FAQ’s

FREQUENTLY ASKED QUESTIONS 

Q: Why do I need a  Criminal Defense Lawyer?     

A: If you have been charged with a criminal offense then you are going to be prosecuted by highly trained Lawyers known as Prosecutors. Prosecutors are the individuals responsible for presenting the allegations of a crime having been committed be it felony, misdemeanor or even a simple traffic ticket, to the court. The Prosecutor is responsible for presenting evidence to the court that tends to show that the Defendant committed the crime alleged.  A Criminal Defense Lawyer is responsible for defending against the allegations of criminal conduct alleged to have been committed by the Defendant. As the Defendant enjoys the Presumption of Innocence, the Defense Lawyers first and foremost job is to use all legal tools at the Defense Attorneys disposal to prevent the Government from destroying the Presumption of Innocence.  Protecting the Presumption of Innocence can be as simple as pointing out to the Prosecutor that there is a fatal flaw in the Governments case and when the Prosecutor looks into it, they agree and Dismiss the case which I have had happen many times over the past 30 years. Then, there are those cases that require a Jury Trial. At Jury Trial, the Prosecutor does their best to convince the Jury based on evidence, testimony and exhibits that the alleged crimes did in fact happen. The Criminal Defense Lawyers job is to challenge the States case and Fight For The Defendant every step of the way. I have won the vast majority of the cases I have tried to a Jury . 

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Q: What is the job of the Prosecutor?

A: The job of the Prosecutor is to “Seek Justice”. While this sounds simple, it is fact, very complex at times. The main goal of most Prosecutors is to overcome the  Defendants Presumption of Innocence by the introduction, in open court, of evidence that tends to show that the Defendant committed the crime charged. The evidence adduced at trial, whether introduced by the prosecution or defense, is to be admitted, if at all, in strict conformance with the Evidence Code. It is the job of the Trial Judge to ensure that the evidence adduced at trial conforms to the strict demands of the Evidence Code. The Prosecutors job , is as well, to determine from  a review of the case what witnesses they intend to elicit testimony from. These witnesses can be Eye Witnesses who are alleged to have actually seen acts and situations including what they saw, what they heard, what they smelled, even what they may have touched or tasted. Then there are Police Officer/Law Enforcement Witnesses  who are paid to investigate an allegation of criminal activity, to obtain evidence in support of the allegation of criminal activity, and to provide testimony in open court, having been sworn under oath to tell the truth, as to their opinion of what their role in the investigation shows. Sometimes Police Offices/Law Enforcement Agents testify as Lay Witnesses and sometimes Police Officers/Law Enforcement Agents are allowed to testify for the government as Expert Witnesses who are allowed on occasion to give their opinion as to the ultimate question of the guilt or innocence of the criminally accused  Defendant.  Then there is the class of Witnesses called Expert Witnesses. These Witnesses claim to have specialized learning and experience that if sufficient allows said Expert Witness to render their opinion as to issues directly impacting the fact finding role of the Jury. The sum goal of the Prosecutors efforts are to convince both Judge and Jury that lawfully admitted evidence is sufficient to sustain a finding of guilt either by Judge or Unanimous Jury. It is the Defense Attorneys job to fight the Prosecutor every step of the way. Robert Eliot Sisson has done that successfully many times over the past 30 + years.

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