Defending the Impossible Case

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If you want to win, the first thing you have to do is realize that no case is impossible to win. The other thing you have to do is to define what a “win” is. When the facts and the evidence overwhelmingly point to guilt and public opinion is 100% against you, realistic goals are a must. I have been defending the really tough criminal cases now for thirty years. I can honestly say, the absolute hardest cases to win are the ones involving sex crimes with children. The police are determined to prove the child was molested. They do a one sided investigation and often bury evidence that negates guilt. The prosecutors, generally women, often approach the case with a vengeance, turn a blind eye to exculpatory evidence, offer no deals and seem hell bent on burying your client is State prison for life. The judges often are former prosecutors and regrettably lean towards admitting anything the prosecutor asks for. Thank god for juries!
In America, you are entitled to a jury of your peers… theory. In Sarasota or Bradenton, if you are young, black or Hispanic that theory goes out the window. The juries here consist of predominantly white older conservative Christian mid-westerners. In my criminal practice, I have tried cases over the years in many States, cities, towns and venues. The juries here on the West Coast of Florida are tough, pro law enforcement and ultra conservative, particularly when it comes to sex crimes. Understanding juries and how the people here think is the first step towards winning.
What many young lawyers do not realize is that winning starts in the jury selection process. A lot of the young defense lawyers are former prosecutors and have little or no experience in jury selection from the defense perspective. I have tried hundreds of jury trials. There is no substitute for interacting with thousands of potential jurors and experience is an absolute must when it comes to picking a winning jury. We live in a computer age, where a lawyer with the click of a mouse on Google or Facebook can learn volumes about a potential juror. You see, jurors do not necessarily tell you the truth during jury selection, and being able to look into their background during jury selection is critical. Times have changed and to be a good criminal defense lawyer, you have to change with the times. In defending Internet sex crime cases you have to educate the jury. Older jurors are clueless when it comes to what is really going on in the Internet dating sites and mostly clueless as to modern views about casual sex. The sad fact is that some attorneys have not adapted to the modern times. Winning starts with selecting the right criminal defense lawyer for your case. Winning starts with having a defense lawyer with the right attitude. Winning requires an attorney with experience, skill and determination. Winning is never giving up. Winning is possible. Call for a free consultation Aiken O’Halloran and Associates of Sarasota at 941 366 3506 or Aiken O’Halloran and Associates of Ft Myers at 239-334-8890

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