Phoenix Drug Crimes Lawyer Answers Legal Questions- Defense Attorney Adam Feldman

Phoenix Drug Crimes Lawyer Answers Legal Questions- Defense Attorney Adam Feldman

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>>RYAN: We are with Adam Feldman. Adam is
a criminal defense attorney in Phoenix, Arizona. He’s agreed to answer some online questions
related to drug crims and drug offenses. With that said, Adam let us go to our first question.
How many drug cases have you tried and won?>>ADAM: It’s a tough question. Most criminal
defense attorney don’t keep track of the trials that they’ve done and won but if they can
give you a number they probably mean that they didn’t have won that many. Over the years
you should be winning a ton of these cases. So the answer is a lot and take that even
step further. The safest way to win a case is not to win it in trial. Because ultimately
if you are taking case to trial, you are leaving the decision as to whether it is somebody’s
freedom, whether it is a felony on somebody’s record. You are leaving those decisions to
8 members of the jury or 12 members of the jury depending on the charges. So one of the
other things I pride myself on, in addition to my ability to win a trial is my ability
to win before trial and that is always the safest thing. Specifically with drug cases
you want to work something out where you can get the case dismissed before the trial and
if you can do that, that is a bigger success than winning a trial. And when it comes to
getting drug charges dismiss or drop before a trial or with nothing on somebody’s record,
I have done that countless of number of times where people would come to me with these very
serious drug charges whether they are look at huge fines, permanent felonies on their
record, and we’vecreated situations where all of a sudden they just have to take a few
classes, maybe drug tests, and everything goes away. I hope that answeres your question.>>RYAN: Okay. Excellent! The next questions
was very specific. My son received a possession charge and we�re looking to hire an attorney.
What can be done to keep this off his record? He is a college student.>>ADAM: You are finding yourself in a situation
where a lot of college students or parents of college students are finding themselves.
Child is off to college and they are having fun, often times a little too much fun and
the next thing you know they end up with these drug possession charges. Drug possession charges
are some of the most successful cases that we have here because you can relate to it
unless we are talking about a college student who is running a drug selling operation on
his dorm room. That is far more serious but we are talking about a typical college student
who is sampling with drugs and gets caught. We are very successful in getting those cases
ultimately dropped. Typically, we can coordinate with the prosecutor or with the detectives
to work out something through 00:02:58.20 into classes or community service. Maybe with
some drug testing to ensure that your child is clean and that all charges can be dropped.
You can never guarantee this with every case but over the course of the years I have seen
tremendous success rates with getting these young students clearing their records of these
drug possession charges.>>RYAN: Next question we have is; My husband
is in Maricopa County for a distribution charge. We don�t have a lot of money, but he wants
me to bail him out. If I do, we might have a hard time hiring an attorney. What do you
recommend we do and what do you charge?>>ADAM: When it comes to the question do I
pay for bail or do I hire an attorney, my response is always hire an attorney. It would
be wonderful if you can do bought from the get-go but majority of families out there
simply can’t. So why do you need to hire the attorney first? Well, temporary freedom i
sfar less important than permanent freedom. The immediate gratification of posting the
bond and then all of a sudden your loved one is out of jail, that’s great for the time
being and often times very necessary. He needs to work, help with the children, whatever
it is, but if you drop the ball in the attorney portion of that, who knows in 4,6,8 months
down the road he might be right back in jail but maybe he might be imprisoned for an extended
period of time,so was that really worth it? In hiring an attorney you are doing two things.
One is you are ensuring that anything and everything that can be done to protect your
husband is going to be done. If that means resolving the case with a dismissal, lower
charges, no imprison, you’ve accomplished everything that you wanted. The hardship is
perhaps he’s just been in custody in the process of doing that. Probably, the most important
part is when you hire an attorney, one of the first things I find myself doing is filing
a motion to modify release conditions. All too often, I get clients who will come in
with a bond of $100,000,$500,000, even $25,000, these excessive bonds. So we reanalyze why
