KC: Hi, my name is keith carsten. im one of the attorneys here at carsten and ladan. my firm consists of 3 attorneys, myself, amir ladan, and monica victorica. I practice primarily in orange county florida. my partner amir ladan practices in seminole county florida and monica victorica practices primarily in osceola county florida.
orange and osceola being the 9th circuit and seminole county the 18th circuit.
We’re all former prosecutors, all of us have multiple years of prosecutorial experience as well. We’ve all been defense attorneys for multiple years, dealing with hundreds of cases.
We specialize only in criminal cases, and we think our experience speaks for itself.
Both myself and monica victorica are board certified criminal trial specialists, and we’re recognized by the florida bar.
RJ: Keith, you mentiond that you and Monica are board certified attorneys. I’m not sure what that is -- can you explain that to the lay person -- what it is and why it’s an advantage?
Board certification is a recognition by the Florida bar that the attorneys have a certain number of years of experience, a certain level of trial proficiency, and have passed a pretty stringent testing process.
It means those attorneys are recognized to be the top 10% of their field.
I specialize in criminal trial practice, and that’s what my board certification is, and when somebody looks for an attorney, a board certified attorney, it’s a good choice because there’s about 25 in the orlando area, and my firm has 2 of them.
RJ: So if I ever had the question -- if I was in trouble, and I said to myself or a friend, “I want to get someone good -- what do I do?” this would be a good starting point, to look for people that are board certified, am I right?
KC: Some things to look for when you’re looking for a criminal trial attorney: Number one is, are they a former prosecutor? The advantage is, prosecutors have to put the case together, and if you know how to put a case together, it’s easy to identify problems.
Also board certification. Board certification is a recognition that they’re in the top 10% of what they do, they have the requisite experience, they’re proficient with trial skills, they’ve passed the testing procedures.
So those are two good things to look for when looking for a criminal trial attorney.
RJ: So what types of criminal cases do you handle at your firm?
KC: Our firm handles all types of criminal cases in both state and federal court. Some of those include DUI, traffic offenses, any drug offenses, trafficking in drugs, firearm offenses, crimes of violence, domestic violence, theft cases, and pretty much anything you can think of when you think of criminal acts.
RJ: So you have three locations for your office Orlando, Longwood and Kissimmee So what courts are you guys authorized to practice in?
KC: Primarily we practice in Seminole, Orange, and Osceola counties but we are licensed to practice in any county of the state, we are also licensed to practice in middle district courts and federal courts.
RJ: Between yourself Amir and Monica how many years of experience do each of you guys have?
KC: Each of us have over a decade of experience in criminal law. Personally I have got 13 years of experience. Carsten and Ladan just celebrated its 10th year anniversary. Monica has 12 years of experience and Amir has 13 years of experience.
RJ: When a potential client contacts your firm what can they expect?
KC: I know one thing that they can expect is to have a human being answer the phone. We have got a couple of support staff , so they are going to initially interface with either Amanda or Julia and we are going to ask them what their problem is. And from there they are going to be contacted by an attorney or the call will be transferred to an attorney right then. After hours if they call after 5 they can expect to speak to an attorney as we transfer all those calls to our cell phones.
After we speak with them we are going to try to get a general idea as to what the case is about, and going to give them a pretty good idea of what we think we can do for them. We may or may not be able to talk about what your retainer amount would be, but sometimes we just need confirmation to make that decision.
But after they get off the phone with us they are going to have a pretty good idea what we can do and what kind of resources it’s going to take and after that we ask them set an appointment with us that is completely free -- we do not charge for initial consultations, because we want all the potential clients to feel comfortable.
We will donate easily between half an hour to an hour with any potential client. We listen to them, listen to their concerns, any documentation that they may have and at that point we establish a game plan. Then they can make an educated decision on whether we are good fit for or not.
RJ: So even if I call you guys on the phone for the first time, you are willing to take some time to talk over the points of my case even before I come in to see you?
