Today’s legal climate is dangerous. Even if you can’t afford paid legal counsel, you can’t put your faith in the hands of a “pleading lawyer”, that is…a public defender whose only skill is in making deals with the State. Nearly every public defense firm in Oregon encourages their lawyer’s to avoid trials.
The Druids, from a vast network of professionals, assemble a “multi-disciplinary team” or MDT. When the government decides to indict and arrest they also assemble many resources from a wide and diverse group of agencies and disciplines. The accused must be afforded those same resources.
The State has full control of the nearly limitless resources of the law enforcement community including police investigators tasked with building a volume of evidence which will not only justify their arrest, but will win over the hearts and souls of a grand jury. Ultimately with an inflated indictment which is so frightening it is impossible to consider a jury trial, they begin to offer deals.
Besides a gaggle of police investigators, Oregon prosecutor’s have the assistance of mental health workers… from clinical social workers to licensed professional psychologists and psychiatrists to testify as to your “state of mind” at the time of the crime alleged. “State of Mind” may not seem important now, but in a criminal trial, your state of mind at the time of the alleged crime is a critical part of the state’s case against you.
They also perform another deeper function and that is to complete a pre-sentence Investigation or “PSI”. This is important because in many cases the sentence handed down by the judge is reflective of the contents of this evaluation.
The State also has the resources of a high tech crime lab which is run by the Oregon State Police. If the OSP Crime Lab has evidence which helps the prosecutor…they use it. If not, it is often never turned over to the defense. That information is kept quiet if it it tends to show the States theory is at fault.
That said, the prosecutor will choose not to share their findings if those findings run contrary to their own theory of the crime. Therefore, it is vitally important that you have people who can either run independent tests or can retrieve the findings of the OSP Crime Lab. Armed with this potentially helpful evidence in your favor…your trial lawyers can effectively argue the hard evidence which may well be enough to lead to an acquittal.
Lawyer’s for the State (prosecutor’s) often have more trial experience than your public defender. That is to say, they have argued more cases to a live jury. Most public defender’s have little or no experience actually presenting a case to a jury. Trial litigation requires a complex set of skills.
For our purposes here, we will say there are “litigator’s” who try cases to real juries, and “pleading lawyers” who do little more that mediate a settlement by way of a plea bargain. It is an important question for anyone sitting in jail on trumped up charges. You ask your lawyer if he or she is prepared to argue your case to a jury…then make it clear that is your intention.
Essentially, these pleading lawyers are working…by proxy, for the state. They are called “public defender’s” but they are paid a small amount of money and they settle the vast majority of the criminal cases in your community, through a negotiated plea. They have no incentive to go the extra mile to call expert witnesses, hire investigator’s or employ an independent forensic lab to test the evidence against you. That is until you get the Druids involved.
If you are to have any chance at mounting a defense in a jury trial, you have to have the same resources to counter the vast array of weapons in the state’s arsenal.