Cape Coral Criminal Defense Attorneys: The Advantages of a Local Lawyer

In this time of the internet, many consumers of legal services are being referred to a criminal lawyer through the internet. While this has made the task of locating and comparing experience and qualifications of attorneys easier than ever before, it also can be misleading. Many attorneys from out of town advertise as Fort Myers or Lee County criminal lawyers, but they are actually based in other areas of the state. When they are contacted, they either refer the case to a local attorney, or, if the fee justifies the time and travel, make the trip to Fort Myers on a case-by case basis. This usually means that they are not intimately familiar with the particular judge, prosecutor and local rules of procedure, which may be significant in how the case is resolved. Local lawyers, who practice regularly before the trial courts in Lee County, know the players and the system. If they have a good repuatation, their representations to the court and prosecutor are accepted, as both of those entities want to have a continued professional relationship with the local defense counsel. This acts as a check on the arbitrary abuse of power, and helps to ensures that all parties, no matter how heinous the crime or difficult the case, act in good faith. The notion that local attorneys are somehow part of the system and therefore not going to fight as hard is simply not true. If anything, based on the continuing relationship of the parties, the local practitioner will usually get more slack than the out-of-towner when he or she is zealously representing a client.

Fort Myers and Lee County Criminal Lawyers

Fort Myers and Lee County Criminal Lawyers who want to get involved with a law related organization have a number of options available to them. The Lee County Bar Association welcomes members of the Bar, and has a criminal law practice section. The Lee County Chapter of the Florida Association of Criminal Defense Lawyers also welcomes new members, and only costs twenty five dollars ($25) per year in chapter dues (the statewide dues are more, and a local member must be a statewide member). FACDL Lee County has meetings on the first Thursday of every month. For more information, contact David A. Brener, Esq., at 239-332-1100.

DEATH PENALTY WAIVED IN LEE COUNTY MURDER CASE

Yesterday, I received a Notice of Withdrawal of Intention To Seek The Death Penalty in State of Florida adv. Richard Elkins. Mr. Elkins is alleged to have killed and sexually assaulted a man who had, without Elkins' permission, grabbed his genitals. The state had been seeking the death penalty since 2007, but after details in the case became more fully known, the prosecutor was persuaded to take another look at the case to see if it really justified the ultimate punishment. Capital cases are supposed to be reserved for the most aggravated and least mitigated of murders, and without Elkins' D.N.A. linking him to the sexual assault, a sweetheart deal for the older and more mature co-defendant, Elkins' young age at the time of the homicide (18), and clear evidence of extensive drug and alcohol intoxication, the case simply could not, by any reasonable standard, be considered the worst of the worst.
Usually, defense lawyers consider going to the jail a necessary but unstimulating part of their job. Seeing Richard today in the jail and informing him of the state attorney's reconsideration of its decision was, without a doubt, a very happy occassion for both me and my client.