KC: Absolutely, I like to talk to every potential client personally. I like to have a good idea of what their issue is to verify that I think it’s going to help them. It’s difficult to do that without having a conversation with potential clients. I know some other firms where you never get past the receptionist. With Carsten and Ladan I can assure you that won’t happen -- you will get to talk to an attorney. (Keith, Amir or Monica)
RJ: I think that would make me feel good, not only that I come away with at least part of the game plan but also I could start to establish a level of comfort with you guys. I’ve talked to you on the phone hear how you sound so I appreciate that, it sounds like that will be a good thing to do.
KC: When people get arrested it’s a confusing time, It’s an emotional time, so we are in a good position to put their minds at ease by giving them some information as to what is around the next corner so that they can be educated and make some educated decisions.
RJ: What have you learned about people’s behavior and their reaction to being arrested and prosecuted for various crimes, whether its assault or DUI, and what insights have you gained into the human side of this whole process?
KC: It’s interesting, people initially react with fear or disbelief. A lot of people understand what they’re being accused of, but are not really sure how they got themselves to this point and they are especially fearful of going this far.
I think the advantage to hiring an attorney is you get somebody that has been on both sides of this equation and they know what’s around the next corner. The biggest fear that people have is not knowing what’s next. People who come into my office they are either the type A, meaning they want to go right now and do x,y and z and I have to say “Hey listen, this is a marathon not a sprint and we are going to get to the bottom of what happened and the question is not whether this was done or not but whether the state is going to prove their case.”
Then we have people like “please I am terrified to go to the court, I don’t want to go to the court” and then I have to calm their nerves by saying ‘listen you’re going in there with me, I know the ropes, I know the path, I know the rules and you’re going to be in good hands.”
So, I am going to advise you as to what I think as a good course of action is, but ultimately the client makes the decision. My job is to give them enough information to have them make educated decisions. So I would say that generally the people are a little confused and fearful of the process and I think I’m pretty effective at calming their nerves and outlining how the system is going to work.
RJ: In knowing the ropes you probably also know the people involved like the judges, the prosecutors, so it’s not just that you know the process but you know the people that myself as a defendant would be dealing with.
KC: This is all I have done for the past 13 years; I don’t do divorce cases, I don’t do personal injury cases on the side, I am in criminal law having been both a prosecutor and a defense attorney. I am in the criminal court rooms every day.
I do know the players and that is going to benefit my clients because this is personality driven business and the prosecutors feel it’s their ultimate decision how to go forward with the case. If you happen to know that prosecutor and know their likes and dislikes and know what sets them off and you know what makes them happy you can take advantage of those character traits by steering your client in appropriate directions, to get good results.
Same goes with the judges; I wouldn’t never say that my relationship as a former prosecutor with the current prosecutors or the judges is going to get somebody a get out of jail free card. But just like any another business people like dealing with people they know and people like dealing with people that they trust. The reputations of all the lawyers here at Carsten and Ladan, from being prosecutors to now defense attorneys we are given some amount of deference when it comes to the arguments that we are at least going to have a receptive person on the other end that is going to listen to what we have to say on behalf of our clients.
RJ: Is there a particular story that you hear from a lot of your clients when they come in? Is there any one story that you keep hearing?
KC: A common thread is, people come into my office and slap their police report down and they’ll say “I can’t believe we were at the same place! This officer has written us and these things are blown out of proportion, they have taken out context”, and my in standard response is “of course they are”.
The police are there to vigorously prosecute if they think it’s the violation of the law. They are not going to do the clients any favors, they are not going to put the facts in the light most favorable to the person being accused. They are going to try to spin the facts to be as damaging as possible and people seem to be surprised by that, but it’s common practice by the police.
That’s why it is so important to get an attorney, to be your voice in court because your attorney now becomes your advocate, relaying those facts in the light most favorable to you.
Without having a skilled attorney to do that the deck is almost always going to be stacked against you from what the officer has written in that police report and people are surprised that the officers will write a report that is that (I don’t want to say slanted) vigorous in advocating their position. That’s the precise reason why you get an attorney that knows that’s what they do.
