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It always surprises me how many people are outraged that I would defend someone accused by the police of a crime – particularly of drunk driving. Arrest increasingly means guilt, and there is a public perception of criminal defense attorneys as being obstructionist, nefarious and somehow unethical. Certainly, every defense attorney tires of the ubiquitous cocktail party question: “How can you defend them?”

The answer to that question is complex, involving issues of possible innocence, inaccurate evidence, overcharging by the prosecutor, guarding constitutional rights, false or untrustworthy testimony, ensuring a fair trial, protection from unfair laws and harsh/illegal punishment — and just keeping the government honest.

One of the better answers was provided some years ago by United States Supreme Court Justice Byron White in the landmark case of United States vs. Wade, 388 U.S. 218 (1967):

Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime. To this extent, our so-called adversary system is not adversary at all; nor should it be. But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He must be and is interested in preventing the conviction of the innocent, but, absent a voluntary plea of guilty, we also insist that he defend his client whether he is innocent or guilty. The State has the obligation to present the evidence. Defense counsel need present nothing, even if he knows what the truth is. He need not furnish any witnesses to the police, or reveal any confidences of his client, or furnish any other information to help the prosecution’s case. If he can confuse a witness, even a truthful one, or make him appear at a disadvantage, unsure or indecisive, that will be his normal course.

Our interest in not convicting the innocent permits counsel to put the State to its proof, to put the State’s case in the worst possible light, regardless of what he thinks or knows to be the truth. Undoubtedly there are some limits which defense counsel must observe but more often than not, defense counsel will cross-examine a prosecution witness, and impeach him if he can, even if he thinks the witness is telling the truth, just as he will attempt to destroy a witness who he thinks is lying. In this respect, as part of our modified adversary system and as part of the duty imposed on the most honorable defense counsel, we countenance or require conduct which in many instances has little, if any, relation to the search for truth.

Some fine day, you or someone close to you will be arrested and charged with a criminal offense. That person may or may not be innocent, but you will pray that he or she is defended against the overwhelming forces of the government by a competent attorney.

If that doesn’t do it, read To Kill a Mockingbird by Harper Lee.
 

DUI BLOG

As of July 1, Florida has introduced changes to its PIP coverage, so anyone who is involved in a Miami car accident from this month forward can expect some changes. PIP (Personal Injury Protection) coverage, also commonly called “no-fault” coverage, ensures that if someone is injured in a Miami traffic accident or Florida traffic accident they have medical care paid for promptly, regardless of who caused the car collision.

While the system is intended to ensure that everyone has money for needed medical care without a complex claims process, there have been criticisms of the system. Florida has come under fire for having one of the highest instances of insurance fraud in the country, and many claim that this is because the PIP coverage system is easy to abuse. In recent years, many fraudsters have been accused of staging Miami truck accidents and car accidents and even working with clinics to get the maximum 000 payout for even minor or fake injuries. The insurance has also become very expensive.

As a result of the criticisms, Florida legislators have made some changes. Starting July 1, those injured in a serious car accident will only be able to claim the maximum 000 PIP amount if they have an “emergency medical condition.” Less serious injuries will have a maximum coverage of 00. In addition, only dentists, medical doctors, and osteopaths will be able to declare an injury an “emergency medical condition.” Chiropractors will not be permitted to make the decision.

As a result of the new rules, car accident victims in the state will need to seek medical treatment within 14 days of their initial injury and accident. If they fail to do so, they will not qualify for PIP benefits at all. In addition, the new changes will mean that treatments such as massage and acupuncture will not be covered by PIP.

Experts have criticized the new rules, saying that it may be harder for some Miami motorcycle accident and car accident victims to get treatment for their injuries. For example, some victims may not notice symptoms until after the initial 14 days have passed. In addition, soft tissue injuries – which can be painful and expensive to treat – do not qualify as emergency medical conditions. Even some doctors have questioned the new rules, pointing out that the 00 cap for non-emergency conditions is troubling since some tests – including MRIs – can cost more than 00 alone.

It can be challenging to recover after a Miami car accident – and even more so if your insurance does not cover the full cost of your injuries. The new rules are confusing for many accident victims and may not allow for enough compensation to pay for medical care. It is more important than ever before to be aware of all your options before you make any decisions in your case. If you are seriously injured in a Miami traffic accident, contact a Miami personal injury attorney to at least review your options and your possible costs.

Florida Car Accident Lawyer Blog