PD Jay

"Not to take anything away from you..."

2011-06-29T14:52:00.003-04:00

When you insult someone's character, integrity and intelligence, I feel you should own up to the insult. Don't follow up with "not to take anything away from you," because that's exactly what you meant to do. Rather, follow up with, "not that it's your fault you lazy piece of shit."

Latest Trial - Not Guilty

2011-02-18T15:23:00.001-05:00

I only have time for a short post, but I just got a jury verdict: Not guilty on all counts: Possession of Cocaine with intent to distribute; Possession of Ex. with intent to distribute.

Yay, I need a nap!

Have a happy holiday... preparing for trial

2010-11-18T08:02:00.002-05:00

We just got notice that we will be on trial the week of Jan. 3rd. So, enjoy New Years... at the office. Have a fun Christmas... at the office. The office gives us an extra paid week off around the holidays, but now it looks like I won't be using that. I can't even bank it for later.

Awesome!!!!

A rough day

2010-11-01T19:28:00.003-04:00

Today started out as a typical run-of-the-mill day. I got to a quiet office before most of the other attorneys. I finished up some paperwork leftover from Friday. I got ready for my 9:30 appointment who never showed up and didn't call. Pretty much standard for any day as a PD. Then, something unusual: my 9:30 called around 11:00 and said she would like to reschedule. I should have gone home in shock. Instead, I agreed to reschedule for 2:00. On the call she demanded discovery. That should have been my first clue....

At 2:15 my 9:20/2:00 showed up for her appointment(s). For some reason she brought a friend and also her 19 month old daughter. I've spoken to this client before on the phone and she is constantly yelling at her baby. I specifically scheduled this appointment rather than talking to her on the phone because she can't go more than 90 seconds without screaming into the phone at her baby. It's a constant barrage of "SIT DOWN!!!," "GET OFF THAT!!!" and "I'M ABOUT TO SMACK YOU!!" I scheduled this appointment with the words, "is there a time we can meet without anyone else to interrupt us?" Turns out the answer is no.

So, back to 2:15: client, baby and friend walk in and baby is screaming. I could hear it from the lobby, and had already made the connection that this was awaiting me. Sadly, there was nothing I could do. All three of them sat down in my office and it was several minutes before I could say word one. All I could do was sit and wait for baby to calm down and accept her mother's tootsie roll as solace... which it wasn't. My co-worker came in and offered some crackers which would have been a big help, except that my client almost immediately smacked the baby for not accepting the crackers fast enough... or maybe because of baby's attitude... or maybe just to smack her, I don't know, nor can I begin to know why... So, I politely asked baby and client's friend to wait in the lobby. Client's friend declined and said, "this isn't even my baby." Fair enough, not your baby, who cares. Co-worker to the rescue again: "I have some play puppies she can play with while you're in your meeting." Good, time to talk to the client. If only it were so simple....

Client's biggest issue with her stabbing case: the police report lists the wrong color car. That's going to blow the case wide open. Great. This is going to go so well!! 2nd biggest issue: She already gave her statement to another public defender, so she isn't about to tell it again. I tried everything to get her to tell me, "what happened that night?" Nothing doing. No answers. If I was going to represent her, I would have to magically figure out what happened, what her perspective was, and who was lying. No problem. Not at all interested in contributing to her own defense. I even told her, "it's not me who will go to prison, it's you. So if you want to defend this case with no preparation, that's fine with me." This did not phase her at all.

I was able to explain a jury trial, but that's about it. She really wanted to file a motion to suppress, but I don't know what she wanted to suppress. In the end, I had to force her to leave the office. Not in a nice way, but in a way that prompted her to ask for my supervisor. The only redeeming part of the day was a supervisor talking to her and not only backing me up, but chastising her for her behavior in our office. She was told by multiple people that she had to leave... several times.

New assignment

2010-09-01T18:38:00.002-04:00

Fresh off the heels of my last trial victory, I've moved courtrooms. Every once and a while they have us rotate through different judges and I was selected this time. I'd been in one place for a year and a half, so the move was not unexpected. It's always a little work to get situated in a new place, so I'm expecting things to be hectic for a little while and then to settle into a groove.

I had a good experience in the courtroom that I'm leaving. The judge was more than fair and let us try cases however we wanted. For those reasons, I'll miss it. Though, I don't know much about my new assignment. I hear it is not too different, though a bit more predictable.

Whatever happens, I'll still be fighting on the same side....

