>>Ryan: We are with Adam Feldman. Adam Feldman
is a criminal defense attorney in Phoenix, Arizona. He has agreed to answer some online
questions for you related to sex crimes. With that said Adam, let us go to the first question
that was posted. I am facing some very serious charges, actually many charges, all the charges
are sexual in nature and are over the course of years. If I hire you, will I get a flat
fee upfront to defend all of the charges?>>Adam: Thanks Ryan. Yes, the answer is we
always do flat fees at the law firm. It is really the best way to do this because otherwise
if I were to give you an hourly rate, most attorneys are charging near between 250-500
dollars an hour. These hours are really going to add up and next thing you know a case that
is worth let us say a $5000 all of a sudden ends up being 50,000 dollars and a case where
$50,000 ends up being valued at $500,000 when you do the hourly rate. So, all of my representation
is flat fee. With that said in sex crimes. Every sex case is very different. You have
certain sex crimes that are very minimal, they are misdemeanors, and then you have some
that are very serious felonies where ultimately the punishment could be a life sentence. So
the price is going to vary from one case to another but it will always be a flat fee.>>Ryan: Okay. Next question was, what is
your personal experience in defending sex cases?>>Adam: I have a tremendous experience with
sex cases. Let us go back a little bit. First, it starts of; I am a former prosecutor at
Maricopa County Attorney�s Office. And that gave me a tremendous amount of experience
being on that side of prosecuting cases. And you also learn the tricks and the trade how
the prosecutors deal with these cases and so that transferred over to my initial criminal
defense. I was working with a large criminal defense firm for about 6 years. And in that,
I dealt primarily with violent crimes and sex crimes. So I have had 6 years of tremendous
experience as it relates to sex crimes. When it comes to dealing with these cases, there
are not that many attorneys in the Phoenix area who do sex crimes. I am sure there are
plenty who have tried to do them, who were charging money and try to handle them. But
you really do not want to have an attorney who is learning how to do these cases on you
dime, or on your loved ones life. So, I have had tremendous amount of experience. I have
dealt with all different types of sex crimes. I have taken lots of sex crimes to trial,
which is another thing. You will really do not hear that. You will be hard pressed to
find attorneys out there when you are interviewing them who have: One, handled these types of
cases; Two, taken these cases to trial; and Three, actually won these cases on trial and
then countless not guilty verdicts on sex related cases all throughout the years. So
when it comes to experience with sex crimes I have tremendous amount of experience.>>Adam: I am sorry Ryan. I cannot hear you.>>Ryan: Okay. Sorry about that. Next question,
I have been charged with aggravated sexual assault but it just did not happen the way
she said thus, there is no evidence but I am still being charged. What are my options?>>Adam: Your options are limited and what
you are describing is unfortunately pretty common here in the valley. You have one side.
Usually it is the woman who makes an allegation against the guy. And it takes very little
more than that to turn an allegation into a criminal charge. Quite often the client
says, “Hey, I didn’t do it” or “It certainly didn’t happened the way that she said”, there
are sorts of different variations. Nevertheless, you end up getting charged for something that
is really no more than an allegation. So what are your options? Well, you have limited options;
Option 1 is you will be appointed with public defender and you can always stick with that
option. Option 2 is you hire your private attorney to do that. Whenever I talk to potential
clients or at least family members about these cases, I always tell them that, “You are going
to get what you pay for and you don’t want to bargain on a case where your son or your
father or your brother’s life is at stake” Private representation for these cases is
unfortunately it is expensive. But like I said, you quickly get what you pay for. I
have had clients come in and say, “Hey, there are guys who are willing to charge me $5000
but the majority of attorneys are quoting me 25,000 dollars”. My advices to you when
we are talking about options are save your $5000 and then go to a public defender. But
I always encourage people to if they have that ability; exercise the option of hiring
a private attorney. There is such a difference between the quality of representation of the
public defenders office versus a private attorney. Not only just in the area of lie and ability
to mitigate the case but the biggest thing is the contact with the client, the contact
with the family, letting everybody know what is happening throughout these stages of the
game. And that is really the TLC that you do not tend to get with the public defender�s
office.>>Ryan: Okay. Next question that we have
here, in some ways an extension of a previous question that was asked. Are there experts
in defending sex charges like there are experts in bankruptcy, family law, etc? And if so,
how do I go about finding these experts?>>Adam: It is kind of a tough question because
an expert is somebody who is great at his or her field based on experience. So, I am
sure there are tons of defense attorneys out there when you are interviewing them and they
are trying to get your business. They tell you to have tons of experience so on and so
forth. There are series of questions you want to ask them such as, how many of these cases
have you dealt with before? Have you ever taken a sex case to trial? How many of these
cases have you taken to trial? How many of these have you won a trial? And you see in
that series of questions, you are going to get some very start contrast in the responses.
