Every criminal case is different because the charges, facts and circumstances are rarely ever the same. However, there are certain defense strategies and tactics that are employed in virtually every case. Every case requires an extensive interview of the client and a thorough investigation of the allegations, usually with the aide of a private investigator. Each case must be analyzed for motion issues before deciding a course of action. In almost every criminal action, there is some conduct by the police, prosecutor, alleged victim or witnesses that can be challenged in court to eliminate or restrict the admissibility of evidence. If there are no legal motions to pursue, the client must decide whether to proceed to trial and defend the case on its merits or to negotiate a settlement.
In addition to analyzing the case for legal motions, it is usually a benefit for the client to "slow the process" down. First, prosecutors tend to tire because they have a constant flow of new cases. Therefore, they are more agreeable to reducing charges or negotiating a fair resolution. Second, it affords the client an opportunity to engage in counseling or community service which is helpful for negotiating the case or to convince a judge to impose a lower sentence. Lastly, it allows time for a complete and thorough defense investigation.
In many criminal cases, there is an underlying problem that influenced or caused the criminal conduct. The problem may be one of addiction to alcohol, or illegal or prescription drugs; anger management; financial pressures or certain sexual issues. Depending upon the type of problem, we will refer you to the appropriate experts. Our professionals will work to provide the best choice for you and your family members. Having a professional assist in defining the problem and developing a plan for recovery can be critically important in the outcome of the case. In negotiations and in court, our Milwaukee criminal defense attorneys emphasize the solution to the problem and seek alternatives to jail through treatment programs.