and hire the best lawyer you can because your life is on the line.

Sincerely,

Erick Platten

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Answered on 7/20/08, 8:21 pm


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