Waco Criminal Law Blog : Waco Criminal Lawyer & Attorney : Walter Reaves Law Firm : DWI, DUI, Drug Crimes, Appeals : Waco, McLennan County, Texas

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The traditional thinking among criminal defense lawyers is that publicity is a bad thing. Most of the time that is true. Everyone has seen the press conferences orchestrated by the government where they announce an indictment or big arrest. Along the same line are the perp walks, were some prominent defendant is pared into the jail in front of a crowd of cameras. There is only one reason to do that, which is to get the general public starting to view the accused as a criminal defendant. In other words, someone who did exactly what he is charged with doing.

 Maybe it's because most of the facts in criminal cases are bad, and we don't want to reveal them. The reality  is we spend much of our time in negating and explaining the evidence. Rarely do you see a criminal defendant actively seek out publicity. When they do it usually backfires. Think of how many times you have seen defendants impeached with statements they made to the media.

What started me thinking about this is seeing a news story about a defendant who put up a billboard proclaiming his innocence. Granted, it was someone who had already been convicted and was now trying to challenge that conviction. It was still an affirmative use of publicity that which you rarely see.

Maybe the story caught my eye because I have several cases where I have been struggling with the proper use of publicity in a couple of cases where actual innocence is a real issue. There is a big difference between a defendant going to trial, and one who is already convicted. You don't have as much to lose, because there is not as great a potential for harm; of course there is still some, because anything can be used against you. On the other hand you face a far bigger hurdle than you do before trial. Once you are convicted, everyone assumes you are guilty and you are just one of thousands of defendants  who are claiming they are innocent. That view is shared by the legal system. Postconviction litigation is extremely complex, and most of the rules are in place to ensure that convictions are rarely overturned.

 In the last several years we have seen a steady stream of people coming out of prison after serving years for something they did not do. Most people are now at least willing to accept the idea that innocent people are in fact convicted. Of course, the problem is convincing the courts that your client is one of them. Not only do courts have to deal with the legal presumptions, they also deal with and are aware of public perception. That is why I believe there are some cases where publicity is a good thing.

 I don't think a judge or other elected official will ever change their mind,or decide a case based solely on publicity or public sentiment. However, publicity does generate discussion, which they are aware of. After all, they are members of the community, and you have to expect people they know talk with them about issues in the news. While it might not change their mind, it may cause them to look at a case in a different light, or even more closely. Many times, that is all you need, - and all you can ask.