A responsible criminal defense lawyer will state his theories and beliefs about criminal law and procedure and the criminal justice system so that prospective clients can make an informed choice about whether to retain a particular lawyer. Before retaining a criminal defense lawyer, you should take the time to learn something about his theories and beliefs.
A. The Overbearing, Sometimes Abusive, Use of Government Power
The government has enormous power and virtually unlimited resources. The target of a criminal investigation or a person formally accused of a crime needs an experienced criminal defense lawyer as counselor, advisor and advocate to confront and fight the government on their behalf. It's David vs. Goliath. And the stakes are high. Criminal defendants often stare into the abyss. They stand to lose freedom, employment, hard earned fortunes, and some times even life itself.
"The people never give up their liberties but under some delusion or coercion. The greater the power, the more dangerous the abuse. For people crushed by law have no hopes but freedom from power." Edmond Burke
Mark E. Kraynak, Esquire is dedicated to protecting his clients during this dark hour. One of the great thrills and joys of practicing criminal defense is helping clients who are in danger and leading them to safety. The attorney-client relationship is truly pure in the sense that the attorney owes his client the utmost duty of loyalty and good faith.
The overarching issue in every criminal case is the client's best interest. In some cases, the client's best interest is served by entering into a plea bargain with the state. Other cases go to trial. But only an experienced criminal defense lawyer can conduct a swift, thorough investigation, deftly review the evidence, objectively apply the facts to the law, determine whether there are any technical legal defenses, and assess the probability of success at trial. Especially if a case is going to trial, Mark takes the time to get to know his clients very well so that the jury will know them before passing judgement. This is a criminal defense lawyer's sacred duty.
B. The Maniacal, Well Intentioned, Blockheaded "War on Drugs."
The "War on Drugs" is stupid. Prohibition was one of the worst policies that the United States ever implemented. It financed and gave rise to organized crime. And it didn't work. The "War on Drugs" is an analogous failure. Certainly, the "War on Drugs" has high minded, legitimate objectives: 1) a healthy, productive population; and 2) the reduction of violence associated with drug trafficking. Yet if the
billions of tax dollars currently being confiscated from U.S. citizens and spent (i.e wasted) on drug interdiction, investigation, prosecution and incarceration was instead invested into education, treatment and a persistent barrage of truthful advertising about the physical and moral implications of drug abuse; this country would be far better off indeed.
This Economist article accurately sums up the situation.
The United States has less than 5% of the world's population but almost a quarter of the world's prisoners.
Click here. As explained in this New York Times article,
"Efforts to combat illegal drugs play a major role in explaining long prison sentences in the United States as well. In 1980, there were about 40,000 people in American jails and prisons for drug crimes. These days, there are almost 500,000."
The violence associated with drug trafficking would be immediately eliminated upon legalization because drug traffickers would simply be put out of business. The trick would be to legalize drugs but not, consequently, sanctify drug abuse. In this regard, a persistent advertising and education campaign would be necessary upon legalization. Addicts should get treatment, not hard core prison time. School children should be truthfully taught about that multifaceted harm (physical, financial, and moral) caused by drug abuse and drug addiction. Drugs should be legalized.
Because he believes that drugs should be legalized, Mr. Kraynak will vigorously and enthusiastically represent anyone charged with drug possession, drug trafficking, and related drug offenses such as money laundering and asset forfeiture.
C. Pit Bull or Poodle?
Mark Kraynak, a criminal defense lawyer with 14+ years of criminal law and criminal trial practice experience, will give you straight forward counseling and advise, respect the need for confidentiality, and he will fight the government on your behalf like a pit bull when necessary. The adversary system of justice depends on pushing the other side as hard and as far as you can.
"In the face of accusation by the people, an accused has but one person in whom he can confide, his counsel, whose allegiance shall be undivided, his trust uncompromising, his efforts tireless. Immersed in proceedings far too complex for the unacquainted, the accused blindly places faith in his attorney to protect him at every turn. It comes as no surprise, therefore, that those facing significant restraints on liberty invest whatever resources they have to retain the very best counsel available." United States v. Urbana, 770 F.Supp 1552 (S.D. Fla. 1991).
D. Retainer Fees
Retainer fees in criminal cases vary quite a bit. There are no set or standard retainer fees.
Fees vary widely from case to case depending on numerous factors including the time needed for fact investigation. A homicide case, for example, is almost always made or broken on the crime scene investigation. If the defense theory does not fit the facts gathered at the crime scene, then you don't have a defense– unless you can show the detectives screwed up the evidence. Therefore, a criminal defense lawyer's first job in a murder case is to carefully analyze the crime scene. This takes time. Fees depend on other factors as well including the nature and seriousness of the charges, the client's background, procedural posture of the case, complexity of the case, estimated cost of forensic experts, and various other intangible factors. Consequently, retainer fees are adjusted upward and downward on a case by case basis.
E. Associating Co-Counsel and Hiring Experts
The law is driven by the facts. The facts must be discovered. A capable detective is a great asset to a criminal defense lawyer.
Click here to learn more. Mark Kraynak has access to the top criminal detectives in Colorado, throughout the United States and beyond. From time to time, Mr. Kraynak associates other criminal defense lawyers to help with certain aspects of a criminal case. Sometimes, a criminal defense team must be assembled like in the O.J. Simpson case, for example. Associating another lawyer(s) and delegating responsibility is, in some respects, like hiring the proper forensic experts and private investigators to work the case. Mark pays close attention not only to the evolving criminal law, but also the personalities (lawyers, judges, detectives, expert witnesses) in the criminal law field in Colorado. The criminal law is vast and complex. Criminal defense lawyers often develop expertise in a select few, arcane areas of the criminal law. A competent criminal defense lawyer has connections with other criminal defense lawyers. Mark Kraynak knows exactly which lawyers, detectives and forensic experts to consult with, associate, and hire in every criminal case