RJ: As a point of general advice, is there any way to make sure that you don’t piss (for lack of a better word) the police off so that they’re less likely to put things in the worst possible light, or is there no hope in that approach?
KC: The best advice that I can give to anybody is “Don’t voluntarily give statements to the police”. Be courteous, give them your name and your identification, beyond that you have no legal requirement to give the police any more information than what they have already surmised on their own.
Client after client that sits in my office, has made their position worse by trying to be honest with the officer trying to get their side of the story. The officers are very adept at saying “Don’t you want to tell me your side of the story?” It’s human nature to say, “Yes I want to tell you my side of the story”.
My advice is to anyone who would listen is that on the road side with an officer is not the time to tell your side of the story, because what you say will almost invariably be used spun against you and they will cherry pick the things that you say and only record statements that will put you in the worst position. So my advice is anytime you encounter the police, be courteous, give them your identification, and after that don’t voluntarily give any statements because what you say is generally not going to help.
RJ: So besides not even helping you, I guess it would be even worse to think you can bargain your way out of the situation or somehow make them see the light.
KC: Unfortunately the reality of this is, state of Florida makes money on this. There are court costs, there is cost of investigation that people have to pay, there’s costs of the prosecution that people have to pay. So the state of Florida will get some money, the police will get some money, and even the prosecutor will get some money each time someone is convicted of a crime.
In the old days when there was a fight between two people the police would say alright you go one way and you go the other way, you guys cool off. That unfortunately doesn’t happen anymore. It’s financially advantageous for the police to arrest people and they do on a regular basis. And in this day and age, with budget short falls that we have, there is virtually no talking your way out of an arrest.
RJ: In the cases that you see is there any typical defendant, are there more first time offenders, men or women, or older people?
KC: It’s almost case specific. As far as the DUI’s go, I would say the majority are first time offenders. DUI is a equal opportunity crime. I have represented everybody from high school kids up to the 85 year old guy driving home from the Moose lodge to everybody in between. That’s usually a first time offense, and usually people after they go through that experience are less likely to commit that offense again.
The more violent crimes, the drug related crimes, we tend to see more repeat offenders. The drug epidemic is insipid and it’s very, very difficult to extricate yourself from that situation. Many of the cases that I deal with such as theft cases are drug related and those tend to be crimes that are committed by people that can’t seem to get themselves out of the drug cycle.
So I would say it varies from case to case. We are very adept in helping the first time offender just as we are with the multiple offender and we’ve been pretty effective with both genres of crime.
RJ: Are there any particular types of crimes that you see more often? Do you see more DUI’s or more drug ones?
KC: I see a lot of DUI’s and that’s for a variety of reasons. First reason is like I said, it’s an equal opportunity crime, it’s basically anywhere from the high school kids all the way to the old guys. It is something that is almost universal with the exception of people who do not drink alcohol at all or people that are extremely cautious with their driving.
RJ: I’m sure a lot of people that are thinking about coming to see you say “hmm, maybe I’ll just get a public defender”. What would you say to that -- is it a good idea to get a public defender or is it better to hire a private attorney and why?
KC: I live in this community too and I understand the realities of the economic situation. The public defender option vs. the private attorney option is really one that boils down to defendants cost benefit analysis.
Public defenders are going to be much less expensive than a private attorney and public defenders are all real attorneys, they all pass the bar. The disadvantage to having a public defender #1 is that you won’t be able to pick who your attorney is. You could get a fantastic attorney or you could get a lousy attorney. Once they are assigned to you, you don’t have much control over the situation./p>
The second disadvantage to having a public defender is they’ve got a ton of cases… tons. There are public defenders with hundreds of cases and if you get one hundredth of somebody’s work week you’re not getting a lot of service and on many peoples’ cases it is the most important thing that has ever happened in their adult or juvenile life. To get such little service out of public defender’s office put them at a huge disadvantage.
The advantage of private attorneys are that we have a lower case load and that the client is the boss. We work for the client. We are here to advise the client as to the courses of action, as to keeping them abreast of what’s around the next corner and what does next court date mean and we’re accessible.
