Criminal Defense
Ochs & Klein have defended virtually all types of criminal offenses in Missouri and Illinois, in the state and the federal courts. James Ochs and Richard Klein began their legal careers in criminal defense working for Charles M. Shaw, the best criminal defense trial lawyer in Missouri history. When you or a loved one is arrested, the process is not pleasant. We can provide guidance and advice throughout the process, to eliminate stress as much as possible, while aggressively defending the case. The following are helpful suggestions.
Constitutional Rights
The 4th, 5th and 6th Amendments of the U.S. Constitution are your rights to be free from unreasonable searches and seizures, the right against self-incrimination (to remain silent), and the right to have your attorney present during questioning by the police. If you are questioned by the police, assert (do not waive) your constitutional rights. Remain silent about any facts. Remember, "Anything you say, can and will be used against you." Nothing you say will be used for you, when you are suspected of a crime. Allow your lawyer to be with you before making any factual statements.
Interrogation (Police Questioning)
Police are trained to obtain confessions. Sometimes confessions are obtained even when the person did not commit the crime. The pressures in some interrogations are great. The law allows police to lie to suspects in order to obtain confessions. These police officers are trying to keep our streets and our homes safe, and we need to remember that.
Politely Assert Your Constitutional Rights
Do be polite and respectful to the police officers. They are trying to help to keep us safe. They are the people we call when we truly need help. They are the ones who will fight with deadly force if needed to help us. If you are interrogated / questioned by police, remember they are trying to protect society, but you should also remember to protect your rights guaranteed to you by our nation’s Bill of Rights. You can and should respectfully assert your rights, and refuse to waive your rights, and remain polite the police.
If you are arrested, you will need to provide the police with your name, birth date, address, social security number, etc. But you are not required to make statements about any facts of any circumstances.
24-Hour Hold
The police can hold you in jail for 24 hours before charging you with a crime. During this 24-hour period, your lawyer can request a judge, in limited circumstances, to set an appearance bond, and request the Court to order the police to set you free prior to the expiration of the "24-hour hold." Your 24-hour hold will not be pleasant. It will be worthwhile to say nothing, hire an attorney, have a bond set, remain free on bond, and allow yourself the opportunity to tell the court/jury the truth first-hand from you so that your words cannot be manipulated and/or distorted.
Bond
Once you are charged with a crime, you will be entitled to a bond, and you can pay part of the attorney's fee with a bond assignment, and use your money in the most effective way possible to retain your lawyer, get out of jail and return to your family and work.
Attorney's Advice
Once you are out of jail, you will be in a much better position to assist in your legal defense. In accordance with your lawyer's advice, provide your lawyer with the contact information for the necessary witnesses to assist in your defense with brief summaries of what you would expect each such witness would be expected to testify to. The sooner you and your lawyer begin preparing your defense, the better. The police and prosecutor's have investigated the case and obtained evidence. You and your lawyer need to work right away to prepare your defense.