Winning feels good

2010-08-11T23:11:00.004-04:00

Despite the lack of decent clothing (see previous) I got a not-guilty on my last trial. It was short, but tiring, and it felt good. Facing a life sentence, but he walked out of jail a free man. He's heading to technical school to be a mechanic and said he's done hanging with the wrong crowd. I hope that's true because they really set him up for some serious stuff....

There has to be a better way.

2010-07-18T12:13:00.002-04:00

I just spent too long picking out clothing for two clients who are going to be in court for trial tomorrow. Some things that annoyed me (even more than the last time I picked out clothing):

One of our clothing racks had collapsed, leaving heaps of suits, belts, ties and jackets all over the floor.

None of the suits are marked with sizes, so you have to try it on yourself, or guess at the size.

We only have a few pairs of shoes, and most of them are all the same size.

Everything is outdated and out of style.

These guys may be in jail, but they should at least have their basic dignity in court....

Death

2010-04-16T10:35:00.001-04:00

I had a client die in the local jail. I only found out because the Medical Examiner called me to see if I knew of any next of kin. I didn't really know this client, except that it was a mental health case, suicide watch....

Wasted client

2010-02-22T14:36:00.001-05:00

I have a client who is trashed out of his mind and he keeps calling me up this afternoon. He keeps trying to tell me how I just told him to call back.... no, I didn't tell you that sir. He also denies drinking when I ask about it. Dude, stop calling me!!

Death

2010-02-18T10:42:00.002-05:00

I just learned that a prosecutor's young son was killed last night. I was heartbroken to hear this and I am very saddened by the news.

We spend a lot of time bitching at each other, fighting each other, fighting over cases, complaining about each other... but this is terrible news that nobody deserves to get.

It has been a sad, sad morning.

No trials yet

2010-02-16T16:06:00.003-05:00

My aggravated stalking trial took a plea. My three cases called in for today's calendar all went away... though only temporarily. (One of them has a great suppression issue where the cop is in jail for violating of oath of officer). Hurry up and wait all over again.

Called in on Aggravated Stalking

2010-02-09T10:32:00.004-05:00

My latest trial case has just been called on to start trial tomorrow. Aggravated Stalking, Simple Battery, and Terroristic Threats.

It should be an interesting case, only a few witnesses though.

Your office is on fire... now what?

2010-01-06T10:49:00.003-05:00

You're suggesting my office cut 13 positions. You have a guy with a PhD running the safety department and he sends e-mails like this?

"Reminder!
The very popular class, “Your Office is on Fire…now what?!” is being held on Tuesday, January 12th from 8:30-9:30. Don’t miss this wonderful and eye-opening class."

How much can we save if we eliminate that office and the entire staff?

I think I'm close to tears

2009-12-17T20:00:00.005-05:00

Today I had a helluva Calendar to work through. It is now 8PM and I am just getting back to my office. We worked out a lot of cases and some folks went home for the holidays. The other PD assigned to my courtroom got out "early" at 6:00 tonight. I got the late shift and am just finishing out my 12 hour day. I returned to my office for some news that has my stomach in a real knot. I'm not sure if I'm physically sick from my long day, or if this just scared the crap out of me. I opened my computer to the following email....

From my boss, the county public defender:

"We just received the recommended budget for our department and it is not good news. There is no easy way for me to say this, but the recommendation is that 13 positions be eliminated from our office. Please know that I will do everything possible to keep these positions. The budget is now up to the Commissioners and they have until March 1st to approve the budget. I have a plan of action, including meeting with each commissioner to impress upon them that we are constitutionally mandated to provide representation and that a crisis in the courts will result if positions are eliminated from the Public Defender’s Office. I have already received support from other departments that they will publicly support us keeping these positions. Unfortunately, we are not the only department to suffer these losses. The majority of departments are losing positions, such as the solicitor’s office who will apparently lose 16 positions.

I know this is terrible news to hear, but I believe it is important that everyone knows what we are facing in 2010. Also, nothing is final yet. Public Defenders know how to fight, so that’s what we will do! I will keep everyone updated ..."

Our office has less than 50 attorneys.

Three trials, three weeks

2009-10-09T08:57:00.002-04:00

I am currently waiting on a jury in a 2 count burglary case. This marks the end of the third case I've tried in the three weeks of this trial calendar. First was that Armed Robbery I mentioned, then an Aggravated Assault (self-defense claim), finally this Burglary is the only one left to come in.

Jury selection had some humerour moments. One older juror was asleep during general questioning. I actually called him out on it too. "Juror number nine? ... Juror number nine? You need to try to stay awake sir, these are some important questions." The Judge told us later that he had never seen an attorney call out a juror for sleeping. We all had a good laugh.

