How to Handle the Criminal/traffic Case

• Library: Criminal Law Forms (ABA) (2013 Ed.)

How to Handle the Criminal/Traffic Case

Getting Known to Potential Clients

Prior to the invention of the Internet, potential clients came to your office by three primary ways—prior clients who referred their friends, current clients who got caught again, and the yellow pages. The Internet has replaced the yellow pages.

While walking out of the courtroom, we give every client a yellow "Fish Card," which provides the following information:

Advice on Arrest for a Criminal Violation 1. Tell the police officer or detective that you wish to talk to your lawyer. Repeat this request to every officer who speaks to you.
2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.
3. Beyond identifying yourself, give no other information. Answer NO to other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it."
4. Call your lawyer at the first opportunity.
NOTE: If you are arrested for drunk driving in New Jersey, you must give breath samples before you call your lawyer.
Remember: Even a fish would not get caught if it kept its mouth closed. OJ remained silent and went out playing golf the next day. Call the Kenneth Vercammen Law Office, 800-NJLAWS 7, or visit our website: BeNotGuilty.com. We are in Edison, N.J., 732-572-0500. Portions Copyright Allain Marain 1988

Often the attorney is sitting with the client at initial interview and the client explains what he or she said to police—a confession. The client then tries to say the arrest is illegal because he or she was not read the Miranda warnings. We explain that an arresting officer's failure to read Miranda does not void an arrest, it just keeps out what was said after the arrest. I then give the person the yellow Fish Card and tell him next time to say nothing.

After appearing in traffic court, I walk the client to the violations window to pay the fine. I explain how much we saved him by getting the tickets dismissed. Then I give clients the Fish Cards and say, "Call me when you get your next one." They say there will not be a next one. I say, "You weren't planning on a first one either, but we're both here." We always ask new clients how were they referred. Occasionally someone has one of our yellow Fish Cards.

General Telephone Calls to the Law Office

You should not provide legal advice over the telephone. Callers will not hire you. Instead, they will use your advice to negotiate on their own. Our office does, however, often advise potential clients of some of the mandatory penalties and jail terms that the court could impose. This makes people realize the seriousness of the charge. Our office schedules a consultation and directs them to bring in a copy of the complaint, all their papers in connection with their case, accident report, and any documents they received from the Motor Vehicle Commission. Oftentimes our office instructs them to write a confidential narrative if it is a case that is fact-specific or involves a great deal of detail, such as an assault case.

Answering the Phone to Determine if Current Client, Potential Client, or Insane Person

Phones should be answered by the second ring.

1. Answer the phone—"Welcome to __________'s Law Office, how can I help you?"

2. Ask caller: "What file is this regarding? Who is our client? How can we help you?"

Write down everything they say.

If the caller does not want to discuss what the matter was in reference to, and there is another office attorney available, have him or her speak with the caller. Otherwise, take a detailed message and advise the caller that someone will call him or her back.

Never, ever say "Managing attorney is too busy to talk or schedule appointment." Say "He is in court at __________" or "He is working on a brief that must be filed in the Superior Court today."

Potential new clients should be asked:

1. Who referred them to our office (e.g., prior client, another attorney, Google, YouTube, newspaper advertisement, union, etc.). If they give you a person's name, ask them if this person is a prior client or an attorney. Advise them that we like to send a "thank you for referral" letter.
2. The type of matter they are calling about, e.g., criminal, traffic, car accident, probate, personal injury, etc. Use letter-size scrap paper to write down this information.

For all new and/or potential clients, a referral source is required, especially if the referral is from a prior client. Write down the name of the prior client: e.g., JOHN DOE prior client, JANE DOE, Esq. If they give a name, ask if that is a prior client, an attorney, or how they know us. You can send a thank you letter for the referral.

Scheduling Appointments for Criminal/Traffic Ticket/Municipal Court Potential Client Callers

To schedule appointments, have the appointment calendar in front of you to see what days and times the Managing Attorney has available. When a section is blocked, this means that no appointments should be scheduled for those times.

