LEHI DUI ATTORNEY TO DEFEND YOUR CONSTITUTIONAL RIGHTS
The US Supreme Court
Reading this baffling exchange between the Supreme Court and the state of North Dakota got me thinking about the delicate balance of power between government and The People. On this subject, my decision to practice criminal defense law has a definite purpose. I often feel, however, that the folks outside of the legal profession are not really sure why criminal defense attorneys do what they do.
A CRIMINAL DEFENSE ATTORNEY IS A PROTECTOR OF CONSTITUTIONAL FREEDOMS
When people ask me how I can be a criminal defense lawyer, I don’t feed them the usual lines that “everybody deserves their day in court” or “in this country, all defendants are presumed innocent until proven guilty.” While those are true principles of the American criminal justice system, they aren’t why I’m passionate about practicing criminal defense (along with family law and personal injury law). My response is that I’m one of many front line defenders of the individual liberties guaranteed in the U.S. Constitution and the Utah State Constitution.
BALANCING THE POWER OF THE GOVERNMENT VS. THE POPULACE
Unlike a few hardcore criminal defense lawyers, I don’t have disdain for prosecutors and police (except for the arrogant jerks, I suppose, which exist in every profession, including mine). My father was a police officer. I was an Administrative Law Judge for several years. Some citizens are so dangerous to the community that they should be behind bars. I’d like to think my varied work experience on both sides of this debate has given me some balanced perspective. Police and prosecutors are necessary to prevent anarchy. But, there has to be a check and balance on state police power overreach, or ordinary American citizens could one day wake up to a very different looking America. There is a trade-off we have to make to retain the unique freedoms we enjoy in this country. It may mean dismissing charges or acquitting some defendants if the police conducted an unlawful stop, search or arrest. This U.S. Supreme Court case is illustrative of that power struggle played out every day in court.
