The first time I was arrested I had no idea what to do. I was young, had never been in trouble with the law and didn't know people who had been to jail So my parents did what most people do, hired an attorney. The Iran Contra Affair was in full force and Reagan and Bush were cleaning up the mess and handing out long sentences through their appointed judges. My attorney said it was best to plead guilty and avoid 20 years. I was sent to a high security federal prison. During that time I learned from some of the best teachers; those who had been convicted and could tell me everything that went wrong. There I practiced federal appellate procedure and prosecuted federal civil actions including a victory over the FBI.
What I present to you in the following is a brief synopsis of a complete strategy on how to fight and win. These guidelines should not be considered legal advice but should be adhered to as part of an overall strategy, a good starting point for your defense. These are not in order of importance but most likely in the order you will encounter them.
Rule 1) If you are questioned by a law enforcement officer answer nothing beyond who you are. "Anything you say can and will be used against you in a court of law" is absolutely true. Nothing you say can help you. It is better to spend a night in jail than to say anything. Sue later for unlawful confinement.
Rule 2) Don't talk to anyone in jail about the circumstances of your case. There are too many snitches who will sell you out.
Rule 3) DO NOT ask for a lawyer to represent you. At the early stages proceed pro se. Trials take a considerable amount of time. There are rules and procedures that make the process drag on. Don't be in a hurry. This will be discussed further later.
Rule 4) IMMEDIATELY ask for a JURY TRIAL. At your arraignment (or appearance) you may enter a plea of not guilty or it will be automatically entered for you by the court. If you are charged with a felony your case WILL be set for a jury trial. If it is a misdemeanor you will need to ask for a jury trial WITHIN 10 DAYS. of your arraignment.
Rule 5) Ask for a bond reduction. Include supporting evidence: duration of time you've resided in the community, your job, dependents, prior history (no arrest, release on OR, etc) and lack of resources.
Rule 6) Research the charge. For Indiana go to www.in.gov/legislative and click on "Laws and Administrative Rules" then select "Indiana Code". Most libraries have older versions of the Indiana Code.
Rule 7) Marshal your witnesses and exhibits. Without giving away your defense make a list of who will support you, including mailing address, and copy what documents you will use to defend yourself. This also includes photographs.
Rule 8) Go to the Clerk of the Courts Office and start researching similar cases to see how they progressed. Especially look for ones that went to a jury trial. These files are public record and court staff is there to help you. You may make copies of all materials contained within except green sheets. Here you will find the motions and petitions that others have filed. You may copy these and make changes specific to your case.
Rule 9) Next you will want to look for case law pertaining to your case. Case law is decisions by higher courts that are used to establish precedent by their determination of the application of a law.
Rule 10) Get registered to vote. Do it while you are in the Clerks Office researching or go to the license branch. These elected people are trying to determine what will happen to you. This is your chance to do the same. Take advantage even if it is a write in vote for Mickey Mouse. It gets recorded and shows others that there is dissatisfaction with the candidates.
Now it is time to do a gut check. Do you have what it takes to stand up to a prosecutor? Are you willing to take a chance for redemption and the satisfaction of winning? Will you give the judge and prosecutor additional opportunities to violate your rights or procedure. The more they have to file, say or rule on the more likely it is to happen.
If time avails itself go watch a criminal or civil trial to get an idea of the process and become familiar with it and the people involved. if you are comfortable with the situation you will be more confident and relaxed during trial and, thus, more believable by the jury. Also notice the appearance and demeanor of the players. You want to be able to blend in before going to trial. Your physical appearance, language, mannerism and demeanor will all play either favorable or unfavorable to the jury.
At a criminal trial you will see that the prosecutor must prove his allegations beyond a reasonable doubt and that the defendant is under no obligation to disprove the charges. After the jury has delivered its verdict you may approach them, let them know you are studying law, and ask if they will enlighten you as to their experience. Also ask family and friends or coworkers if they have ever served on a jury.
About two months before trial you will need to re-examine the possibility of using a lawyer. If you decide to use one that is fine. Do everything you can to help the process and make sure the attorney knows you intend to have a JURY TRIAL. Make the prosecutor file a readiness certificate and seat a jury. At each step a plea offer will likely be tendered to you. Keep them but don't agree to them. You'll be surprised at how easy it is to get the charges dropped, especially misdemeanors. Charges of A and B felonies are still usually tried but prosecutors don't like to because they generally involve significant amount of time and resources.
If you can't take it and feel you must plead guilty then make sure it is to a reduced charge. Also misdemeanors can be transferred to a pretrial diversion program.
Best of luck to you in your efforts.
-Stuart Showalter
