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  5. THE BEST DEFENSE IS A GOOD OFFENSE

THE BEST DEFENSE IS A GOOD OFFENSE

On Behalf of Ed Shaw Law | Jan 29, 2022 | Criminal Defense |

Old saying, I think from a college football coach years ago. The term applies in a few criminal defense cases. It does not apply in most cases where someone is accused of a crime, and, they did what they are accused of, or, something close to it. There is a lot of work to be done in those cases, but, attacking the other side is not usually going to be a good part of the strategy.
Offense comes in for those cases where someone is falsely accused, where they are being prosecuted because of a serious mistake by law enforcement or the prosecution, or, worse, a deliberate attempt to prosecute someone due to ulterior motives on the part of law enforcement, and or the prosecution, the motive can be political, eliminate an actual or potential political opponent, personal, settle a grudge, racial or other bias, or any other reason to prosecute someone besides a belief that they are guilty.
I wish that I could say that the system always works, that no one is ever prosecuted for an improper motive, but, unfortunately that is not the case. I have seen several cases over the years where law enforcement, prosecutors, or both used the power of the state and public resources to attack someone who was not guilty of any crime. In one case this was done to eliminate a political opponent, someone who criticized them, in another someone who had previously criticized a county attorney was prosecuted later to settle a score. Fortunately, in these cases no one was convicted, the defense was successful, but, not without a lot of stress and aggravation for the people falsely accused.
What do you when the state is abusing it’s power by falsely accusing you? Hit back, counter the negative media attention the prosecution has piled on you by making the accusations. I have seen arrests timed for maximum media attention, get attention for your defense as well, your lawyer needs to be thinking about how to get the word out in your favor, otherwise the negatives from the other side will be all the public hears about. When appropriate, make complaints to the appropriate oversight authorities, oversight of officers and prosecutors is woefully inadequate in this state, but, do not give up on making the complaints. Consider legal action against those accusing you, and pushing your prosecution. Actions under federal and state law are possible. The laws are complex, and, you may want to consider filing your case before the criminal case is completed to avoid possible statute of limitations, time limit to file issues.
If you are falsely accused do not assume that the system will correct itself and help you. Unfortunately, too many prosecutors, and judges do not see, or do not want to see when the system does not work. You are on your own when you are subject to a false accusation, get a lawyer who knows how to fight back, and be prepared for a battle.

Why do different states have different laws?

by Edward Shaw | Jun 30, 2025 | General Law

I get asked the question all of the time, why are the laws different in each state, and, why do people need to get different lawyers when they have legal issues in other states. The answer goes back to the founding of our country, we have always had a federal system,...

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Will I lose everything in Chapter 7 bankruptcy? 

On Behalf of Ed Shaw Law | Jun 5, 2025 | Bankruptcy

Chapter 7 bankruptcy helps erase debts when you cannot pay them and give you a fresh financial start. However, many people think of bankruptcy as losing everything. Fortunately, Minnesota laws protect essential assets.  Confidence comes from knowing your rights—learn...

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What is the difference between legal and physical custody?

On Behalf of Ed Shaw Law | Apr 23, 2025 | Family Law

If you're going through a custody issue in Minnesota, it's important to understand the difference between legal and physical custody. These terms may sound similar, but they each play a different role in your child's life. Understanding legal custody Legal custody...

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JAIL PHONES

by Edward Shaw | Apr 4, 2025 | Criminal Defense

Many of you have seen movies involving phone calls from a jail or prison, maybe some of you have gotten calls from a jail or prison.  If you have, you may be familiar with the message that often plays 'This call is from a correctional institution and may be...

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EXPERT WITNESSES

On Behalf of Ed Shaw Law | Mar 27, 2025 | Firm News

Most people outside of the legal system have never heard of expert witnesses, a critical part of the legal system.  Unlike regular witnesses, who can testify about what they observed or heard, experts can offer opinions.  Experts are used to explain a variety of...

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Contracts for Deed

by Edward Shaw | Mar 12, 2025 | Business Law

They are an alternative method of financing the purchase and sale of property.  Instead of the buyer getting a bank loan, payments are made to the seller.  The arrangement has its advantages, by taking payments over time a seller can in some cases save on taxes. ...

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WHEN DO YOUR RIGHTS HAVE TO BE READ TO YOU

by Edward Shaw | Jan 31, 2025 | General Law

I have written on this topic before, but, because it is a source of a lot of misunderstanding among the general public, it needs more attention. Police shows for decades have shown people being arrested and read the Miranda warning, 'their rights', you have the right...

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When can you sue someone for something they say?

by Edward Shaw | Jan 24, 2025 | Civil Law, General Law

Free speech is a cornerstone of our society, for good reasons.  A democracy depends on people being able to express their opinions about anybody, and anything.  Even the richest and most powerful in society can be criticized by any citizen in a free society. Like all...

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MONEY AND DIVORCE

On Behalf of Ed Shaw Law | Jan 13, 2025 | Firm News

When divorces are tough there are usually issues with money.  The rules on dividing assets, money, real estate, vehicles, anything of value, are simple, it is generally divided equally, regardless of who earned it, or whose name is on it.  The exception is...

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Tips for co-parents to keep the holiday season peaceful and joyous

On Behalf of Ed Shaw Law | Dec 6, 2024 | Custody

Co-parenting presents challenges throughout the year, but the holiday season can amplify these difficulties, even for those who maintain a cordial relationship with their former spouse. From Thanksgiving through the end of the year, the added stress of coordinating...

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  • Why do different states have different laws?
  • Will I lose everything in Chapter 7 bankruptcy? 
  • What is the difference between legal and physical custody?
  • JAIL PHONES
  • EXPERT WITNESSES

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