I don’t work for my clients, I will advise them as to what I think in my experience is and what is the best course of action, and ultimately the decision is going to be theirs. We are more expensive than public defenders, but I liken it to getting a doctor. If you were going to get your appendix out, you certainly wouldn’t go down to the medical student down the street to his basement and ask him to perform the surgery for $50. You also wouldn’t check yourself into the Mayo clinic and get the world renowned expert to perform the appendectomy.
You want to find somebody who is competent, who is responsive, somebody who you can feel comfortable with. Same goes with private attorneys.
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RJ: This may be a hard question to answer, but are there any important differences for people facing prosecution if they live in Osceola county vs. Orange county or they live in Kissimmee vs. Orlando for instance?
KC: What’s important is that the attorney has understanding of what the differences are. The differences are: Orlando is the financial hub of central Florida, Kissimmee is more rural, Longwood is kind of an upscale commuter area and understanding those differences may be important to the client.
In Kissimmee, it was important for my firm to have a physical location in Kissimme, with a attorney that specializes in Osceola county. Any one of our attorneys is able to practice in Osceola county, but we found it was an advantage to our clients to have one attorney down there who operates day in and day out in those court rooms so that the prosecutors and the judges will become familiar and comfortable with that attorney.
Osceola County is a smallish town, and they like to deal with people they know. Orlando is a little bit more metropolitan and I’ll be the attorney that operates out of Orlando and some people like to come in and they want to know: “Do I know the judges? Do I know the prosecutors and the answer is “Yes”, because I am a former prosecutor out of Orlando as well as having practiced here for the past 13 years, so it’s an advantage to have one attorney per county.
Amir ran for judge in Seminole county last year, unfortunately he was unsuccessful in his attempt, but he got to interface with community clubs, judges, prosecutors, everyone and anyone in Seminole County and he operates out of that county. So chances are he’s going to have a good rapport with the folks out of Seminole county. There are differences, there are community differences, we understand these differences and we choose to have county specific attorneys for each of these counties.
RJ: Ok, that’s good. So when I come in I can not only speak to different attorneys in your firm but if my crime is in a particular county then you actually have a specialist! People over there spending their whole time in the area, and that’s very good to know.
KC: That’s correct. Any attorney is able, once they have passed the bar, to practice in any county in the state of Florida that they wish to. But the problem arises, you know, when judges will set things on the same day, separate counties, and you are doing one client a disservice while you appear in front the other judge.
It’s very difficult to be in two places at one time, so, we believe in that concern, as we have got a county specific attorney. They are going to advise you, as to your particular judge, your particular prosecutor and give you some good information so you’re able to make a good decision.
Read Spanish Translation of Monica’s Interview Transcript
RJ: We’re here today with Monica Victorica, a criminal attorney with Carsten & Ladan in the Kissimmee area of central Florida, and Monica is a board certified criminal attorney and she’s been practicing for approximately 13 years. Monica tells us that because the Kissimmee area has such a high number of Spanish speaking people, that she’s uniquely able to help those kind of people because she speaks Spanish. In fact, this interview will be republished in Spanish for people that speak Spanish to help them understand. Welcome Monica, and thank you for taking the time to do the interview today.
Victorica: Thank you. Thank you for interviewing me.
RJ: If you’re ready, we’ll get started. First question is what prompted you to work as a criminal defense attorney, and what motivates you to do your work?
Victorica: My background is I started out being a prosecutor. I was a prosecutor for the first approximately 8 years of my career. So I very much learned all about the ins and outs of the criminal prosecuting world through that angle, and so I was interested in trying the opposite side as a defense attorney. I tell people a lot of the times it’s very much like playing chess.
As a defense attorney, I have an advantage of being a former prosecutor, and knowing what the other side is going to do. I find it rewarding to do criminal defense because oftentimes people really just need help in the system, and just to make sure that the state is there doing their job appropriately. And if they’re not, to push the case as far as needed to go.
RJ: Your credentials say you’re a board certified attorney. What does that mean to people that need criminal defense? Why is that important?
