Choosing the RIGHT Lawyer!

Please Note: Posts in the ‘My Story’ page always have the newest post on the top. If you would like to read the story from the beginning – start with “An Introduction”. Thanks for reading! ~IWFA

The day I got arrested was, to this point, the darkest day of my life! I never thought this accusation would actually go anywhere…I knew I didn’t do anything wrong. It had been what seemed like a long time since I was interrogated by the Prosecutor. Yet – I had just been arrested, been bailed out of jail, and met with a criminal defense attorney. These are all things I never would have predicted. As I mentioned before – I wasn’t even sure if this attorney was actually going to be any help. I seemed like more of a bother to him, than an important case he was going to focus on. But I had never been in this situation. In fact, I don’t think I have ever even known anyone else who has been in this situation – so I thought there was nowhere to turn for advice!

After leaving the lawyer’s office I didn’t know what to do next. I knew the “news” of my arrest was going to get out quickly – so I thought I should make sure I tell those closest to me personally. I drove to work first, and told my co-workers and friends what had happened. I knew they knew my character, and would be behind me in this. Their support was more than I could have even hoped for. Hugs – crying – disbelief. And I felt a little better, if that is even possible, just knowing that this wasn’t a secret and that maybe I would have supporters to help me get through this. After I left work…it hit me. My father… He did not know any of this. When I was first told of the allegations, I was sure the truth would be evident to the investigators and noting would come of it, so I didn’t want to worry my father. But, now that I had been arrested – he had to know. But, how do you tell your father this kind of thing? I couldn’t do it! There is no way you can call your father and say “Dad, I was just arrested – for child molestation”. I couldn’t make that call. That night, when my mom returned home, she made the call for me. This turned out to be the best call – and literally changed the path of my story for the better.

My Dad is an extremely smart, successful and intelligent man. He has many contacts through his work. One of them happens to be friends with a nationally renowned legal expert. When my father told his friend what was happening, he put him in touch with this expert immediately. The information he gave to my father was literally invaluable. Here is a synopsis of his advice:

A local lawyer is not what you needed for this kind of charge. He said this charge is literally a life or death situation, and the best chance is with a nationally known expert in this kind of case.
He said to personally meet with, and interview several of the top attorneys, and choose who you feel most comfortable with. He provided a list of four experts in the immediate area, as well as one national expert on these cases.
In the meeting with the attorneys, he advised the following questions were critically important to consider:

Is the attorney a member f the National Association of Criminal Defense Lawyers (NACDL)?
What is their track record in cases like this?
Who will be the actual attorney leading the case?
Who will prepare the case for trial and argue in court?
How many others will work on the case, who are they, and what is their expertise?
How will you help with non-legal matters like preventing damaging publicity? He said this can be one of the most important points because history proves that people change what they know and believe when they read and hear things in the news, and are even less likely to continue to be supportive if the case becomes controversial. He said that often once strong supporters will change their minds once a story appears in the media, and even once the truth comes out they never return as friends.

Finally – he advised that Mr. Murphy’s plan to seek a bail reduction hearing was completely inappropriate given the nature of the charges. He said that a bail reduction hearing would bring the case publicly into a court room, and in front of the media…and the goal of any attorney right now should be to keep the publicity around the case to a minimum until they can do their own investigation. This advice alone convinced me that Mr. Murphy was the not the lawyer for me.

January 24, 2007

After speaking to this expert, we set up a meeting with the first attorney he recommended locally – Mr. William Buckman (Mr. Buckman’s actual name and information are being used with his permission). On the day of our first meeting with Mr. Buckman the differences between him and Mr. Murphy were evident immediately upon entering his office. In contrast to the chaos and mess that we encounter in Mr. Murphy’s office, Mr. Buckman’s office was incredibly clean, orderly, decorated and welcoming. We were greeted by his staff, and offered a beverage while we waited. In the waiting area there we countless awards on his walls signifying his accomplishments, and respect. Mr. Buckman was ranked as one of the top 100 attorneys in the state, was on the Board of Trustees of the ACLU, was the President of the states Association of Criminal Defense Attorneys, and was on the Board of Directors of the NACDL… Previously he was a Public Defender, and he tried one of the first capital murder cases in our State’s history. One of the most impressive things to me, though, were scrap books of cases he had tried, along with very personal letters from previous clients about how Bill had impacted their lives.

Shortly after arriving Mr. Buckman came out of his office and greeted us. I will never forget his warm smile. Him and I went into his conference room where he asked me to fill him in on the particulars of the case. He reviewed the complaints and accusations. Then he was incredibly honest with me. He told me that this is the worst kind of criminal charge. He told me that sexual abuse charges against children have one of the highest conviction rates. He told me that this is one of the only criminal charges where the police need NO physical evidence to convict, only the word of another. He also said that it is one of the charges where, regardless of the facts, there is a presumption of guilt. While the law says “innocent until proven guilty” – in this case most people assume you are guilty until you prove you are innocent. He reviewed the worst case scenarios with me – a conviction could mean more than 35 years in prison.

After our talk, he brought my family in, and discussed some of what we had talked about, and shared a bit about his plan if we choose him to take the case. He agreed that we should not proceed with the bail reduction hearing. He asked me to develop a list of references his investigators could interview. He asked if I would be comfortable submitting to a polygraph examination with an independent examiner – which I, of course, agreed to. He closed by letting us know that we should talk as a family, and let him know how we felt, and invited me to contact him with any questions.

Upon leaving his office I knew that Mr. Buckman was the attorney for me. I didn’t have to talk to anyone else. I felt completely comfortable with Mr. Buckman from the first moment I met him. And, more importantly, I was confident that he knew, without a doubt, that I was innocent! I felt good. I believed if there was a chance for this to turn out ok, Mr. Buckman was that chance for me. I decided to retain him, and he went to work on my case immediately!

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2 thoughts on “Choosing the RIGHT Lawyer!”

Lefty722 says:

January 21, 2012 at 6:43 PM

I’m hooked on your story/blog. My dad was falsely accused of touching a 12 yr old boy family member. We think he made this up because he was caught throwing rocks & tearing up my dads little storage shed. My dad caught him (along w/ my 10 yr old nephew) & got onto them verbally & then smacked them on the butt w/ his hand. Well the accuser told his grandmother who told my mother. My mother told her if she thinks this really happened to go to the police. Which they did not do. My mentally ill step-sister did (as an act of hate) on my dad. Dad was arrested & bailed out. I found out today that he was indicted. They found this out by reading it in the local newspaper. There are other “events” that this 12 yr old has done & I feel 100% that my dad is innocent. I find this heartbreaking that all this was done just because a boy got mad & is retaliating. My thoughts & prayers are with you during this trying time. Thanks again for sharing your story.

Dean Tong says:

December 18, 2011 at 12:27 AM

There’s an Appendix in my book – Elusive Innocence – titled “How To Choose Your Attorney” which I suggest everyone pour over before they plunk down a retainer fee for counsel.

Dean Tong, MSc.
abuse-excuse.com

I WAS FALSELY ACCUSED!

This is the story of my personal nightmare with a false child sexual assault allegation…