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I've
Been Charged. What Can I Do To Help Myself? |
Investigation Article Index |
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by:
Tushar K. Pain
Why
me? How could I let this happen? If I could only go back and
undo what I did. It is only natural to engage in this thought
process when you've been charged with a criminal offence. Such
sentiments may be echoing repeatedly in your mind. You may even
feel that you cannot stop them. However, you must in order to
help yourself.
Begin by recognizing that this thought process creates feelings
of helplessness and is disempowering. If you are reading this,
then you are likely seeking to understand your predicament and
trying to gain some measure of control over the situation. This
is a major step in the right direction.
Gaining control over your emotions and thought process is
essential. It is the first step in the journey ahead. Doing this
will allow you to think clearly and make effective decisions.
Whatever has happened to bring you to this point has already
transpired. There is no benefit to re-living it and judging
yourself. Accept that it has happened. You now face a challenge
that you must confront.
Take a piece of paper and write "To my lawyer" at the top of the
page. This will preserve the privileged nature of the document.
Write down in as much detail as possible (do not worry about
including irrelevant facts) everything that happened during the
incident that lead to the charge. If you feel there is relevant
background information then include it. Also, make notes of any
questions and concerns that come to mind. This exercise serves
several purposes. It preserves your memory of the events that
you may be required to testify to many months down the road. It
gives your lawyer a complete and accurate understanding of the
situation. It helps you clarify and articulate your thoughts.
The
next task is to find the right lawyer. This may seem to be a
formidable task. After all, what do you know about the law?
Knowledge of the law is not something you need to find the right
lawyer. You are able to determine whether you like someone. You
are able to judge whether you like the person's approach. You
are able to assess a person's communication skills. You are able
to appreciate how much time that person has or has not spent
with you. Use these factors to guide you. You have a lifetime of
experience dealing with people. Rely on it. Trust your
instincts. Trust yourself.
Keep the channels of communication open. A lack of communication
between a lawyer and client often leads to misunderstandings and
a breakdown in the relationship. It is the lawyer's
responsibility to keep the client well-informed and updated on a
regular basis. But you can and should pick up the phone anytime
you have a question, a concern, an idea, or just want to know if
there's been a development in your case. A good lawyer
encourages this type of contact and will make himself available
to his clients. Make sure your lawyer subscribes to this
philosophy and take advantage of it. The more communication you
have, the better informed you and your lawyer will be. As a
result, your lawyer will be able to provide more meaningful
advice and you, in turn, will provide better instructions to
your lawyer. In the end, you will be more satisfied with the
level of service you receive from your lawyer.
Be
proactive in the development of your case. Be prepared to be
involved in the building of your defense. As brilliant as your
lawyer may be, he does not have a first-hand knowledge of the
facts. You do. You were there. The facts are everything. A good
lawyer recognizes this and will set out to master the facts. To
do this, he must involve you in the process. Review the evidence
with your lawyer. Comment on what you agree with, what you
disagree with, what you think might be missing. Share your
ideas. You may come up with something your lawyer hasn't thought
of.
Finally, maintain a positive attitude. Negative feelings will
creep up from time to time. This is natural and to be expected.
However, do not let them interfere with your focus. Simply
acknowledge them then put them aside. A positive attitude will
allow you to effectively process information and advice from
your lawyer; to give proper instructions to your lawyer; to
convey your concerns; and to generally be useful in your
defense.
Keep in mind, as bad as it seems now, you will get through this.
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About The
Author
Copyright
2002, Tushar K. Pain
Tushar Pain is
a Criminal Defense Lawyer practicing in the Greater
Toronto Area, Ontario, Canada. He represents people
charged with serious criminal offences including drunk
driving, domestic assault, theft, fraud and sexual
assault. To learn more visit Tushar's website at:
http://www.TorontoCriminalDefence.com, email:
tkpain@TorontoCriminalDefence.com or call
416-410-4838. |
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