Victorica: A board certified attorney is basically a specialist specializing in our field. I took an exam back in 2009 to become board certified in criminal law. The advantage of somebody hiring somebody that is board certified is that we’re considered experts in our field, obviously. So, it’s a little bit of a long involved process. You know I passed the regular bar exam which all attorneys that are practicing had to pass. This is like a second level that is providing expertise in the field of criminal law.
We had to take specific exams and then also be reviewed by our peers to see if we were fit to be called an expert in this area. So, the advantages of somebody hiring somebody like me would be that I can, with my background because criminal trial law is all of what me and my law firm do, with all that kind of background we can then evaluate a case appropriately. Make sure that the state is doing their job, and if they’re not doing their job, to fight the appropriate battles that need to be fought. And in the end have an advantage for our clients.
RJ: So I see you were a prosecutor but you know the other side. But now you’re a defense attorney, and you took the extra step of getting board certified. So, you really know your way around the criminal defense side of things from all angles. That’s what that’s telling me, that’s what I’m hearing.
Victorica: Yes. And that’s what we pride ourselves at our law firm. And that’s what I pride myself in giving help to my clients.
RJ: That shows a real commitment to doing what you do well. That would make me feel very comfortable if I was to speak to you, so that’s great. Moving on, it seems like there’s a large Hispanic population in Central Florida – and in Kissimmee in particular. So, do you tend to represent many Hispanic people?
Victorica: I do. Probably about half of my practice is Spanish-speaking people. Our particular law firm at Carsden & Ladan we do Seminole County, Orange County and Osceola County – the three main counties that we work with. I’m the Spanish-speaking attorney for our law firm so those are the three areas or the three areas of town that I specifically go to. My main office is in Kissimmee, and there is a pretty large Hispanic population in Kissimmee so I feel that’s an advantage for me helping those people.
There’s not a whole lot of Spanish-speaking attorneys that I’ve noticed in criminal law. Certainly, there are some, but oftentimes it’s to the advantage of somebody that’s speaking Spanish to have somebody that obviously can speak with them. And understand what they’re saying and understand their point of view as opposed to an English speaking attorney or maybe an attorney using a staff member that speaks Spanish. You know a lot of things are lost in translation.
RJ: Yeah, that’s true. I mean we have the defendants that speak Spanish and may not even speak English well and then they’re dealing with an English-based criminal justice system. And to have you in court would be far better than having you, an assistant, or you and a translator that comes in because like you said, you can hear all the intricacies and all the different things that are going on both in Spanish and in English. So, I understand.
Victorica: Yes, that’s exactly true. And there’s even some people that when I interview them, they might not have been able to read the police report. Them and their family members can’t read in English, you know, and obviously the police reports are written in English. And sometimes people are surprised as to what’s actually in the police report. And you know, they have different versions of what happened on that particular day or night.
RJ: Ok. This is really interesting. I’m going to ask you a few questions about Spanish-speaking people. I know there’s a lot of other stuff that you do, but for now, if you don’t mind let me ask you a few more questions about this to get some more info.
Victorica: Sure.
RJ: Have you noticed anything different about representing Spanish-speaking people that’s different from representing, let’s say, other ethnicities or just regular English speaking folk?
Victorica: I do find that people appreciate the fact that I do speak Spanish and talk to them in their own language. That’s definitely an advantage, so I find that they’re comfortable in that kind of realm of talking to me about things like that. So that’s one of the things, I think there’s that immediate connection as opposed to maybe other ethnicities. They feel they can trust me and can tell me their side of the story and that’s something I’m going to listen to. That’s definitely an advantage for having that kind of connection with them.
RJ: Ok. And I know you’re not an immigration attorney, but do immigration issues come into play often when you’re dealing with Spanish-speaking people that are in various stages of their immigration status?
Victorica: It does come into play. When somebody accepts a plea or is found guilty by a judge, the judge will inform them that any kind of criminal case could potentially affect their status here in this country. And could subject them to deportation. Certainly, there’s certain kinds of cases that I look at very carefully even though I’m not an immigration attorney. I’m very careful with felonies or drugs cases or crimes of violence. Those, in my experience, tend to be the kinds of cases that may affect regarding immigration. So it’s something that I’m cognizant of and I advise my clients that there could potentially be consequences and of course, in those scenarios always try to shoot for either the case being dismissed or maybe some sort of other sanction that might not affect them so strongly regarding immigration.