A lot of these guys will claim, “Hey, I’m an expert in sex crimes therefore you should
hire me”. When you ask the first question, how many cases like this have you handled?
They will probably, “Yeah, I have handled a lot” or so on and so forth. But when we
start getting into the specifics, how many of these cases have you taken to trial? Usually
their answer tends to go to zero.>>Ryan: I understand. Okay.>>Ryan: Oh, I am sorry we just had a little
bit of a lag there. Continue, Ryan.>>Adam: All right. So the reason that a lot
of these attorneys will claim to be experts then the next thing you find out is that they
have not taken a single one of these cases to trial is because if you go to trial in
a lot of these sex cases, the risk is huge. Ultimately, he could be life imprisoned. And
a lot of these attorneys who do not have that much experience with these cases do not want
to risk it. That’s not to say, I want to risk somebody going away from life imprisoned but
the difference that I truly know the ins and out of these cases that I can analyze it.
Truly, significantly which cases are strong in trial, which cases have weaknesses, how
we can exploit this weaknesses. And because of that, I am very successful with these cases
when they go to trial. So, in finding an expert, the questions you asked are very important
and you need to make sure that the attorneys that you are interviewing have done these
cases, have taken them to trial, and won a trial. That is the best I can do.>>Ryan: That actually makes a lot of sense.
And this is the final question that was posted. I expect paying charges for rape, rape allegation,
but I also expect I will be facing a civil case. How does this process work and do you
defend both?>>Adam: I primarily stick with criminal defense.
Sometimes that leads in to civil defense but I always have to associate with civil attorney
because they are really different areas of Law. Going to the criminal aspect, you have
not been charged yet but you anticipate that it is coming. That almost leads in to another
question, which is oftentimes, I hear, “When is the right time to hire an attorney? For
you, if you have not been charged but you think some things coming, the answer is right
now. Most attorneys out there will do, it is called Pre Indictment Routine. Meaning
you believe the charges are going, maybe a detective has already contacted you, or maybe
the person claims are already posted out there on Facebook or through friends that they are
going after you. Now is the perfect time to get an attorney. You do not want to wait until
your charge. There is so much that an attorney can do before your charge to help you. Oftentimes,
when people come to me before their charge. We can create a situation to review no charge
at all. And that is a dramatic difference from hiring an attorney on the backend after
you have been charged. There are advices that I can provide to protect you from the police,
from the accuser. That is kind of bad answer in the nutshell.>>Ryan: Okay. Well if you have additional
questions for Adam, you can post them online in the comment section below the video. He
will get back to you if you have the right questions or if you want to be private about
it, all you have to do is email him or give his office a call directly. Adam, thank you
for your time.>>Adam: Thank you, Ryan. And the biggest
thing when we’re talking about sex related crimes is that there are so many different
scenarios and the facts are always so specific that these are general answers I’m providing
but If any of you have any specific questions about your case or your loved ones case, you
can always call me (602) 540-7887. I would be more than happy to answer your questions
for free. Should you come to representation, I am more than willing to assist. Thanks again,
Ryan.>>Ryan: Thanks Adam!>>Adam: All right. Take care!