GENERAL CLIENT INFORMATION AND RIGHTS

CLIENT ASSISTANCE:

The first rule is that we must work on this case together. I need your help. I want you to stay in contact with me. If you move or change your phone number, I must be notified immediately. I ask all my clients to provide a written statement as soon as possible. Please write legibly and in chronological order. Remember to include every word any officer said to you and your response during the investigation, arrest, and trip to jail. It is imperative that you write this statement as soon as possible. Every day you will forget important facts. Please also provide pictures of the area where you were arrested if available. Use a whole roll of film; label the pictures with your name and what each picture is depicting. Please provide me with a list of witnesses including their full names, home and work addresses, home, work and cell phone numbers.

COURTROOM DECORUM:

Please be respectful to all court personnel. Please dress respectfully for court and arrive on time. Do not wait out in the hallway for me. Please wait in the courtroom so I will know where to find you. Turn off your cell phone or pager in court. Do not make any calls or text on your cell phone while you are in court. If your case is called by the police, prosecutor, clerk, or Judge, politely tell them that I am your attorney and they can reach me at 648-1759 (Cell) or 589-6190 (Office). Please do not ever talk to anyone about your case unless I am with you and agree to discussing the case. Do not eat or drink anything while in court. Please keep any conversation to a minimum. Please do not bring young children to court make childcare arrangements in advance of your court date.

Constitutional rights:

In our client interview, I will explained to you the rights that are guaranteed to you by our state and federal constitution. These rights include:

You have a personal right to have a trial by Jury

You are presumed innocent until the Commonwealth proves their case to a Jury Beyond a "Reasonable Doubt".

You have the right to Appeal a conviction to a higher court and ask that court to review the conduct of the trial Judge and other parties

You have the right to confront and cross examine the Commonwealth's witnesses

You have the right to have your own witnesses testify on your behalf

You have the right to remain silent (Please note that I do not want you to talk to anyone about the charges against you. The sole exception is your lawyer and your therapist).

REMEMBER

Please be aware that the Federal Government may deny financial aid for college/technical schools for any drug related conviction.

If you are on probation/parole-even just a criminal charge may result in your revocation.

If you are in this country illegally, your charge/conviction may result in your deportation.

If you move or change your phone number, I must be notified immediately .

No Contact with Prosecuting Witnesses

The Judge may, depending on the case, order that you have no contact with the prosecuting witness. You must not, under any circumstance, violate the Judge's order. A no contact order means you are not to talk, text, write, or call the prosecution witness. If you are in a McDonald's and the prosecuting witness enters, you must leave the restaurant immediately without having any contact with the witness. You are not to drive in front of their home or place of residence. You are not to have third parties, such as your family or friends, contact the witness on your behalf. Do not text or post comments on Facebook, Twitter, or MySpace.

If the prosecuting witness attempts to contact you after the Judge has advised you to have no contact, you still must obey the Judge's order and have no contact. You may not contact or communicate directly or in response to the prosecuting witness attempt to have contact with you until and unless this Court amends the order and permits contact. Even if another court permits contact, you are not permitted to have contact until all the courts have amended their order. For example, if the Family Court permits contact and the District Court has issued a no contact order, you cannot have contact with the prosecuting witness. If you have any questions regarding a no contact order, we must redocket the case and ask the Judge for clarification. Judges rigidly enforce no contact orders and do not hesitate to incarcerate those who violate their orders.

Probable Cause Hearing: (Felony Charges-carrying one or more years in the Penitentiary)

If you are charged with a felony, you have a right to a probable cause hearing within 10 days if you are in custody and within 20 days if you are not in custody. You may waive this right to a speeding hearing until your next agreed upon court date.

A Probable Cause hearing requires a Judge to find Probable Cause (more likely than not) that felony offense was committed and that you committed that felony. If witnesses are not present at the probable cause hearing we may agree to amend the charges and resolve the case as a misdemeanor or we may ask the court to dismiss the charges. If the Judge dismisses the charges in District Court, the officer or witnesses may meet with the Commonwealth Attorney and ask the Commonwealth Attorney to bring felony charges against you. Quite often, clients are encouraged to accept a misdemeanor charge(if the facts warrant it) even if the case could be dismissed in District Court, so as to avoid the charges being presented to the Commonwealth Attorney.

Pretrial:

If you are charged with a misdemeanor, your next court date is called a pretrial conference. This is often the first opportunity for the prosecutor and defense to meet with the officers and any other witnesses. I will meet privately with the prosecutors and witnesses. I do not want you part of this process because you will be tempted to make comments that may later incriminate you. No one who is represented by a lawyer is present for these conferences.

