Bread on the Water: Why I Give Legal Information Away for Free on the Internet

Some of the information on my website is content for which other attorneys charge beaucoup bucks. The truth of the matter is this: it is an incredibly competitive market. When someone comes to my website and obtains information that other attorneys might disguise cryptically while encouraging contact for a free initial consultation (and, thus, the “sales pitch”) I offer the information for free to educate potential clients and hope that, if they are satisfied or at least better informed, now or next time, I will be their first choice. A criminal prosecution is an anxious time for a Defendant and his or her family. They have many unanswered questions. A good lawyer will provide answers.

For example, potential clients want to know how long a criminal case in Iowa might last so they can brace themselves for the long term marathon ahead. Simple. It can take months. Technically, even a “speedy” resolution under the law can require up to 45 days to indict and as few as 90 days to prosecute, try, and dispose. That’s a total of 135 days, or, four and a half months. There, that’s the answer. It can be longer but it’s a good rough estimate based on the criminal rules.

Second, potential clients want to know whether they can turn themselves in rather than be arrested at their workplace. Sometimes this is true. Other times, detectives and investigators prefer the element of surprise. The sound of the other shoe dropping is ominous but it’s sometimes unavoidable.

Third, once a defendant is in custody, they want to know if talking to the police will help them. Reasonable legal minds can disagree but my answer is this: no. You have a right to remain silent. Use it. Simple answer. The longer answer is that most people want to know why they are being arrested and what information the police will use to seek prosecution. They want the flow of information to come to them. Sorry, any information the police give you is not trustworthy. Law enforcement officers are legally allowed to engage in a “narrative” to  build rapport and render more malleable a reluctant interrogation target. In other words, they can lie to a suspect. Which makes anything they tell you worth nothing and everything you say admissible in court. With an informational value proposition like that, there is little to be gained from a sit down with the police.

 
Fourth, bond is confusing. The three typical permutations of bail are these: cash, surety, ten percent option to the clerk. Cash requires cash. Surety allows a bail bondsman to post a piece of paper called a bond which is the equivalent value of the bond required, and ten percent option allows family members to cut out the bail bondsman and post ten percent of the total bond to the clerk of court without paying a bail bond fee. That money can be used to apply to court costs and fines later. In some cases, it will be returned to the party posting bond if it can be established that this money does not truly belong to the defendant.
 
Fifth, preliminary hearings don’t typically happen in Iowa. A defendant won’t have to show up for this hearing—remember, initials PH for preliminary hearing. Don’t assume a hearing is a preliminary hearing. When in doubt, show up. Otherwise, the State can recommit to bail and the Defendant will be in jail for the entire time the case is pending. Remember the 135 days? Yeah, that long and possibly longer if there are delays.
 
Sixth, some charges require mandatory minimum prison sentences and others don’t. The amount of time a Defendant may spend in prison is a more complicated matter that requires an actual sit-down and review of court papers. In short, there are four classifications of felonies in Iowa: A, B, C, D. A Class A offense includes homicide. Several Class B offenses exist including certain sexual predatory offenses called “Super Bs” that can result in double the typical prison sentence. Most Bs are 25 year prison sentences and some carry with them mandatory minimum 70% no-parole requirements. That means that a seventy percent offense will require 17.5 years in prison before eligibility for parole. Class C and Class D offenses carry 10 and 5 year prison sentences, respectively. They are typically indeterminate. Some can be suspended, meaning probation is a possibility. Others cannot. It will take a thorough review of the complaint and trial information to determine the classification and range of penalties applicable in a given istuation.

Seventh, pretrial motions can include suppression of evidence. It requires a violation of constitutional rights that the Court recognizes. Some include Fourth Amendment violations like illegal search and seizure. A review of the "discovery" is required to determine whether a legitimate suppression issue exists to file a motion and have a hearing.

Eighth, a good number, because the violation of the Eighth Amendment prohibits the cruel and unusual punishment of children convicted of crimes for which there are lengthy mandatory minimum prison sentences without the possibility of parole. The law in Iowa is evolving in this way and it is important to include an analysis on this basis.

Ninth, plea bargaining is different in every case and depends on the facts and circumstances of a specific criminal prosecution. No attorney can promise results and anyone who does should be viewed with suspicion. There is no way to predict the “success” of an attorney in a particular case. Experience is helpful but “bad facts” are not. Over 90% of all cases in the United States are resolved with plea agreements.  All attorneys must begin each case on a trial footing; in other words, every competent criminal defense attorney will pursue two tracks: trial at the same time leaving the door open for plea negotiations and, by law, communicating every bona fide offer to the Defendant.

Tenth, jury trial includes a partnership as between the defendant and the criminal defense attorney. An attorney should make every effort to pursue requested theories of defense and possible witnesses. Defendants should participate in jury de-selection, including a review of the jury questionnaires and the assembly of a list of possible “strikes”

Finally, communication is the most important aspect of criminal defense. If a Defendant does not “click” with his or her criminal defense attorney, representation can suffer and the disconnect can become a distraction.

A blog is not legal advice. No attorney-client relationship is established by reading a blog or sending unsolicited information to an attorney over the Internet.