RJ: Ok. And a hot issue mainly seems to be DUI. Have you seen DUI affect people’s immigration status if they’re convicted?
Victorica: You know, I’ve represented lots of people on DUI type cases. Since I’m not an immigration attorney, I don’t have the frontline exposure to that, but from what I’ve seen from the clients that I’ve represented, it doesn’t seem to be one of those triggers regarding immigration. But certainly a judge will inform anybody for any kind of plea that it possibly could affect regarding immigration.
RJ: Ok. Do you feel Spanish-speaking people that aren’t 100 percent English-speaking are at a disadvantage in the criminal justice system?
Victorica: I do, to a certain extent. I mean certainly, especially if you’re dealing with an English-speaking police officer and there’s nobody brought out to the scene that may be able to translate or if that particular officer doesn’t speak Spanish himself. To give an example of DUI cases, people that speak Spanish understand some English may not be able to express themselves in the same sort of way that they would in their own native tongue. So, and also understanding, it’s difficult to see if a person 100 percent understands what the officer is directing them to do or asking them. And sometimes there is a language barrier that gets in the way of that. And also, something to be aware of when I’m looking at my cases, is looking to see if there’s any kind of racial discrimination or something like that regarding stopping of the car or anything like that.
RJ: This may be a sensitive question. I don’t know if you can answer, but are the crimes that Spanish speakers are accused of are they any different from English-speaking people?
Victorica: I don’t think so. I’ve seen the whole gamut from all kinds of reasons from anything from traffic related type crimes to domestic violence or drug related. I don’t really see a particular ethnicity that’s charged with one particular crime as opposed to others. It kind of runs the gamut.
RJ: And the last question in specific about Hispanic people. You know, what’s your best advice for them, you know, people that are not fluent in English or might not speak English at all? Or can’t read it or write it. What should they do if they’re under a criminal investigation or if they’re pulled over?
Victorica: Well for anybody you need to have the services of an attorney whether you speak Spanish or English or whatever language you speak. It’s important not to talk to the police at the time you’re being investigated because anything you say could be used against you of course. The other part of it is if someone is trying to communicate in a broken English or cannot fully express themselves then again things might be lost in translation.
So, number one it’s best not to say anything to the police that might possibly incriminate you. And second of all, whether you’re a Spanish speaker or an English speaker or whatever language you speak, it’s important to have an attorney by your side going through the process so that they can fully advise you of what your rights are. And to also fully advise you of what the potential consequences to something may be. That’s whether you’re a Spanish speaker or an English speaker to have an attorney by your side to make sure your rights are protected.
Read Spanish Translation of Monica’s Interview Transcript
Jacob: Ok. And getting off the subject of Spanish speaking people, what kinds of crimes have you dealt with in your practice over the years, and are there any that are becoming more prevalent or are prevalent.
Victorica: One of the, a lot of the cases that I see is in regards to people that are immigrants or maybe in some sort of status regarding their drivers license. The rules changed quite a few years ago, especially after September 11th. There are people here that may have been on some sort of Visa or maybe here illegally or whatever the case may be. But they may have had a driver’s license at some point, and then the rules changed and some people are not allowed to have a driver’s licenses.
Oftentimes a lot of it becomes the cases that I get is people driving without a valid driver’s license or driving with a license expired or something like that. And those are people that I tend to see that are going through the immigration process, and it’s slow to get to where they need to be. That’s something where the system has unfortunately not allowed the people that may have had a driver’s license initially not allowing them to renew, and that does affect people quite a bit. Especially in Central Florida where the public transit system is not as it would be in Washington or New York. People really do need cars around here. And there is of course busses and stuff like that, but it’s not quite as prevalent or user friendly as some of the other big metropolitan cities.
