Stacie L. Patterson Felonies Law Blog on Lawyers.com

PROACTIVE APPROACH TO CRIMINAL DEFENSE FOR AFRICAN-AMERICANS

It has been widely reported that African-Americans may be disproportionately targeted by law enforcement, charged with more serious crimes and sentenced more harshly whites.  Regardless of whether one believes that laws and law enforcements strategies and officers are biased, there are actions that African-Americans can take to ensure the best outcome when being investigated or charged with a crime. 

I was a Deputy Public Defender for ten years.  During that time, I represented defendants after charges were filed.  Consequently, in many cases, my negotiating strategy was constrained by the charges and allegations which greatly enhanced the sentence faced by my clients.  Such large potential sentences, limit the judge's ability to impose lenient sentences and often make trial too risky.

Since leaving the Public Defenders Office, I have learned the benefits of a proactive approach to criminal defense.  As soon as a person learns s/he is being investigated, s/he should responsibly participate in the defense.  This proactive approach allows defense attorneys to build a rapport with law enforcement officials and prosecutors before charges are filed and present a resolution before the stakes are too high and the prosecutor must seek a conviction.  To even the playing field, African-Americans must take charge of a defense investigation and address any underlying concerns regarding the activity as soon as s/he becomes aware an investigation has been initiated.

BE PROACTIVE

I recently represented an African-American man who shot another at point blank range.  I was retained within a day of the shooting, well before the shooter’s arraignment date.  I immediately called the prosecutor and told him that I had been retained and would like an opportunity to show him why my client had not committed a crime and should not be charged.  The prosecutor responded that there was sufficient evidence to convict my client and he intended to charge him.  The prosecutor, however, was amenable to providing me time to make my case.

The client agreed to hire an investigator to find and interview witnesses, obtain information regarding the purported victim and discover any other evidence which might be useful.  We were able to show that the purported victim’s claims were not true and more importantly, the victim was a violent bully with a significant criminal history.  After my voluminous presentation, the DA decided not to file against my client.

African-Americans who are under investigation must not sit by and wait for the police and prosecutors to make a charging decision.  If an African-American takes a proactive approach prior to charges being filed, s/he will have an opportunity to show prosecutor the weaknesses of the government’s case, the reason the equities are in the potential defendant’s favor and why severe charges will not support any goal of government.  In response, the prosecutor will reject the defense attorney’s proffer immediately, appreciate some of the nuances of the purported crime and charge less severely or decide that the charges cannot be proven and not file.  Even if the prosecutor files serious charges, the defense attorney and DA’s office may be able to reach an agreement regarding bail which will allow the client to address his charges while out of custody.  Lastly, if the defense attorney and prosecutor are unable to reach any agreements, the defense attorney will be better able to make a strong bail argument by getting to know the client, his family and the allegations before arraignment.

ADDRESS UNDERLYING CONCERNS

Often a  person who is being investigated for a crime, may have underlying issues which brought him or her to law enforcement’s attention.  For instance, the person may be addicted to controlled substances, have trouble with anger management, need to avoid certain friendships or relationships, misunderstand sexual boundaries or have caused a financial loss.  It is best to begin to address these issues as soon as possible.  If a defendant is engaged in drug treatment, sex offender therapy, or mental health counseling or has repaid the victims of a crime, a judge will be more likely to take seriously the defense attorney’s argument at bail or sentencing that the defendant will not commit any further crimes, is remorseful for what has already occurred and is willing to address the concerns of the Court.

When a defense attorney tells a client to get into to treatment or find the funds to repay the victim, the defendant should do it -- immediately.  Delay will limit the attorney’s arguments for reduced bail and a lenient punishment at sentencing, if the case proceeds that far.

CONCLUSION

The criminal justice is system is rife with problems.   Courts and the law require speed – which often works to the detriment of the defense and many question whether the presumption of innocence truly exists.  However, in order to receive justice, defendants must be proactive during the investigation stage of a potential prosecution and address the concerns of the prosecutor and Courts. 

Much of what I have suggested will require that a private attorney be hired.  Public Defenders cannot be appointed until arraignment and many opportunities are lost by then.  Prosecutors will have made charging decisions, some of which may involve “mandatory minimums” or “no probation” allegations which severely limit the defense attorney’s options.   In addition, serious charges may result in bail which is prohibitively expensive.  Remember, freedom is not fee and in most circumstances, an investment in experienced criminal defense counsel coupled with a client’s willingness to take responsibility for his defense will payoff. 

About Attorney:  The Law Office of Stacie L. Patterson is a boutique criminal defense firm in San Diego committed to providing high-quality and cost-effective services in a caring, honest and aggressive manner.  Ms. Patterson is a solo practitioner and gives each of her clients individualized attention. She represents individuals accused of San Diego sex crime and professionals facing licensing issues with the State of California.  If you have any questions or feedback, please contact Attorney Patterson directly at 866-674-5954 or by email 24 hours a day/7 days a week.