Saturday, January 28, 2012

Ithaca Lawyer Will the Truth Set You Free?

I listen to people's stories every day. Some stories sound better than others. Some are the truth, and some of course, are versions of the truth. But If you believe it, is it really a lie? Kinda like, if the tree falls in the forest and no one is around to hear it fall does it make a sound?

Well, I prefer the truth. I prefer to know the best and worst parts of people's situations. How can I defend against what I don't know about? It's impossible to help those that tell me BS.

The Truth in Criminal Cases

If you hit a tree, a pole, a guardrail, or narrowly missed a house that's important for your attorney to know. If your driving was less than stellar (all over the road) then the speeding ticket or stop sign ticket was a police "gift" of sorts. I realize that quite often people's memories are faulty. They just don't remember stuff or the effects of drugs have rendered their recollection blank.

Making up history is always a problem. I had a kid that swore ( I hate when people do that) that he downed 8 beers in 15 minutes. His BAC (blood alcohol concentration) was a .22. He had left his dorm to ride into town for some pizza. He said he did not drink anything till he got to the pizza place. The police arrested him as he was leaving the pizza place. He couldn't have been D (W) I because the drinking came after the driving.

What he didn't know that I later found out was that after he hit the "second" mailbox the homeowner's called the police. They (the homeowners) had followed him into town. They watched him drive, and then waited for him outside the pizza place. When the DA handed me their statements I was floored.

This story sounded fishy (or smelled bad) at the onset but I give people every "reasonable" doubt. Could he have played a "drinking game" at the pizza place? yes, but 3:00pm, not likely. Drinking 8 beers in 15 minutes, again possible, but not likely. This was his defense. Not one I would have liked bringing to a jury. I always give weight to the evidence, and my client's story. Proof is always proof though, and the DA had those witnesses.

The Truth in a Personal Injury Case

If someone is injured in a car or truck accident their past medical/accident history is always a question. Are they a blank slate? Do they have priors? Did they make prior claims for any injuries? If they don't tell me or their doctors it will hurt their cases in the long run. Nowadays insurance companies will discover all of your past claims, problems, lawsuits, and crimes.

Honesty is the best policy. Your credibility (or lack of) with a judge, jury, insurance company, or defense lawyer can either help you or hurt you. Sincere, honest, and consistent people make the best claimants. Asking for, demanding, and requesting the maximum money damages for your pain and suffering requires a pair of clean hands. Going in dirty is not going to bring you the best result.

Lawrence Newman, D.C., Esq.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850