Donald H. Heller, A Law Corporation
Sacramento White Collar Criminal Defense Attorney Frequently Asked Questions

Three questions that I am asked most frequently are:

1. How do I select a lawyer to represent me in a matter that has serious consequences?

a. Interview several competent lawyers, but make sure the lawyers interviewed have the training and experience to represent you in the type of matter in which you seek assistance;

b. Ask the lawyer interviewed about their experience and most importantly, if the case might have to be tried, whether the lawyer has ever tried a case and if so, how many. Make sure you ask the names of the cases, where the cases were tried and the result. Do not be taken aback by a lawyer who claims he or she was insulted by your inquiry; lawyers who have actually tried cases will have no problem answering such questions, lawyers who have not tried cases, will provide diversionary answers – remember that you should not be providing a training exercise for an inexperienced lawyer on your dollar;

c. Ask questions about fee arrangements and how the lawyer plans to staff your case; and while it is always difficult to predict the cost of litigation in advance, most lawyers who have had experience can provide estimates of the cost of litigation through its multiple phases. A misunderstanding regarding the cost of litigation is probably the most prevalent complaint one hears as to reason for strained attorney/client relationships;

d. Most importantly, you must feel comfortable with the lawyer you select, assuming equality of training, intellect and experience. Comfort with a lawyer is extremely important when you embark on a litigation journey which is guaranteed to be at times stressful, agonizing and expensive.

e. BEWARE OF GUARANTEES. Only inexperienced or deceitful lawyers will provide a guarantee; if a lawyer does guarantee a result, have the lawyer put the guarantee in writing.

f. BEWARE OF UNSCRUPULOUS LAWYERS. There are unscrupulous lawyers who advertise that they handle federal and State criminal appeals and have never actually had a reported case and/or  represented a person on a federal appeal.  Ask for a copy of a brief that has been filed which contains a case number, or a writing sample of the attorney’s work.  Experienced and ethical appellate lawyers will have no hesitancy in providing a copy of an appellate brief that has been filed or examples of their work product. 

g. BEWARE OF LAWYERS NOT ADMITTED TO PRACTICE IN CALIFORNIA.  There are lawyers who are admitted in states other than California and practice “federal tax law” or “federal securities law” and who have offices in California and who are illegally practicing law in California if they represent clients in California.  Lawyers who are not admitted in California but who reside in California cannot appear in the federal or state courts in this state, nor can they perform legal services in this state without admission to the Caliifornia Bar.   Business & Professions Code § 6125 provides: “No person shall practice law in California unless the person is an active member of the State Bar.” If you have paid such lawyers a fee for representation in California you might be entitled to a refund of the money paid to that lawyer.

2. Should I talk with a police or other law enforcement officer or investigator who wants to ask me a few questions and has told that I really did not need a lawyer?

Prisons are filled with people who spoke with police officers and federal agents who “wanted to help and get their side of the story”. Every person has a constitutional right to counsel and a right not to incriminate himself or herself. One of the most important aspects of a criminal case occurs before a lawyer is engaged, that is when a subject of an investigation is approached by a law enforcement officer. A lawyer will know whether you are one who should speak or remain silent. Before you speak you are the master of your words, once you speak, you may well become a slave to your words.

3. lost my case in the trial court and I want to appeal – what are my chances?

Any answer that doesn’t include the initial response of not very good would be misleading and untrue.   In point of  fact more than 90% of criminal convictions are upheld on appeal. Overturning a conviction is difficult assignment for a lawyer. The cases that do get reversed on appeal are cases in which the trial judge made an error of law that compromised and violated a substantial constitutional or statutory right of a defendant and was found to be prejudicial and deprived a defendant of a fair trial.  Challenging factual findings are traditionally fruitless, particularly, since on appeal a defendant is no longer presumed innocent but rather the evidence reflected in trial transcript is looked at in a light most favorable to upholding the verdict.  Experienced criminal lawyers who have tried cases and who have extensive knowledge of constitutional and criminal law can spot legal issues which negatively affected substantive rights of a convicted defendant and if the violation is substantial rather than minor or without legal consequence, then a reversal may occur if the errors at trial are properly presented to an appellate court. There is no substitute for an experience and competent criminal appellate lawyer.

Financial Crimes, including Bank and Mortgage Fraud
Computer Crimes
False Statements and False Claims
Perjury
Health Care Fraud
Obstruction of Justice
Bribery and Public Corruption
Conspiracy
Mail Wire Fraud
Insurance Fraud
Forgery
Foreign Corrupt Practices Act
Intellectual Properties Crimes
Tax Fraud