Baldwin Kyle & Kamish, PC (317) 736-0053 Franklin

Aggressive Representation

Aggressive Representation

Good criminal defense lawyers know that in order to secure the best result for your client, the criminal defense lawyer should have the mind-set that plea agreements should be a last resort, not a first instinct.  Aggressive representations, in part, means that you should be ready, willing and able to go to trial until the prosecutor offers a proper resolution. A proper resolution could be a dismissal, a plea agreement or some other creative outcome.

A criminal defense lawyer unwilling or fearful of going to trial or who is known for pleading out all of his/her cases (in our opinion) is ultimately far less effective - and perhaps ineffective -  in obtaining the best result for his/her client. The reason is simple: a jury trial is the ultimate trump card that a criminal defense lawyer can play. If the criminal defense lawyer has a history of never playing that card, then the prosecutor has nothing to fear and the prosecutor can offer what plea agreement he sees fit. This is because the prosecutor knows that there will be no trial, and therefore, he (the prosecutor) will not have to fear losing at trial.

Certainly, there are cases where the prosecutor would, and should,  be confident of winning at trial. However, even in those cases, the prosecutor will usually spend an extraordinary amount of time, effort and money preparing for and actually conducting the trial. Again, if the criminal defense lawyer or firm has a history of never, or rarely, going to trial then a prosecutor will not have to worry about how much effort he will have to spend preparing for trial, because he knows that there will be no trial. When a criminal defense lawyer has a reputation for not going to trial or an unwillingness to go to trial, the prosecutor can dictate the terms of the plea agreement. In our opinion and experience, a criminal defense lawyer who has a reputation and history of actually going to trial, will give his client a much better chance of getting the best result.

The lawyers in our firm our proud to call themselves “trial lawyers”. Between us we estimate that our lawyers have gone to trial well over 300 times on a wide range of cases. We have represented and gone to trial fighting for people charged with felony offenses (such as murder, homicide, DUI causing death, rape, child molesting, armed robbery, forgery, aggravated battery, theft, burglary, dealing and possession of various drugs  including marijuana, meth, cocaine, schedule 1 and 2 narcotics etc., battery on a police officer, stalking, intimidation and other felonies. We also have represented and regularly go to trial fighting for people charged with misdemeanor offenses (such as DUI, battery, conversion, possession of marijuana, reckless driving, harassment, underage drinking, trespassing and more).

The lawyers in our firm are passionate about defending their clients, no matter what type of case.  Our lawyers can get just as fired up defending someone charged with DUI as we can defending someone with murder.

This firm believes that the best defense is a good offense and aggressive representation is necessary to effectuate that philosophy. Statistically, most of our cases will not end up at trial. However, our attitude is that every single case we have may go to trial. It is this attitude, in our opinion, that is necessary to get the optimum result. Yes, trial is scary for the client, and most clients are fearful of going to trial. However, our opinion is that it is vitally important in most cases to be willing and able to go to trial if the prosecutor is not willing to do what we perceive is necessary to give our client justice. Yes,  sometimes this aggressive style will result in a trial. Therefore, we need to be ready, willing and able to go to trial. We are ready, willing and able. We have over 300 trials between us to prove it