Changes in the Criminal Judicial System
I've been practicing criminal law for 19 years this October. The one thing that jumps out about the changes in the criminal judicial system is that lawmakers are not getting elected based on platforms that seek to make things fairer for people accused of crimes.
Presumption of Innocence
The presumption of innocence has been watered down such that even on just a summons, a person can be required to be placed on pretrial services supervision, be subject to breath or urine tests, and have restrictions placed on parenting time with his/her children.
Permanent Criminal Convictions
Most criminal convictions do not go away. Once a conviction is on your record, it will most likely stay there forever. At least once a week someone who seeks to seal a conviction or remove it from his/her record contacts me. Pursuant to Colorado law, if there is a conviction, it is very unlikely that it can be removed. You need to know that before a conviction enters, any plea bargain has bargain in it for you.
Thorough Investigation and Research
I take the time to investigate and thoroughly research. Criminal cases must be assessed both from a litigation preparation mode as well as from a sentence mitigation mode. Ignoring either prong of the assessment results in disaster, unutilized potential defenses, and harsher sentences when the sentence is ultimately handed down.
Experience
Experience in a particular jurisdiction is essential. The attorney may not like the judge's methods or thought processes in sentencing and evidence, but without experience with that particular judge, the attorney can end up asking for that which the judge has a policy of not accepting, or for that which contrasts with the judge's philosophies. Framing motions, issues, and arguments in a manner that makes it easier for the judge to give the relief you're seeking comes with experience and judgment. For this there's no substitute.