Safe Havens

Certain information can be obtained only from the client.  Some of this information is necessary in order to begin the process of documenting the client’s criminal history.  First, it is necessary to verify the jurisdiction (i.e., the geographical location of the court) in which each criminal conviction occurred.  If the conviction is federal, it is necessary to determine the state and district of the U.S. District Court in which the client suffered the conviction.  If the conviction occurred in state court, counsel must ascertain the state and county (or other local governmental subdivision) in which the conviction occurred.  This information is necessary in order to determine which “rap sheets” (federal, state and/or local criminal history records) must be obtained in order to verify the existence of the conviction(s), and which court in which city has the court file containing the documents that may be used to challenge the conviction.  For information on obtaining records, see § § 5.13-5.17, infra.

            It is also necessary to obtain the client’s version of the events out of which the criminal charge arose.  Because most criminal charges result in pleas of guilty, the client is often the only source of information concerning possible defenses or mitigating factors, as the police and prosecution often emphasize facts making the client appear to be Attila the Hun.