Depending on the issues presented, the parties may decide to have additional pretrial conferences. After I meet with the prosecutor and witnesses I will briefly discuss the matter with you and set a new pretrial or trial date. We do not discuss the merits of your case in the courthouse because we have no assurance that our conversation is private. I do not want you to make statements to me when prosecutors and police are walking by and listening. I am always available to talk with you in my office.

Trial:

If a case is set for trial you must meet with me at least two weeks before your trial date. Just because a case is set for trial does not mean that the case will be tried on that date. We, however, must prepare ourselves as if the case is going to be tried on that date. You will need to help me prepare your case and prepare you for trial. It is imperative that I have the names and addresses of all witnesses well in advance of trial, but no later than two weeks before the trial date.

Payment of Fines and Court Costs

The fines and court costs that are assessed by a Judge or jury are actually due on the date you plead guilty or are found guilty. If you cannot pay the fines and court costs on the conviction date, the court will usually grant you 4-6 weeks to pay your fines and court costs. This court date is called a Show Cause date. You must pay your fines to the Jefferson District Court Clerk's Office, First Floor Hall of Justice, 600 West Jefferson, Louisville, Kentucky at least one day before your schedule court date or you must appear in the sentencing court at the regular court time, to explain to the Judge why you should not be sentenced to jail for your failure to pay. DO NOT MISS THIS COURT DATE IF YOU HAVE NOT PREVIOUSLY PAID YOUR FINE AND COURT COSTS. (Please also note that my retainer and fee agreement does not include representing you at a Show Cause Hearing)

Some Judges will accept volunteer work at approved agencies in lieu of the fine and court costs. You must secure permission of the court to perform the volunteer work at one of the approve agencies at the time the Judge sentences you. Please remember the Court is not a bank where you can make payments. You are to pay your fine and costs in full. If you have some emergency, some Judges, but certainly not all, will give you more time to pay your fine and costs. Never forget to attend a Show Cause court date if you have not already paid your fine and cost. Finally, please remember to retain a copy of the receipt for your payment and fines and court costs. Never, ever, throw away a court receipt or any other court document.

Alcohol Education/Treatment Programs

I will often suggest clients enroll in a state approved alcohol education/treatment program in advance of a trial or hearing. If you are a multiple offender, I strongly recommend that you enroll with a state approved treatment provider as soon as possible. I often recommend clients call Linda Weis. Mrs. Weis is the former director of the Jefferson County Drug Court Program and many Judges have worked with Mrs. Weis and respect her opinion and qualifications. I have called Mrs. Weis on several occasions to testify on behalf of clients with drug and alcohol dependency issues. Because some of my clients have been motivated to address their chemical/alcohol dependency issues, Mrs. Weis has been able to testify that in her expert opinion jail would be injurious to my client's recovery. If you or members of your family believe you have a problem with alcohol or other substances it is critical to address it now. Mrs. Weis can be reached at:

Linda Weis
Dave Harmon and Associates
4010 DuPont Circle
Louisville, KY 40206
(502) 896-8006 Office
(502) 550-9132 Cell

I also recommend Dr. Linda Bailey if you are in need of psychotherapy counseling. Being charged with a criminal offense is very stressful for most of my clients. I have received excellent feedback from the clients I have referred to Dr. Bailey. Dr. Bailey has testified in Circuit and Family Courts and has an excellent reputation in the legal and psychotherapy communities.

Dr. Linda Bailey
9700 Park Plaza Avenue, Suite 105
Louisville, KY 40241
(502) 327-0209

Home Incarceration Program

Because of Jail overcrowding, some Judges allow DUI First Offenders and DUI Second Offenders to serve their sentence on Home Incarceration. It is imperative that you have a basic residential home telephone service and that you cancel all accessory phone services such as call waiting, caller I.D., three way calling, etc. prior to checking into the Home Incarceration Program. Only on rare occasions will Judges permit DUI Third offenders to serve their sentence on Home Incarceration. Please note the court system charges a daily fee of at least $20.00 a day to serve your sentence in home incarceration.

REMEMBER:

If you are on probation or parole you may have a duty to report an offense within 24 hours to your probation officer. Make sure that you have advised me of your criminal history and whether you are on probation or parole.

If you are arrested on any new charges, contact me immediately.

If you fail to pay restitution as ordered by the Court, a Judge is required to order the Transportation Cabinet to suspend your Kentucky Driver's license.

If any of the contact information you have provided for yourself, emergency contacts, prosecuting witnesses or our witnesses please contact me and provide me with the new contact information.

Drug Convictions may result in Financial Aid for college or technical school to be denied. A drug conviction may also result in the denial of public housing and other benefits.

If you are on probation/parole-even just a criminal charge may result in your revocation. You also have a duty to report the arrest immediately to your probation/parole officer.

If you are in this country illegally, your charge/conviction may result in your deportation.

A plea to a felony may result in the denial of certain licenses, public offices, public housing, benefits, and right to vote