If you are facing a criminal charge for just about anything, from possession of marijuana, driving while license suspended/revoked, possession of a controlled substance (meaning something other than marijuana), domestic violence to retail fraud, as well as countless other charges not named here, keeping it off of your record, if possible, is the first order of business. In the previous article, I examined how, in the context of a DUI case, the out-of-character nature of the whole situation for the person facing the charge plays a positive role in the outcome of the case. In this article, I want to overview how those same "out-of-character," "this is not who I am" feelings can help produce a better result, particularly in keeping something off your record when facing a criminal charge.
First, let's be clear: Not all charges can be kept off of a person's record. Second, there are all kinds of different legal provisions and various legal maneuverings that can essentially make a whole case "go away." It is not the purpose of this article to examine those things, as doing so would require a series of articles. If the reader is really interested in that, he or she can search around in this blog, as I have covered that subject in prior articles. Here, we are looking at how the role of who you are, as a person can affect whether or not getting out of something is possible, or even probable. Finally, I should be clear that by choice, I am a Detroit-area criminal lawyer, handling cases in the courts of Macomb, Wayne and Oakland Counties, as well as Lapeer, Livinston and St. Clair counties, and I write from my repeat, decades-long experience in these locales.
In general terms, we can assess a person in terms of "social capital," meaning where he or she is in life. This does not mean that a person is quantified in terms of earnings or net worth, but rather on how "solid" he or she is relative to things like having a job and connections to the community. For all the analysis we can do, imagine you are the Judge in 2 cases involving an identical and relatively minor offense. The first person to stand in front of you is a middle-aged, married woman who owns a home and has 2 kids and a good job. She has never been in trouble before. The other person is a 20-year old male who is unemployed, unmarried, lives with a few other guys as "roommates" and has 2 prior convictions on his record. Who do you think is the better candidate for a break?
Things like having a job matter. The actual job you have isn't nearly as important as the fact that you have one. When people work, they are busy, and have less time to get in trouble, and more to lose if they do. People who don't work can be seen as having too much time on their hands, whereas people who have a job and other responsibilities usually have too many hands on their time. I'm sure there are some people in this world who seem to be perfect, but nobody really is, and all of us do dumb things every now and then. None of the highbrow intellectual analysis in the world can put it better than the pedestrian, if not crude expression, "S#it happens." If you have to deal with a criminal charge, and for all the explaining you can do, that expression pretty much sums things up. Now the question becomes, "What are you going to do about it?"