Hi, my name is Dan Hartman. I have practiced Aggressive Criminal Defense since 1996.
My background includes several hundred jury drials and thousands of satisfied clients. Many attorneys who represent criminal clients do not concentrate on this area of the law as their primary focus. I chose criminal law because I believe that "true freedom" starts with the security of knowing that your government will protect you. However - when the government charges you with a crime and levels its unlimited resources in an attempt to punish you, it is a terrifying experience.
Quickly a citizen learns how feeble their "rights" really are... A person is often treated as though they have been convicted before t hey ever arrive at court. A citizen is arrested and lodged in jail; they are often only released with payment of a bond which contains conditions and limits their freedom. Many times the media will publish the arrest into the community making the citizen embarassed and causing others to treat them as though they are guilty.
During this time of helplessness a competent and aggressive attorney can offer peace of mind by helping control how the process works and explaining what will happen to the citizen by the parts of the system the attorney can not control.
Ultimately, an attorney has two major responsibilities to his client - First, the attorney must prepare the case. This is done by understanding all the facts - not just the ones presented by the state - In addition, the attorney must understand the laws that apply to the situation. Finally, the attorney must know the procedure including how that unique court works, as judges vary the practice from court to court.
Second, the attorney must accurately inform the client of the risks and rewards of aggressive litigation to force the prosecution to dismiss the charge, the jury to acquit the defendent, or the state to reach a favorable compromise.
Clients basically fall into two categories: The innocent client and the one who made a mistake.
An innocent client poses a few challenges. This client is always in disbelief that this is really happening. This client expects that this will all just go away and that some mistake has occured that will be quickly fixed with minimal effort.
The innocent client's disbelief in the seriousness of the situation often causes that client to make mistakes - both before & after being charged which the state will use against you.
I explain that being charged with a crime is like legal cancer. Some of the cancer is your fault from risk factors like smoking, some of it happens thru no fault. Good people get cancer who don't deserve it and did nothing to cause it. Some cancer is serious or fatal, other is treatable. Cancer must be treated aggressively and caught early - just like a criminal charge.
It doesn't matter why you got the charge, you must take the charge very seriously and devote the energy and resources to defeat or mitigate it's impact on your life - denial will not help.
Often times an attorney will invoke constititutional rights which police sometimes ignore, prosecutors diminish, and judges are reluctant to enforce. It is a responsibility of a defense lawyer to hold the state to the rules because that protects our freedoms.
Often times an attorney will contest facts - this requirement that the prosecution must show evidence of guilt (even when client is guilty) protects the innocent clients from ever being charged.
By asseiting your rights (defending all factual issues) an attorney can place you in a better position to settle your case for consequences you can live with.
The client who made a mistake - When you have done something wrong the criminal defense lawyer must unequivocaly represent you agressively without reservation or hesitation.
It is important to explore why you committed the error to see if there is a defense or "mitigating factor." It is also important to understand so you do not find yourself back in trouble.
It is not my job to make sure you get a punishment or learn your lesson. It is my job to make the case go away or decrease the penalty (if I cant).
My pledge to you
- I will ethically raise all defenses to laws & facts to minimize the consequences or cause the case to be dismissed
- I will inform you of the process and procedure so that you understand what is happening.
- I will gain you the best alternative for trial for you to make an informed choice on settlement.
- I will take your case before a judge or jury whenever this is your decision & effectively present your side of the matter.
- I will understand you to represent you in the pre trial, trial, and (if needed) sentencing phase.
- I will protect you from your government when even your friends & family wont stand by you - I will explain who & what you are about and make sure that your story is told.
Everyone deserves another chance!
