When you decide to hire us to defend you against criminal charges, there are 8 homework assignments we will give you-things we will want you to do to help us win your case. The truth is, even if you don’t hire us you should still complete these 8 tasks. Any lawyer worth your while will want these items done.
- Statement of Facts
- List of Witnesses
- Statements of Witnesses
- Character Letters/Reference Letters
- Brag Sheet
- Life Story
- Incident Impact Statement
- Conviction Impact Statement
Statement of Facts
Police officers generally have at least one advantage in most criminal cases: immediately after an incident, the officers write a report of what happened while the events are still fresh in their minds. You must level the playing field. As soon as possible after your arrest or any event related to your charges, you must write down everything that happened. As time passes your memory will fade, so it is imperative you do this immediately.
What should you include in your statement of facts? Everything. Really. EVERYTHING. It may help you to write what happened in chronological order. You should include: dates, times, sequences, where you were at what times, who was with you, what you knew, what other people knew, what people were wearing, what people looked like, the details of what people said (including quotes if you remember them), emotions, plans, intentions, thought processes, etc., etc. No detail is too small. Assume everything is relevant or may be relevant. Leave no stone left unturned. Your statement should be an exhaustive retelling of every event related to the charges. Leave nothing out.
List of Witnesses
Write down a list of witnesses. For each witness, include a name, phone number(s), address, and email address. You should also write down why you are including the person in the list-what role that person plays in your case. We will not contact any witness without first receiving your permission.
There are two types of witnesses: percipient witnesses and character witnesses. A percipient witness is someone who saw, heard, felt, or smelled something. It includes anyone who has any knowledge about the incident, even if their knowledge came from a third party, or you. This includes anyone you might have been with prior to or during the alleged crime and even someone you might have spoken to after the alleged crime. For instance, it might include someone you called from jail to help bail you out.
A character witness is someone who can testify about another person’s character. For instance, if you are charged with a theft crime, you might have people who can testify that you are an honest and trustworthy person.
Statements of Witnesses
If there are any percipient witnesses, we will want them to write down their own statements of what they know. Their statements should be as detailed as yours, and they should also write their statements as soon as possible to preserve their memories.
Character Letters/Reference Letters
Any character letters should also write their character letters as soon as possible and provide them to us. We may be able to use these letters in an early stage of your case.
Brag Sheet
I am sure there are many things that make you a wonderful person. Unfortunately, the prosecutor doesn’t know about them. The prosecutors will read the police reports and instantly develop their first impression about the type of person you are. I am sure their impression of you will be different than what your family, friends, co-workers, and neighbors think of you.
You should write down all the things that make you a great person. Perhaps you go to church every Sunday. Maybe you have coached your kids’ little league teams for the last 6 years. Maybe you are the only person who cares for your sick grandmother. Or perhaps you are the only person your boss trusts with the key to the store. Maybe you volunteer at the boys and girls club or volunteer at a soup kitchen every Thanksgiving. Maybe you have straight A’s in school, going to school full time and work full time just to make your family’s life situation better.
Whatever it is you say about yourself, write it down. Every single positive thing, big or small, that might change the prosecutor’s impression of the type of person you are.
Life Story
Your life story may be very similar to your brag sheet. For some people they may be the same homework assignment. If so, that’s okay. If there’s more to say about your life than you’ve put in your brag sheet, we want to know about it. The question is how did you get to where you are today, and where do you intend to be later on in life. The difference between this assignment and the brag sheet is that in this assignment, you should write down everything—the good, bad, and ugly. Remember, everything you give us is protected by the attorney-client privilege (once you hire us). We will never share anything with the prosecutor or judge without your permission and unless it helps your case.
Incident Impact Statement
What we are looking for here is how the incident, the arrest, detention, citation, etc. has impacted you so far. Some people are worried sick over their case—they can’t eat, can’t sleep, can’t concentrate on their work or their family, etc. Other people beat themselves up for doing something so stupid, go into depression, etc. Whatever impact this has had on you and your family so far, we want to know about it.
Conviction Impact Statement
In this action item, we want you to tell us what impact a conviction would have on your life and the lives of your family members. For instance, would you be fired from your job if convicted? Would you be unable to get to work and back if your driver license were suspended (for example, in the case of a DUI conviction)? Let us know all the reasons why you want and need to avoid being convicted of the criminal charges against you.
At Lounsbery Law Office, PC, we have successfully defended innumerable clients accused crimes. We know what it takes to win. We do our part to win, and the above items (plus maybe more) are your part in helping us win your case. Together we will fight to defend you against these horrible allegations. Nobody ever beat their case without exerting substantial effort. To speak with an experienced criminal defense lawyer today, call 619-792-1451 or send us an email.