November 21, 2024
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An attorney’s experience is a quality that sets them apart from their colleges, especially where clients are concerned. While it is important that clients choose an attorney with a history of successful criminal defense successes, there are other types of experience that increase legal prowess.

Experience that is less often discussed when it comes to finding an attorney includes community involvement and prosecutorial experience. Involvement in local causes takes defense attorneys out of the office and into the community. Experience that involves prosecuting the very cases they now defend gives them the ability to see cases from both sides.

These kinds of experiences remove the tunnel vision lawyers sometimes suffer from. It opens up their thinking and allows them to approach their clients’ situations with fresh eyes.

Experience As A Prosecutor

Rick Cofer has varied experience in the Texas Juvenile Justice System. His background as a former prosecutor helps him anticipate legal arguments his clients may face in court. This insight and anticipation fuels Rick Cofer’s unique strategies and helps him understand how kids end up on the wrong side of the law from the prosecution’s standpoint.

Flexible, unique thinking is a great asset to attorneys. Understanding their opponent’s perspective gives them the ability to devise effective strategies to defend against them. As Cofer gains a sense of how the prosecution views the respondent, he can devise ways to counter these assertions.

Because he is used to being in the prosecutor’s shoes, he knows how to think as they do. This opens up a world of possibilities for his clients.

A Greater Understanding Of The Problem

Though his work on both sides of juvenile matters, Cofer came to understand the problems that cause children to act out and find themselves in legal troubles. These children often come from disadvantaged backgrounds, lacking the opportunities their peers enjoy.

For instance, children who feel like outsiders, those who fall into minority groups, face a special set of challenging circumstances. They aren’t born ‘bad,’ they are simply a product of their environment. Changing that environment can have significant, positive consequences.

Because of this understanding, Rick Cofer is active in local causes including The Austin Kind Clinic. This level of investment in the community is good for Austin and helps him in his practice as well.

He has a chance to interact with at-risk youth and the counselors and mentors who are active in their lives. These contributions and experiences make him a better attorney because they help his overall understanding of children and teens in Austin.

Cofer simultaneously works to improve the community and change the system while learning more about the environment his clients live in every day.

A Personal Touch

The court can exercise discretion when dealing with minors and because of this, the way the defendant is seen by the court is powerful.

Learning about a client’s life leading up to the alleged offense can shine a light on their true motivation, something that can matter to the court.

 

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Many attorneys become jaded by their workload and the countless clients they see face similar situations every day. Cofer develops enough of a personal connection to his clients to see them as individuals.

He also has the benefit of meeting kids just like them through his community involvement. These things help him represent clients in court without indifference. They keep his mind clear of what can become a depressing view of human nature. When attorneys develop this mindset, it only hurts their clients.

Types Of Delinquent Conduct That Subjects Children To The Juvenile Court’s Jurisdiction

There are four types of conduct that fall under the juvenile court’s jurisdiction and six more that are defined as ‘Conduct In Need Of Supervision’ or CINS.

Class B Misdemeanor or Greater Law Violations.

According to Texas Juvenile Law Section 51.03(a)(1), delinquent conduct is “conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail.”

Therefore, this includes felonies and misdemeanors that can result in jail time but excludes misdemeanors that carry only fines. While some jailable misdemeanors are considered CINS offenses, this is a general rule.

Contempt In Municipal, Justice, County or Truancy Court

The current statute defines contempt as “conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court.” This happens when the Court and a minor reach an impasse and there is no other course of action. It is often handled by referral without the need for a formal petition.

Driving While Intoxicated (DUIM)

It is illegal for minors to operate any type of vehicle (including boats, planes, etc) with any detectable alcohol in their systems. Although this is, itself, a Class B Misdemeanor, it is included in the statute specifically to clear up any possible confusion.

A Third and Subsequent (DUIM) Offense

Previously, this type of conduct was considered cause for CINS supervision, but it is now a reason for juvenile court prosecution. If the respondent was 17 or older when the third DUIM was committed, they can be referred to an adult criminal court.

Conduct In Need Of Supervision (CINS)

If a child runs away from home, inhales paint or glue, commits offenses that only carry fines, violate student conduct standards, commit prostitution, or transmit electronic visual material depicting a minor, they can be subject to a CINS proceeding.

These matters are different, but still carry consequences that successful representation can help you avoid.

Individualized Representation Is Vital

If your child finds themselves in juvenile court because of some of the above reasons, they’ll benefit from an attorney who doesn’t suffer from preconceived notions of what makes a ‘bad kid.’

Rick Cofer understands that each child is an individual with a story and that the delinquent conduct they’re accused of doesn’t define who they are.

Seeing The Whole Picture

Not only does Rick Cofer have the benefit of experiencing the courtroom from the prosecution’s side, he understands what motivates people to break the law. Together, this approach creates a holistic representation that sets clients up for success.

Read more from Rick Cofer:

https://medium.com/@rickcofer

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