August 23, 2008 by Zale.

So often it seems like there is a disconnect between Conservative Christians and the Criminal Justice system.  I don’t know why.  Jesus died from capitol punishment, as did most, if not all, of the Apostles.

Saul, before he was renamed Paul, was a prosecutor, before he found Christ.  He was responsible for the conviction and subsequent death of many of Christ’s followers before becoming a Christ follower himself.  From that point, most of his writings were from jail.

Before becoming an attorney, I did not know much about the Criminal Justice system.  Now that I’m taking criminal cases, I’ve met quite a few people who find themselves the the title of “Defendant” or “Accused”.

Most of them are good people, who have made bad decisions, choices, or have simply found themselves in the wrong place at the wrong time.  Those that have to get court appointed attorneys, often don’t have anywhere else to turn.  It’s with these folks that I see an overlooked ministry on the part of the church.  I know that there are some ministries to inmates, but so often the Conservative Christian community forgets what Jesus had to say about ministering to those that have been less fortunate or have found themselves in a bad spot in life.

So does this make me a Liberal? No.  This is what it means to be a Christian.

Posted in Criminal Law | No Comments »

July 18, 2008 by Zale.

Here’s a few thoughts that might help you as you go before the judge.

• Dress nice.  Dress as if you were going to church or a funeral.
• Be courteous to the judge.  After all, he or she is the one deciding your case.   Also, I don’t care if you grew up with the judge or not, refer to him or her as “Your Honor”.
• Do not lean on the podium, just stand there, straight up.
• Do not argue with the judge.  It will only make things worse.
• Do not drink or take drugs before you come into court.  Do not drink so much the night before that you still smell of alcohol the next day, in court.
• If you have worked a plea deal out with the DA, do not try to renegotiate it while standing in front of the judge.
• If you tell the judge you are going to get an attorney, go get one.
• Be nice to the clerks and secretaries, often they are the eyes and ears of the judge.

These are just a few tips from the errors I see in court.  I’m sure there are many others out there, but just remember, you are going to court, not Wal-Mart.

Posted in Litigation, Criminal Law, Injury Law, General Law | No Comments »

July 17, 2008 by Zale.

Err.. what?  That’s right.  You just thought you could get busted for speeding, but it appears that you can get busted for slowing too.  In a recent Tennessee Supreme Court case, the court overturned a lower court’s ruling in which the court said:

We conclude, therefore, that a driver of a slow-moving automobile impedes traffic when his or her reduced speed interrupts the “normal and reasonable movement of traffic” by blocking or backing up traffic, unless the “reduced speed is necessary for safe operation or in compliance with the law.”

So, don’t pull a Cheech and Chong and be cruising around at 10 mph with your stash in the car.  If you do, the officer has probable cause to pull you over.

Posted in Criminal Law | No Comments »

June 27, 2008 by Zale.

If you have previous criminal convictions, make sure and tell your attorney about them.

I’ve had several clients who have tried to conceal their previous convictions and pleas from me.  You might think that makes you more believable in the eyes of your attorney, but when your attorney is trying to negotiate your case with the prosecutor, it does not help when the prosecutor reveals that you’ve had a lot of experience in the legal system already.  It hurts your credibility as a defendant and some of those previous convictions may be used against you in this case.

Do yourself a favor, be honest to your attorney.

Posted in Criminal Law | No Comments »

June 27, 2008 by Zale.

While I was in court this week, listening to other cases, I overheard the judge ask a defendant if he had driven to court that  morning.  The defendant was having a hearing for Driving on a Suspended License.  It occurred to me why the judge asked that.  He asked that because people are so used to having the freedom to drive that they will even drive to court for a hearing regarding their getting caught driving on a suspended license.

The moral of this story?  Think before you go to court.  If you are going to court because your license was suspended or because you were previously caught driving on a suspended license,  exercise some common sense and have someone else drive you there.

Posted in Criminal Law | 1 Comment »