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

Creative Representation

Lawyers in our firm are encouraged to think outside the box in order to provide the best representation for our clients.  And we do, at all stages of representation.

We pick up a lot of our creative ideas during brainstorming sessions, but are not ashamed to utilize ideas we learn from other gifted criminal defense lawyers around the country. For example,  one of our lawyers recently attended a seminar in Houston Texas, put on by the National Association of Criminal Defense Lawyers, in which he learned creative ideas about how to defend cases involving drug sniffing dogs. We are always anxious to learn new techniques to enhance the representation we provide our clients. We have learned that great ideas can come from any number of sources; you just have to keep you eyes -and mind- open.

Because a jury may consist of younger individuals who are used to visual stimuli (i.e. computers, video-games, i-phones), we felt it important to invest in a sophisticated computer and projector system to utilize at trial. Although a lawyer may be able to keep the attention of the jury focused on the important aspects of his case without the need of visual imagery, based upon the world we live in now, it would be foolish for us to not modernize our approach to defending cases for our clients by having modern equipment available.  More and more prosecutors are going to “power point” presentations to help persuade juries. Prosecutor’s have access to government monies to purchase these modern technological items to help them persuade a jury. Even though it can be quite expensive, our firm views these expenses as an investment in our business and in our clients’ cases.  We have found that since we have gone more modern in our approach, that a whole new world has opened up, allowing for very creative opportunities to sell our case to the jury.

Sometimes, creativity does not require modern technology. Ultimately, if a case goes to a jury trial, we will be trying to use creativity to persuade a jury of our client’s peers to find him/her not guilty. However, before the case gets to a jury, we are also constantly trying to think of creative ways to sell our case to a prosecutor. It is the prosecutor, after all, that has to make the decision to go to trial or offer a dismissal or make a terrific plea offer. For example, it is not unusual for us to meet with the prosecutor and actually have them look at photographs, video or other evidence we have received so that they will have to confront weaknesses in their case. Recently, one of our lawyers and his paralegal actually tracked down a vehicle where heroin was allegedly sold. The police had released the vehicle to an auction house to be sold. Before it was sold, our attorney and his paralegal drove over 40 minutes to get to the car to take photographs. While looking in the car, the paralegal found heroin in a hidden spot that the police had not located, and also found other incriminating evidence. This has helped us defend our client by pointing the finger at the owner of the vehicle, rather than our client who was a passenger. 

Our creative representation has also lead to results that have not only helped our clients, but others charged with crimes as well. For example, throughout Indiana, people charged with battery were encountering the same problem: the prosecutor would issue a protective order as a condition of bond between husband and wife, whether the husband and wife wanted it or not. This was causing dramatic problems in the lives of our clients. Husbands would not be able to see their wives to work on repairing their marriage. Routines of dropping and picking children up would be altered because the husband and wife were not allowed to talk or see one another, or there was only 1 vehicle in the family. The husband may have to spend money on an apartment or hotel because he was not allowed to live at home, causing extreme financial difficulty.

Our firm thought the State of Indiana was violating the Indiana bonding statute, as well as constitutional law. We researched the issue and then prepared a detailed memorandum for various courts in various counties in south central Indiana.. We argued that the law was being violated. Because of that memorandum, county judges actually altered the way that they issued these protective orders, or at least started to take more seriously the problems these protective orders were causing. Not only did our clients benefit, but so did the clients of other lawyers who were able to take advantage of the changes that the judges implemented.

There are several other examples of using creativity in our representation to help solve problems for our clients and their cases. Although “Strategic” and “Aggressive” representation are vitally important components of a comprehensive defense, “Creative” representation should not be overlooked. Our firm prides itself on its continual drive to improve the way it defends our clients. Finding new and creative ways to sell our client’s case to a prosecutor, judge or jury may make all the difference in the ultimate outcome of the case.