The lawyers at Barnes, Boehm & Wright are experienced in the defense of all types of criminal cases, whether the offenses are charged as Violations, Misdemeanors, or Felonies. We can represent you and protect your interests from the time of the arrest through trial, and in any appeal process that may be required or may be beneficial to you.

Types of cases we defend:

• DWI and other Motor Vehicle offenses
• Drug Possession and Sales
• Assaults (including Domestic and Sexual Assaults)
• Theft
• Forgery
• Fraud
• Burglaries
• Negligent Homicide
• Murder

General Principles of Self-Protection

1. Shut Up!
2. Do Not Consent to Any Search
3. Do Not Rely on Legal Advice from Anyone Other Than a Criminal
    Defense Lawyer
4. Use Your Head
5. Recognize Reality

1. Shut Up! (Please!)

One of the biggest problems we face in helping people who are caught up in the criminal justice system is that more than 90% of them make statements to the police which are used against them when the case goes to court. The police are well-trained in getting people to make statements against their own interests. Officers or investigators may come on strong, or friendly, or concerned, or they "just want to clear up something" for their own understanding. Everything they do or say is designed to get you to incriminate yourself, because they assume that you are probably guilty. (This does not mean that the police are bad people, it is just how they protect themselves while doing their job. They have to assume that everyone is guilty, so they can be ready for anything that might happen.)

Do not be concerned that the police will think that you have something to hide if you refuse to talk with them. (They may already think that, anyway.) Their mere suspicion does not affect your legal interests. Your statements will.

Even if you are innocent, that does not mean that you can speak freely to the police and expect that things will work out for you. Understand that investigators do not view the matter the same way that you do; and if they think you may be involved, they may try to take advantage of your mistaken belief that you are not considered a suspect. You may unknowingly end up saying something that seems innocent and meaningless to you, but fits with some officer's conclusions as to your involvement in what happened.

It does not matter whether you write a statement, or sign a statement, or submit to a tape-recorded interview. Any statement you make may be used against you, even if it is just something that you say and some officer happens to overhear.

It does not matter much if the police do not read you your "Miranda" rights. If you speak voluntarily, your statements may be used against you. "Miranda" only comes into play if the police actually question you, and even then, only if you are in their custody during questioning. (There are also exceptions to the "Miranda" rule, which the police know about, and you don't.)

No matter how smart, or clever, or lucky you are, when you talk to the police, you are talking to someone who knows the rules of the game a whole lot better than you do, and who knows how to get what they want from you. So, please, just SHUT UP !! If you say only that you want to speak with a lawyer, then do not speak with the officers further, it is almost always the best thing you can do for yourself, innocent or not.

Do not talk to anyone about your involvement, or claim lack of involvement, in connection with any criminal charge. The person you talk to may be made to talk with the police, or they may want to do so, in order to protect themselves from some charge.

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2. Do Not Consent To Any Search

If police officers or investigators want to search your home, your car, your luggage, you have the right to say NO. It is almost always in your best interests to do so. Even if you think you have nothing to hide, are you certain that the friend you picked up at the airport is carrying no contraband? Are you certain that nobody who has been in your car (since you cleaned it last) left or dropped anything that might be considered contraband? Do you truly know what might be considered illegal contraband? What about that antique your spouse brought home? Are you sure it wasn't stolen, then sold to the person from whom your spouse purchased it? Did the price on that CD player you bought from a relative carry a price too low to be real? You get the idea.

A search may turn up something illegal, whether or not you are aware of it. Possessing stolen property, or drug residue, or any other contraband, will get you arrested. The truth about your knowledge, or lack thereof, will not convince the police, and will have to come out at trial. Meanwhile, your arrest makes the evening news. It will probably not be in your best interests to attempt to explain to the police, or to speculate with the investigators as to how the contraband came into your possession. SHUT UP, other than to indicate that you want to speak with counsel before talking to the police. (See preceding paragraphs.)

But maybe you can avoid the whole problem if you simply tell the police that you DO NOT CONSENT to the search. If they do not have a search warrant, they have to leave you and your property alone (unless they have some other legal basis to search). This will give you time to contact a lawyer, who may be able to find out what they are looking for, and why the police want to search your belongings. If the police search despite your protest, the court may later decide that whatever the police found may not be used against you at trial.

If you are stopped on the road, the police will want to search your car. A frequent occurrence these days is that they stop any vehicle carrying young people, or non-whites; cars with out-of-state plates; any vehicle that is not operating in line with the officer's notions of "normal" operation, for any possible Motor Vehicle violation (for example, 5 miles over the speed limit, rapid lane change, broken tail light, license plate covered with snow, "erratic operation").

