Part 4: Bond Conditions, Initial Client Meeting and First Steps by Defense Counsel
Now that you know how to find and hire the best criminal defense attorney for your case, we will discuss what you can expect throughout the criminal trial process. This and the following eight installments in this series will examine the criminal case from start to finish and provide commentary and insight to how you can expect your defense attorney to handle your case, as well as things you should do as an active participant throughout the case. Although all cases won’t necessarily proceed through the entire trial process (e.g., your case might get dismissed or you might make a plea agreement with the State), it will be helpful to know what could happen down the road and prepare your case accordingly. Continue reading to learn what you and your attorney should do to get your case off on the right foot.
Criminal Defense Is A Team Sport
Hiring a criminal defense attorney to handle your case should set in motion a series of events: some of which will require your attention and input, others of which will be handled exclusively by your attorney or his/her paralegal. If you are in jail following an arrest, it will be your attorney’s first responsibility to work on securing your pretrial release. This may require the attorney to file paperwork with the court and secure a bond amount from the judge, or assist your family in hiring a bondsman to cover your pre-set bond. During this time, your initial interview might take place in the jail or utilizing video conferencing technology.
If you have not previously met with your attorney before you retained them, your initial meeting will be very important. Of course there will be paperwork to fill out and forms to sign, money might be exchanged, and then you will be able to delve into the facts of your case, the possible trial strategies and the potential outcomes. If you previously met your defense attorney during a case consultation, then he/she should already have an idea of what your case looks like and what your defense will entail. Beginning now, and continuing throughout your interaction with your defense attorney and his/her representatives, it is imperative you operate honestly and openly when discussing your case. Because of years of experience, most good defense attorneys can smell a bullsh*tter a mile away, and you are the only one who will be harmed if your defense attorney cannot trust what you are telling them. Put another way: it will do you no good to rose-color or embellish your version of the facts because the actual facts will eventually come to light.
We cannot overemphasize the importance of your initial meeting, and suggest you make notes, as your attorney will cover a wide range of information. Your attorney should be prepared to explain complicated legal terms and concepts by using examples and anecdotes, and sometimes re-explaining things to you until he/she is confident you understand the important factors of your case. Likewise, don’t be afraid to ask questions, even repeating questions until you receive a satisfactory explanation. If you have difficulty understanding English and your attorney is not able to communicate with you in your preferred language, your attorney should help you find a family member or friend to assist or hire a translator to be present at your meetings and court hearings.
A Prepared Defense Attorney Is A Successful Attorney
The Texas Bar Association instructs that when possible, it is important that the criminal defense lawyer “be familiar with the elements of the offense and the potential punishment range, if the charges against the client are already known.” He/she should also “obtain copies of any relevant documents that are available, including copies of any charging documents, recommendations and reports made by pretrial services agencies… law enforcement reports, and… reports from jail staff on the client’s mental health status at the time of booking into the jail and the client’s current mental health status” (if representing a client with an existing mental illness).
Also according to the Texas Bar Association, per the Texas Code of Criminal Procedure, “If appointed to represent an indigent client, counsel shall make every reasonable effort to contact the client not later than the end of the first working day after the date on which counsel is appointed.” It is a good practice for even retained defense attorneys to follow this same deadline, one important reason being that the client might be facing deadlines or court appearances that he isn’t even aware of, and timely assistance must be made by the defense attorney. In very limited circumstances, within three business days might be appropriate but should not be the norm.
During your client meeting your attorney will explain the attorney-client privilege and tell you not to talk to anyone about the facts of your case unless instructed to do so by your attorney. The attorney-client privilege is a very important aspect of your relationship with your attorney because it protects anything that is said or any documents that are passed between the two of you. Your attorney cannot be compelled to disclose or testify about your conversations or these shared documents (only in extremely limited circumstances), thus strengthening the trust between attorney and client. One way this can be violated is if the client discloses facts, details and trial strategy to a third party, friend or relative: that person can in some instances be compelled to disclose or testify about what you told them.
Your bondsman should have explained the terms of your pre-trial release and bond conditions, but if you have questions or are uncertain about any of the terms, now is the time to talk about it with your defense attorney. In limited circumstances, your attorney might be able to petition the court to alter or remove certain bond conditions, especially when you are able to show that you have been following them successfully. Your attorney might even ask you specific questions about your ability to follow your pre-trial bond conditions to confirm you understand each and every one of the terms and ensure there aren’t any vague conditions that could be accidentally violated. Your attorney will be prepared to assist you if you do run afoul of your pre-trial bond conditions, but it is more important that you don’t commit a violation to begin with. Being able to comply with all of your bond conditions shows the pre-trial services, the judge, and the prosecutors that you are able to follow the rules and are productively working towards reconciliation of your case.
Cofer Law Stays Two Steps Ahead In every Case
If you had a prior consultation with Cofer Law, P.C. regarding your current case, then rest assured many wheels have already been put into motion. As soon as you fill out this form on our Web site you will be contacted within 24 hours. Similarly, if you call our office directly one of our Fort Worth Criminal Attorneys will contact you, usually on the same day. Following your free initial consultation, your Cofer Law attorney will already have compiled notes on your case, considered the elements of the alleged crime, discussed potential defenses to prosecution, and explained possible outcomes of your case. And once you have selected Cofer Law to represent you in your case, we hit the ground running by assisting you in securing pre-trial bond release or ensuring you are meeting all of your pre-trial bond conditions, petitioning the court to reduce or remove bond conditions, collecting police and court documents, and laying out plans for attacking the State’s case. Throughout your case, we use the latest technology to keep you thoroughly informed about the proceedings of your case, and will schedule phone and in-person meetings as necessary to discuss important developments.
During your Initial Client Meeting we will discuss:
- Statement of the case facts;
- List of potential witnesses (including both witnesses in your favor and witnesses for the state) along with current contact information;
- List of evidence that should be preserved;
- Names and current contact information for family, friends, and associates who can confirm information provided by the client;
- Criminal history;
- Prior and current performance on community supervision;
- Client’s ability to meet conditions of release, and potential for success if placed on community supervision;
- Statement of medical and mental health history/needs;
- Description of client’s ties to the community.
