Criminal Defense Attorneys

The “Affluenza” Case: A 2016 Update

Criminal defense attorneys represent a range of cases, but recently, one case caught the media’s attention again, the “Affluenza” case. After killing four people in a drunk driving accident at the age of 16 in 2013 in Fort Worth, Texas, Ethan Couch was convicted of four counts of intoxication manslaughter but was not sentenced to any jail time.

Recently, Ethan Couch and his mother, Tonya Couch went missing after Ethan didn’t show up to a check-in with his probation officer. This resulted in U.S. Marshals releasing a wanted poster and announcing a $5,000 reward for details about Ethan Couch’s location.

After being found in Puerto Vallarta, Mexico, Ethan Couch and his mother were arrested. Tonya Couch was extradited back to the United States while Ethan remains in Mexico. Questions still remain as to why Ethan and his mother fled to Mexico in the first place.

Either way, the fault of the case seems to be with the prosecution. While the “Affluenza” defense is not common, Ethan’s lawyers presented a case that worked for their client and proved that due to Ethan’s upbringing, there were never any consequences associated with his actions because in his mind, wealth could fix anything.

The irritating factor is that the government seems to have given Ethan a better deal due to the fact that he had money.

It can be difficult to understand cases like this one. It seems that this case was given more consideration by the court due to the money behind it. Prosecutors work on statistics and there are only so many “get out of jail free cards”.

In this situation, the advancement of the arguments continued, then the case went to sentencing where most likely, several politically important people spoke, a crucial factor in any case. However, when looking at this case from a criminal defense perspective, it’s frustrating.

Corso Law Group works with clients all the time that ask, why not me? the end, the state’s decision will not help anyone.

As of now, Ethan Couch remains in Mexico. What will happen when he returns the United States is still in question. After a Mexican judge granted the “Affluenza” teen a temporary stay in Mexico which in return stopped transfer proceedings, it’s difficult to say if he will face jail time in the United States.

“Making a Murderer” Series Explained from a Criminal Defense Perspective

The newly famous Netflix series “Making a Murderer”, based on the life of Steven Avery, and the murder trials he and his nephew Brendan Dassey endured, questions the legal system, DNA evidence and the legitimacy of the justice system. The documentary took ten years to make, questioning, explaining and presenting each piece of Avery and Dassey’s cases and personal stories from beginning to end.

After spending 18 years in prison for a sexual assault crime he was innocent for, Avery was exonerated by DNA evidence. This is the first of the legal battles discussed in the non- fictional crime series, where not only was there no specific evidence to incarcerate Avery in the first place, but he also had an alibi for the crime he was convicted of. Avery was framed by the Manitowoc County but after his release, Avery questionably stayed in the same town.

Years later, the main case of the series begins, as Avery is charged with the murder of Teresa Halbach, by the same law enforcement that wrongly accused and sentenced him to prison the first time. From this point on, what’s interesting to a criminal defense attorney is how the state worked to collect, maintain and present the evidence they said proved Avery’s guilt.

Christopher Corso, founder of Corso Law Group recently discussed the Avery case on Price of Business, where he gave his criminal defense point of view. In regards to the DNA portion, Corso spoke to the point that although DNA technology continues to improve, criminal defense attorneys are still skeptical.

In the Steven Avery case, the state was allowed to search Avery’s home without him there several different times for any evidence relating to Halbach’s murder. During one of the last searches, police found Steven Avery’s DNA on a car key in his home that they said belonged to Halbach. However, the DNA found in this case doesn’t fully make sense.

Christopher Corso went on the say that defense attorney’s skepticism lies in the fact that when labs pull DNA off of “evidence”, it’s difficult to separate the multiple strands present. This is not a new issue either, as prosecutors tend to be selective. While it depends on the region and the situation you’re in, crucial case outcomes have been determined by a simple strand of DNA. How is it that one DNA test can prove so much?

Prosecutors want to use this evidence because they feel it’s unique and strong towards their case. How can DNA be completely reliable? The level of the sophistication in the technology is good and advancements continue, but the true question is who is actually pushing the buttons? Who are the people facilitating this and is it fair?

Avery seemed to be the target for the murder of Halbach since the beginning. In his Price of Business segment, Corso goes on to say that the longer Avery stayed in that town, the more that circle of law enforcement profiled him. Avery was doomed, and he was going to be the first suspect Manitowoc County looked to for this type of crime.

Since the series began, a petition was started for Avery and his nephew Dassey to be pardoned for the murder. A response to the petition  was released on whitehouse.gov.

The statement says “Since Steven Avery and Brendan Dassey are both state prisoners, the President cannot pardon them.”

Avery has since also written a letter from prison, declaring that “the truth will set him free.” Currently, Avery is serving a life sentence for the murder of Teresa Halbach.

10 Steps to Choosing the Right Defense Attorney

To achieve the best possible outcome for a criminal case, hiring an experienced, aggressive defense attorney is essential.

No matter the offense, criminal law is complicated, and the appropriate lawyer is crucial for a successful case. The attorneys at Corso Law Group know this to be true, and offer this 10-step guide to choosing the right defense attorney.

1. Decide which type of attorney you need. This is important because attorneys work in a variety of fields and offer various levels of experience. If you need help with a DUI charge, for example, you need a skilled DUI lawyer, not a family or civil rights attorney, and especially not a public defender.