they got these bonds. We often times find that there are mistakes, misrepresentations,
all sorts of different scenarios on why their bonds are so high. So we file this motion
to modify release conditions saying, Hey Judge,You issued this $500,000 bond but what you don’t
understand about my client is he owns a home in the state therefore he is not a flight
risk. He’s not just going to run and leave his $100,000 or $200,000 million dollar home
to be seized. So that will tie in to the community, he had a job for the last 10 years with the
same company. He has children here and he has different types of things that anchor
him to the community an dby demonstrating that to the judge and they are often persuaded
and say, “Yeah, it makes me feel better that he’s not just going to run California, Mexico,
or wherever”. Basically by hiring the appropriate attorney, you’ve given yourself a better chance
of reducing that bonds so then maybe you can then afford both at the same time.>>RYAN: That makes a lot of sense. I have
pending drug sale court date. I don�t think the public defender�s office is helping
me. When is too late to hire an attorney?>>ADAM: The answer is it is only too late
when a judge tells you they won’t let a new attorney on. That happens but pretty rare.
Typically, what we see is that it happens the closer you get to the trial date. From
personal experience, I’m very reluctant to take a case that is really far into the representation
vote. I will have clients call me and they’ll say, “Hey look! I don’t trust my public defender.
I am a week away from trial. Can you help me out? My common response is that I am really
reluctant to take this cases and the only way that I would even consider it is if from
some reason the judge continued your case for 3 or 4 months then I would consider getting
on. But it’s difficult when you are that far in. You basically have to condense 5-6 months
of work into whatever the timeframe is, 1 month, 2 weeks, 1 week. So when we really
get to within that month time frame, I often times politely say that I’m not going to accept
the representation but a lot of times I’ll say that and they’ll say, Well, how much time
do you need? To which my response is; If the judge can give me 3 months. If you can get
that with your public defender, we can talk and I will likely get on the case. A lot of
times the judge will grant that request. When it is too late? Well , it depends on the judge
and what we can work out. So no specific answer but hopefully that points you in the right
direction.>>RYAN: The final question that we ha had
was; I have multiple drug charges. I�d like to hire an attorney. What payment terms do
you offer?>>ADAM: Every drug case is totally different.
You will find a lot of attorneys who will be able to call out the price just from hearing
what the charges are. I particularly don’t do that. I don’t that’s fair. Imagine two
cases, both of them are possession of marijuana for sale. Same charge yet one of them talks
about a truck load of 20 tons of marijuana coming across the border and the other one
is a college student who sold a gram of marijuana to his friend. Those cases could not be further
apart. I can’t really give you a specific price for drug sale or distribution charge.
It is such a fact specific question that I would want to sit down and talk in more detail
then we would work out the price and if needed we would work out the payment arrangements
because we always do payment plans if that fits your budget. But because it is so fact
specific, I usually like to sit down with the client and family members to understand
that. Another thing is part of the consultation, when it says that it is free consultation,
that’s not necessarily just with you that is often times with me going to the jails
speaking with whoever is the representation is for and getting and understanding what
the case is. That is the part of the business model. Only after I understand what the defendant
side of the story is, can I come back to you and say this is the more appropriate price.>>RYAN: Okay. Excellent. Well, if you have
any other questions for Adam, all you need to do is post them to the comment section
below. He’s agred to get back to you typically within a couple of days with the answers.
In addition, obviously you can reach out his office directly. Adam, thanks for your time.>>ADAM: Thanks Ryan. And the biggest thing
with so many of these questions that were very fact-specific you can always call me,
(602) 540-7887, that is my cellphone. So you are not getting a paralegal or receptionist,
you are getting me. We can talk about the specifics of each question or each case and
I’ll be able to give you more specific answers and that’s really what this consultation are
about. So I look forward to hearing from you and I hope the information was helpful.>>RYAN: Excellent. Thanks Adam.

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