Jacob: So, that’s throwing a big wrench into the works for people that either used to drive and need to get to work, people that are in different stages of immigration. Ok. I hear what you’re saying. Is there a particular story that you hear from your clients that come in to see you? Are there any generalities that you tend to hear a lot?
Victorica: Usually, one of the things with criminal law is people just want you to make it better. It’s one of those things that in general, the vast majority of clients that I’ve had are people that have either made some sort of mistake or may be completely innocent of the charges or may be a repeat offender. I mean I really get the kind of wide gamut of situations. But in general, almost all of my clients except for maybe a small handful are people that are wanting to cooperate and wanting to make the situation better.
Like I started out saying, being a former prosecutor, I know what it takes for the state to prove a particular case, which is an advantage because I can look and see do they have those things or are they missing them. So, somebody may be telling me privately that they may be guilty of the particular case, but if the state doesn’t have what’s necessary to prove then that’s the kind of case that I would still continue to push toward trial to hopefully either get it dropped or get an acquittal at trial or something like that.
But generally, it’s people that want somebody to have a fair evaluation of their case. Push the state to make sure they have the things that are necessary. And if it does look like the state has things that are necessary or it’s a situation of just trying to get the best possible fair deal then that’s certainly what we’re pushing for and what I particularly push for. I pride myself on looking at cases in a very straightforward, honest ethical way. And then trying to resolve it in the best way possible, whatever the circumstances may be.
RJ: How does a person’s emotions, how do you notice that they’ve changed from the first time they sit with you to as you go through the case and do you have to deal with helping people manage their emotions and managing what’s going on with them mentally as you help them on a case?
Victorica: Sure, there’s some of that. I mean obviously there’s a human element to all of this and I think that’s something that I’m good at – giving people a very fair view as to what their case may look like. And that’s why somebody always want to hire an attorney. Like for me, but not that this would happen, but attorneys don’t even really want to represent themselves if they ever got into trouble because you want to have somebody that is a third party that can give you an unbiased view of the case.
So, certainly I do listen to people and I do try to calm their nerves and give them information, which is something that’s a scary process at the beginning. Oftentimes if it’s somebody’s first time being arrested, they don’t know what to expect, they don’t know what courts going to be like, they don’t know what the judge is going to say, you know they don’t know a lot of things. So, what I try to do is to try and take them through the process and explain to them how things are going. Oftentimes that’s a big comfort to people. It’s just knowing what to expect, what’s a kind of realistic worst case scenario, what’s a realistically a best case scenario. And usually when I get to that point and explain things to people, oftentimes nerves are kind of calmed down and it’s an easier way to get through this whole process with them.
RJ: And when people come to you, obviously they’re thinking they’ll have an option of going with a public defender or trying to defend themselves. What would you say are the pros and cons, I mean you’ve spoken about the pros of hiring a private lawyer, but can you say any more about using a public defender or defending yourself? What’s your opinion on that?
Victorica: Well, kind of tagging on to what I was just talking about, in terms of representing yourself, it’s always a bad idea to represent yourself. Number one, assuming you’re not a lawyer, you don’t know the ins and outs of how a courtroom is run, how the evidence will go. You’re against a prosecutor who has gone to law school, who has passed the bar exam, and who has anywhere from zero years under their belt to 30 years under their belt. So it’s never a good idea to represent yourself in a criminal case.
In terms of a public defender, there are some public defenders that are good, but all public defenders are drastically overworked and underpaid. So it’s a situation, as a private attorney, I have the time to be able to sit down with my clients and go over the cases with them. Listen to what they have to say, I’m very free with giving people my phone number so that they can call me at whatever hour they need to – even afterhours and discussing cases with them. Public defenders, in general, are so overworked and in court so much that they don’t really have the time to (unrecognizable word) themselves to the cases.
And oftentimes people just want to be heard in general, and make sure that somebody understands what their position is and to explain the process to them. And oftentimes, unfortunately, the public defenders don’t have the resources or the time to be able to accomplish that. That is also an advantage for hiring a private attorney – especially me - is that you’re going to have access to me pretty much at any point. We can set up conferences inside the office, you can call me on the phone – it’s something that I’m very accessible to people where a public defender might not be so accessible. The other thing to is that different from civil law firms will do what’s called billable hours, in which any time you pick up the phone to call that attorney they’re charging you.