All appointments scheduled must also be marked in the Appointment Calendar. Enter the first and last name of client or potential client. Please put your initials next to the appointment you are scheduling and the type of matter they are coming to the office for—e.g., Mary Doe, DWI.

If your law office uses a computer for appointments, add to your calendar immediately.

You should try to schedule appointments on the hour—10:00, 11:00, etc. However, if client requests an appointment on the half hour—say, 10:30—then it can be scheduled.

The latest appointment to be scheduled for the Managing Attorney is 5 p.m. (4:45 on Fridays). For clients who specifically need a late-night appointment, check the appointment calendar to see when the Managing Attorney has an evening court appointment and schedule it to be held in the night court reception area. Do not schedule Saturday appointments. The Managing Attorney has law seminars and running events.

1. If Criminal/Municipal Court-related Appointment, use the Criminal/Traffic Ticket Intake Callers Form and do not write up a separate telephone message [Form 1]. Try to get them in the same day. Don't ask, "When is it convenient?" Instead tell them, "We have an available appointment today at ___. If not, how about tomorrow at 10:30 a.m.?" Try to sell the office and how you can help them. Clients should also be instructed to bring all paperwork and information connected to their matter to the office at the time of their appointment.

Complete addresses to the office should be provided, since sometimes online sites have old or incorrect addresses. If a client has email access, email the directions.

2. Email, fax, or mail them an appointment letter. After you get their email or fax number, advise them that we will fax directions. If they do not have a fax and there is not enough time to send them an appointment letter, tell them that directions to the Edison office are also on our website, www.njlaws.com. They should fill out the Criminal/Traffic Interview Form [Form 1] and bring it to their appointment.

When sending the email, be sure to send the interview form both as an attachment and in the body of the text. If they do not have an email address, get their fax number. Fax them the Criminal/Traffic Appointment letter and Municipal Court Interview Form. There is no need for a separate fax cover sheet. Write the person's fax number next to his or her name on the appointment letter.

If they do not have a fax number and the appointment is more than three days away, get their address. Mail them the Criminal/Traffic Appointment letter, Municipal Court Interview Form. On the caller form write "faxed appointment letter" or "mailed appointment letter" or "did not send appointment letter." Also, tell them that directions can be found on your website. If you confirm this appointment by fax or writing, you will get fewer "no-shows." There is no need to make a copy of the mailed letter. Just mark the Criminal/Traffic/Intake Form "Questionnaire emailed, faxed, or mailed," and the date.

Careless Drivers: If someone indicates they were in an accident, schedule an appointment, but also recommend they try to obtain the police report and any tickets.

Current Clients Who Come In with Appointment to Discuss Their Pending Cases or Welcomed Visitors

Inform the Managing Attorney that the client or person has arrived, and write the client's name, date, and time of appointment on full-size scrap paper. Give the Managing Attorney something in writing for every prior and potential client so he or she does not forget that someone is waiting.

If the Managing Attorney is on the phone, tell him by writing client's name on full-size scrap paper at top.

Appointment Letter (Municipal Court/Superior Court Traffic/Criminal Cases) [Form 3]

Criminal and Traffic Appointment E-mail [Form 3]

Thank you for scheduling a consultation to discuss your municipal court matter. Please print and complete the attached Criminal and Traffic Interview Form prior to your appointment, which is scheduled for __________.

Everything you tell us is confidential. Under the New Jersey Court Rules, an attorney can negotiate with the municipal court prosecutor to attempt to reduce points, obtain dismissal of some tickets, and avoid some suspension or jail. By reducing points and penalties, you can minimize increases in your car insurance and surcharges.

You should bring:

1. Copies of the actual complaint or tickets. We need the actual complaint/tickets since they have the police officer's badge number, time and specific location of offense, and signature line. A computer printout is not enough for the attorney to provide advice. If you cannot locate your copy of the complaint or tickets, these are available at the court, since all complaints are a matter of public record under Court Rule 1:38. Call the court to request a photocopy of the complaint, not a computer printout.
2. Any hearing

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