No matter the charge, the repercussions of a crime can impact your life and livelihood. Although you have the option to represent yourself or settle for a public defender, neither of those are good choices if you want to protect your rights and your future.

An aggressive criminal defense attorney with specialized experience can make a world of difference for your criminal case.

2. Understand what an attorney does. Once you decide which type of lawyer you need for your case, learn about what that specific type of attorney does, understand the services they provide and the areas of defense in which their practice focuses.  

For instance, some of the responsibilities of a DUI defense attorney include helping you decide how to plea, creating a strategic legal plan, gathering and sorting through evidence to help your case and representing you in court.

3. Know the possible outcomes of your criminal case and how an attorney can help. Criminal law covers a vast range of offenses, including misdemeanors, felonies, DUIs, traffic violations and domestic violence, to name a few. All of these charges involve different laws and can lead to different outcomes in court.

A good defense attorney should be able to go over possible outcome of your specific case with you, and discuss plea bargains, how trial works and what happens if you’re found guilty or not guilty.

At Corso Law Group, our attorneys offer guidance, expert advice and sound representation to our clients during every phase of a criminal case, keeping each person well informed and involved in their case.

4. Do your research. If you’re facing potential criminal charges, you need the best possible representation. Don’t settle for just any attorney, and research viable options for your case.

Look at professional accreditation sites, like the Better Business Bureau to review trusted firms in your area.

5. Read specific client reviews. If the firm has client testimonials on their website, these reviews can offer helpful insight into how the attorney you’re considering has interacted with other clients throughout the legal process.

Here is an example of a helpful review from Corso Law Group:

The Best Lawyer in Town. I used this law firm and had a great experience. Great guys, owner stayed late and met with me when I hired. Took the time to explain. A real motivating group, they work hard at what they do. My attorney sat with me for over an hour. No consultation fee at all. Definitely keeping this phone number on my favorites. Thanks for all the hard work. Case Dismissed.” – Sandra R., Peoria, Arizona

6. Stay local. Specific laws and regulations can vary throughout the state, so finding an attorney who works in the area where your case is pending can make a difference as they have experience with that court’s procedures and personnel.

Christopher Corso has previous experience with the Maricopa County Attorney’s Office and other prosecutorial agencies, giving him invaluable knowledge of all side of a criminal case and first-hand experience with multiple aspects of Arizona’s court systems. With this specific knowledge and experience regarding criminal law, he’s able to vigorously defend clients and the range of criminal cases that come his way.  

7. Look for relevant specialties. A criminal defense attorney may work with a variety of criminal charges and specialize in specific areas.

Attorneys at Corso Law Group handle all types of criminal cases, and specialize in Arizona DUIs, photo radar tickets and more.

8. Prioritize experience. Your attorney should have extensive experience representing others who were charged with the same or similar offense as you.

Potential Corso Law Group clients needing a DUI attorney, for example, can see how many Arizona DUI cases have been handled and their results on the firm’s website.

9. Set up a consultation. Meeting in person will allow you to discuss your situation, get to know the attorney, better understand their services, determine who would be involved in your case and find out about cost.

Attorneys at Corso Law Group know how important the initial consultation is, and use this time to hear each client’s side of the story.

10. Match your values. After the initial consultation, decide if you and the attorney are a good match. Your lawyer should do their best to make you feel comfortable, show a genuine interest in wanting to help with your case and keep you closely involved.

Something that sets Corso Law Group apart from other firms is that our attorneys value each client as a person, not just a case. We make an effort to give each client and their families the respect and professional representation they deserve.

The team of skilled criminal defense attorneys at Corso Law Group are experienced in handling everything from DUI defense to felony cases, and we work tirelessly to defend the rights of our clients. Call today to schedule a free consultation (480) 471-4616.

Defense Attorneys Challenge TrueAllele DNA Interpretation Software

Defense attorneys around the nation are questioning the legitimacy of the DNA interpretation software, TrueAllele, which is used by law enforcement in at least six states to assist in separating and identifying DNA evidence.

Attorneys are interested in how TrueAllele’s software works to ensure that clients aren’t wrongfully linked to crimes based on the system’s interpretation of their DNA.

According to DNA experts, DNA from multiple people can intermix on anything including gun grips, clothing and victims, The Wall Street Journal reports. These mixtures can be complex, making it difficult for labs to sort out, resulting in inconclusive evidence more than half of the time.

Only seven out of every 100 crime labs nationwide were able to correctly separate a complex DNA mixture, according to a study by the Commerce Department.

To protect their clients from incorrect DNA matches, attorneys such as Noah Geary, are challenging TrueAllele’s reliability and methodology. Geary is the lawyer for Michael Robinson, who TrueAllele linked to the fatal shooting of two men in Pennsylvania after a crime lab deemed DNA from the evidence provided was too complex to analyze.

A judge denied Geary’s request to review TrueAllele’s codes, and it is unclear whether the defense will file an appeal. Robinson could be sentenced to death as a result of these charges.

The developer of TrueAllele, Mark Perlin, continues to refuse requests to review the system’s source code, but is offering defense experts guided tests on a limited set of data.

Issues with TrueAllele aren’t the only doubts regarding the reliability of forensic methods recently. Defense attorneys and experts have also faced problems with flawed hair forensics and bite-mark evidence.

 

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