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The earlier that a criminal defense attorney is retained and enters a case, the better the outcome. Because the federal government and states have virtually unlimited resources to investigate and prosecute individuals for criminal offenses, this maxim drives our belief that the accused deserves the best representation in all proceedings, whether federal, state or municipal prosecutions or on appeal.
Whether indicted for a white collar offense, fraud, violent offense, sex offense, drug crime or any other type of offense in state or federal court, it is always best to seek out the advice of an experienced criminal lawyer, and to do that as soon as possible. This will help the client and his or her family understand the system, what to expect and what can be done to defend against the charges.
For example, when confronted by investigating agents most people are their own worst enemies; they do not understand that the right to remain silent means just that. Rather they submit to questioning or interrogation and try to explain themselves - something they do not have to do. Instead, they should call a skilled criminal defense attorney and avoid having the police or federal agents say they said something they did not say.
One of the first things we, as experienced attorneys will do is advise the investigating officers or agents that the client will not make a statement and that they should immediately cease all questioning. Then, if the client is under arrest, we seek his or her release - either without charges, or, if charged, release on a reasonable bond.
Once released, if the client is not charged with a crime, we then engage the prosecutor in pre-charge discussions to see if criminal charges can be avoided. This will require an in-depth conversation with the client, an investigation of the facts and, oftentimes, several pre-indictment conferences with the prosecutor or United States Attorney assigned the case.
If charged, the defendant and his family will face some of the most difficult times they will ever experience. Should a trial be necessary, the evidence against the client must be fully investigated and all possible defenses to the crime identified and presented in a persuasive manner. As a practical matter, although the defendant is presumed innocent and the prosecution must prove its case beyond a reasonable doubt, the reality is that jurors often are suspicious as to why the defendant is there in the courtroom, charged with serious offenses. Bias jurors must be identified to ensure that a criminal defendant receives a fair trial.
Understanding that and presenting a defense requires skill and experience in criminal trials. We at Berkman Gordon Murray & DeVan pride ourselves on years of successful representation at all levels of state and federal prosecutions.
Contact us to discuss your case. Let's see what can be done to help you.
Mark R. DeVan
• Super Lawyers: 2004 - 2014
Admitted: 1974, Ohio
Professional Webpage: www.bgmdlaw.com/index.asp?s=attorney-profiles&f=devan-mark&
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.