Then they ask if they can look around your car. They frequently ask "Is there anything in your car you don't want me to see?" There is obviously no good answer you can give to such a question. If you say no, they will then ask why you do not want them to search, in an attempt to play on your guilt and get you to allow them to search or to admit that you are carrying contraband. If you answer the question with "yes", they have you. You have given them "probable cause" to search your car (which they did not have until you answered) and you have made a statement that may be used against you later in court. (They may have the legal right to search your car, anyway, depending on the reason for the stop, and what happens at the scene, but you make things worse if you do not clearly indicate that you do not consent.)

A good answer to any request to search your car, your home, or any of your possessions is: I DO NOT CONSENT, BUT I WILL NOT PHYSICALLY RESIST. Repeat it every time they ask, and in the presence of others, if at all possible. This is, in many cases, your best defense.

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3. Do Not Rely On Legal Advice From Anyone Other Than a Criminal Defense Lawyer

The police, your parents, your spouse, your friend who has been in jail a number of times, all may give you advice, or you may ask them for advice. You place yourself at risk if you rely on advice from anyone other than a criminal defense lawyer.

The police do not have your best interests at heart, even if they seem friendly. Their job is to solve crimes, and it does not matter to them who is found guilty. Most police do not know the intricacies of the law. Many of them know a lot, but not how things work when you get down to the details. You rely on their advice at your own peril.

The police do not have the legal authority to make deals with you in exchange for information or cooperation, except in rare circumstances, where they involve superior officers or prosecutors or both. Only a criminal defense lawyer can tell you for sure whether any proposal is legitimate. If the police offer you something in exchange for your cooperation or information, you had better get a lawyer involved in order to make any such deal happen. Otherwise, there is nothing to prevent a misunderstanding between you and the officers or investigators as to what the terms of the deal were supposed to be, or even whether there ever was an agreement.

Your parents or spouse may have good information about any number of topics, and they may have always given you good advice in the past. But unless they practice criminal law, they will not be able to steer you in the right direction when it comes to protecting your interests in the criminal justice system. Family members tend to act on emotion, rather than on a full understanding of the legal consequences and a rational review of the options available to you. The criminal justice system is set up to run in logical ways, without reference to emotion or "the way things ought to be."

If you get any advice from someone who has been in jail, and especially if they have been in jail more than once, PLEASE consider the source. If they know so much about the law, why have they gone to jail? How smart can they be? Do yourself a favor and talk with a lawyer, instead.

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4. Use Your Head

It is frustrating to criminal defense lawyers that many people don't have a clue as to what conduct is against the law. Make yourself aware, and act accordingly. For example:

Any unwanted physical contact with anyone, even if you are related to them, may be classed as an assault, for example, ripping up a wedding picture and throwing it at your spouse; poking your finger in someone's chest while making a point during an argument; spitting on someone; throwing a snowball at someone who was not expecting it. These situations have all been the basis for jail sentences in this state.

Any measurable amount of drugs can be the basis for a possession charge – such as marijuana residue in a pipe; a few marijuana seeds in an ashtray; cocaine residue in a discarded plastic bag. And if you have more than one container with drugs in it, you may be charged with possession with intent to sell.

If, during an argument with your girlfriend or boyfriend, you push your way into their home, and you break something deliberately, or take something that you claim is yours, or kiss them against their will, you can be charged with a felony Burglary (unauthorized entry with intent to commit a crime – in my examples: Criminal Mischief, Theft, and Assault).

Failure to return rental property in line with the rental agreement can be classed as theft. This applies to items such as video rentals, power tools, cars, or library materials.

If you choose to engage in some conduct – especially if it is fun, or feels good, or makes you a quick profit, or saves you a lot of money – and you don't know for sure whether it is legal, then it probably isn't, and you are taking your chances. Listening to that little voice inside your head, and deciding not to do whatever it is concerned about, is the best way to avoid legal problems which can follow you around for the rest of your life.

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5. Recognize Reality

Even the best lawyer cannot get you out from under a criminal charge if you break the law, and then leave evidence at the crime scene, at your home, or in your car; or if you tell people about the crime; or if you tell the police about it. Regardless of how things look on TV, most people who have committed a crime end up paying for it in some way.

A good criminal defense lawyer will assert all available defenses on your behalf, but this does not guarantee success. There may also be technical or Constitutional defenses that have more to do with botched procedure than with the facts of the case. Sometimes the State simply cannot prove the case to the satisfaction of the jury, for one reason or another.

But please remember that lawyers rarely work miracles. It may be that all that a lawyer can do (especially if you have talked to someone about the crime) is control the damage you have done to yourself, by re-focusing the court's attention away from the facts of the crime, and onto some other aspect of the situation.

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