On criminal defense cases, we basically do it by retainer. You know whatever the amount is what it is, and you have access to the criminal attorney to ask whatever questions make sure you feel comfortable with the process without having to be worried about being nickeled and dimed every time you pick up the phone.
RJ: That’s good to know. I’m sure a person would be afraid to call an attorney if they feel like they’re bothering them or feel like they’re spending more money. So that’s very good to know that once they pay, not to harass you, but they can call you with questions and things they need as they come up along the trial.
Victorica: Of course. And me specifically, I look at myself as kind of an advisor helping them make the decision – ultimately things like whether to go to trial or whether to take a plea or something like that. Those are decisions that the client purely needs to make themselves, but of course an attorney can advise them on what they think is their best option. Whether it’s to push a trial or whether it’s to try to take a plea or negotiate the case – those are the kinds of things we can help with.
RJ: We’re at probably an impossible question, but I have to ask anyway. What level of success have you had in helping people getting charges reduced, possibly fines or jail time you know the whole process of mitigating it – what kind of success have you had amongst all your cases?
Victorica: I think it’s a difficult thing to quantify that, but I pride myself that I get very, very good results on my cases. And again it kind of boils down to experience, and it’s one of those things that I’ve been doing this for a long time. I’ve worked both sides of the fence. I know what’s an appropriate offer and what is not. I know what an appropriate charge is and what is not. When a case is trumped up and maybe somebody is charged with things that are much higher than they need to be, that’s the advantage of hiring someone like me who has all of those elements. Former prosecutor – this is what I’ve been solely doing for 13 years.
We don’t do family law, we don’t do other kinds of cases – we do criminal defense and I’m board certified in this area. So, I pride myself on being an expert in it. And I honestly, in looking back on all the cases that I’ve had as a defense attorney, I really can’t think of any particular case at all that I felt like I was railroaded or got a bad result on or somebody got more than what I thought they would be. I’ve had a very high success rate with really all of my cases. I can’t give you a particular number as to how many were dropped or reduced or anything like that. At the same time, we’ve got to deal with what we have. You’ve got to deal with the evidence, you’ve got to deal with the witnesses – cases are dropped for a variety of different reasons. But certainly, I look at my cases very closely and I feel like I come up with very appropriate results.
RJ: So both as a prosecutor and as a defense attorney, in ballpark, how many cases have you worked on in some capacity or seen?
Victorica: Gosh, tens of thousands. I mean I really can’t even give a particular number. Certainly as a prosecutor, you’re juggling hundreds of cases at a time. Defense attorney, you have fewer obviously, and have more time to be able to devote to those kinds of cases. But, it has to be in the realm of tens of thousands if not more. I mean, I’ve just dealt with a lot cases. I don’t even know if there’s a way to figure it out.
RJ: That’s a lot of experience. Ok. That’s good to know. I guess as a closing question, is there a personal statement you’d like to make to potential clients that are listening to you in this interview or are reading what you have to say?
Victorica: I think that you’d be in good hands with at least coming to talk to me about your case. I give honest assessments as to looking at the case, looking at police reports and I pride myself both as a prosecutor and a defense attorney with being straightforward with people. I’m not the kind of attorney that plays “hide the ball”.
I don’t try to give people unrealistic expectations as to a case. I try to give a straightforward realistic ethical view on it. And I think that that is an advantage, so that people know realistically what they’re facing. You know some attorneys somebody might go talk to may try to scare them that things are a lot worse than what they are. Or, they may try to sweet talk them and be like things are a lot better than what they really are. So, it’s one of those things you kind of want to have a realistic viewpoint. And I think that’s something me and my law firm can provide for people.
RJ: Thanks for taking the time to do the interview and answer the questions. And it’s been very good to speak with you.
Victorica: Great. Thank you so much.
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