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So You Wanna Fight?

Posted by Raymond Kimble | Sep 22, 2015 | 0 Comments

The Real Truth

Search the internet for an attorney to represent you in a criminal matter.  You'll see dozens of advertisements by criminal defense lawyers in any city who tout themselves as "the most aggressive," or "having won thousands of cases," or perhaps offering a "relentless defense."  Want to know how the practice of law works in the real world and what's really important to a successful outcome?  Read on

In Phoenix, Arizona, where I have practiced criminal defense for the last twenty years, there are probably upwards of 25,000 people each year who are arrested and charged with various types of crimes.  Guess what?  Less than two percent of those cases will actually proceed to trial.  The remainder will be resolved by way of a plea agreement, diversion or outright dismissal.  So is it most important to have the "most aggressive lawyer" or the "relentless  defense"?  

What Really Matters

Sure, most qualified criminal; defense lawyers will become aggressive when the situations calls for it and are capable of conducting a trial.  However, when choosing an attorney to defend you against a criminal charge, there are a number of other factors you should look at.  These include, the lawyer's overall reputation, his intelligence and experience and perhaps most of all, the lawyer's ability to negotiate.  Undoubtedly,  trial experience is important.  However, chances are your case will resolve without going to trial.  Consequently, the ability to negotiate a favorable outcome is extremely vital.  

When I am hired to defend a client in a criminal matter, there are a number of items I am particularly interested in.  Specifically,

  • the nature of the charge and any mandatory sentencing laws
  • the client's previous history and prior felony convictions
  • the client's version of the events including his contact with police
  • pre-trial discovery, including police reports, photographs, 911 calls, witness statements, etc.

Most experienced criminal defense attorneys have a general idea  whether a case will resolve or is likely to go to trial very early in the process.  Therefore, negotiating tactics are very important in obtaining the best results for a client.

Don't Put All Your Eggs in One Basket

Issues will arise in some cases which can affect whether a prosecutor will be able to use certain evidence against you.  Maybe there is a legitimate argument that police unlawfully searched you or your house, or whether they did not advise you of your Miranda rights before questioning you or used improper techniques to identify you.  In these cases a motion can be filed which challenges whether the evidence can be used.  However, the operative  word here is CAN.  Unfortunately, in most situations courts will rule in favor of the police and prosecutor unless there has been a clear violation of your rights.  Consequently, is it smart to file a motion and hope for the best? Maybe instead the better practice is to bring the issue to the prosecutor's attention and use it as a negotiating tool for a better result.  You only get one bite at that apple.  If you lose the motion, any negotiating leverage you have is lost as well.

You Get More With Honey Than Vinegar

Anyone involved in the criminal justice system has observed the attorney who wants to scream at every hearing and fight with every prosecutor or judge who has a different position then theirs.  Surely it is entertaining.  However, it is not effective at all.  If fact, criminal defense attorneys who engage in this practice usually cause prosecutors to "dig in their heels" and wind up placing their clients at a disadvantage.  In my twenty years of experience defending sex crimes, homicides, property offenses and drug and marijuana crimes, I have found that my clients receive better results when we :

  •  are cordial to prosecutors, judges and court staff   
  •  are realistic in terms of a favorable and appropriate outcome
  •  properly investigate and evaluate the strengths and weaknesses of our case
  •  take our time to make logical decisions without relying on pure emotion

Probably the best advice I could give to a client searching for a criminal defense attorney in Arizona is that :

"a good attorney will know the law, a great attorney knows the law and how to negotiate."    

I have conducted numerous trials during the last twenty years in all types of criminal cases.  Rest assured however, the experience of trials has taught me that the ability to negotiate on behalf of a client is just as, if not more important than the ability to try a case before a jury.

If you or someone you know has been arrested and charged with DUI or any criminal offense, call an attorney with the experience, negotiation and trial skills to get you the best results.  Call me, Attorney Raymond Kimble, directly at (480) 833-8613.

   

 

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.

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About Raymond Kimble

Raymond A. Kimble is a former police officer and felony prosecutor who has twenty years experience defending people accused of DUI and other criminal offenses throughout Arizona. Mr. Kimble represents clients seeking experienced and aggressive representation to help them fight the charges they face. For more information, contact The Law Office of Raymond A. Kimble today.