Public Defenders with the C word

2009-10-07T00:15:00.002-04:00

Tonight I found out that one of my closest friends at the office has cancer. Serious cancer. I hope that I am supportive enough, and helpful enough, and can do enough to .... I don't know what, I just hope I can help.

Batting .500

2009-09-30T14:06:00.004-04:00

In a whirlwind of activity over the last two weeks I managed to have my first and second trials in Superior Court. First up was an armed robbery with pretty clear surveilance video. My client was arrested a week after this robbery, but there was hardly any evidence against him. I got an acquittal on the only charge!! Next was an aggravated assault with a self-defense claim. The jury didn't buy the self-defense argument, so she got convicted. I think they didn't like seeing the cut with the razor on the girl's back. Sentencing is tomorrow...

UPDATE: She got 15 years to serve 10 years. For a single cut with a razor blade. It didn't help that she ran down the stairs to fight this girl... she was 50 at the time and the victim was 17... and her children and grandchild were present to see her do it.... overall kinda ugly.

It's give your client your belt day!

2009-09-22T09:46:00.002-04:00

My coworker was just ordered to give his belt to his client. The judge said, "I don't think your pants will fall down, but his are falling off."

In a cruel twist, his client was thrown out of the courtroom and, subsequently, the courthouse and the belt ended up in the trash can.

Ah, courthouse drama of the pettiest kind!!

I was having a good day when....

2009-09-18T13:34:00.003-04:00

Today started of pretty well. A private attorney came to court and relieved me of a case that is on the current trial calendar. Several cases were called in for trial that were not mine, freeing up my weekend. Then a series of events put me in a bad mood.

First, my friend here at the office found out that her very recently ex-fiance got married to a dude. Well, not a dude, a woman who was very recently a dude.

Then I found out that my client who had been out on bond was just arrested for this:
http://www.ajc.com/news/dekalb/autopsy-due-friday-on-140351.html

Then a doctor that I have been trying to subpoena in a very serious case has diappeared and I haven't been able to track him down.

TGIF

Hurry hurry, you'll have to wait!!!!

2009-08-11T11:23:00.002-04:00

I had an armed robbery trial ready to go this morning. He took a plea and got 15 to serve instead of risking life without parole as a recidivist.

I spent this last available weekend working on this case... all for naught, but I guess that's what we do. I was ready. My client was ready until the victim walked into court and we knew he was going to testify.

Jail or Public Defender?

2009-07-20T09:24:00.001-04:00

I got an interesting question from someone over the phone: "what is the difference between the public defender's office and the jail?"

It was a very sincere question too.

Crying Clients

2009-06-08T11:17:00.002-04:00

I just had a client in my office who keeps losing his job because of his open case. I feel pretty sorry for the guy. He was charged with "Theft by Deception" back in 2005 and his case is still open... four years later. He is trying to do the right thing by working to pay back the $5,000 he owes on the theft case. If he pays it back, the prosecutor was nice enough to agree to dismiss the case.

He gets fired for having an open case which will be dismissed if he can stay employed long enough to close that same case.... ouch.

I have no record!

2009-05-15T10:21:00.002-04:00

I was talking to a client who wanted to know why he got a $50,000 bond on his armed robbery case. He was surprised it was so high despite the fact that he is accused of holding a gun to someone's head. He said, "but I have no criminal record." To which I was forced to reply, "what about that manslaughter conviction?" Well, it is so old my client doesn't think that it should count. That record will follow you around folks.

My answer to "the question"

2009-04-24T09:17:00.007-04:00

A friend of mine recently asked me "the question." The one we get at dinner parties.

"I would never be able to deal with the morals and actually draw up a decent case for the accused, how do you manage?"

I may have put him to sleep with my answer. It was something like this, only shorter:

It really boils down to a few things. I truly believe in the Constitution and what it stands for. I was a history/religion major in college and that really is the foundation for my belief. Sort of like a firefighter or a soldier who really believes in what he/she is doing, and has the desire to help people in the way that they know best. Granted, I am helping a different subset of people: those that have been accused of a crime. Not the most popular people. BUT, the Constitution promises that someone accused of a crime will not go unrepresented, and no matter how bad the crime or the criminal, he/she is entitled to a lawyer.

I have a favorite story about John Adams. Most people don't remember that he was a regular old practicing lawyer before he was a "founding father" and US President. John Adams worked in Boston during the Boston Massacre. That was when British soldiers fired into a crowd of civilians, killing some, and inflaming the colonies. Those soldiers were arrested and charged, and someone stepped up and defended the men who were seen as evil, the Devil's own spawn. John Adams was the one who stepped up. He represented them because he believed that everyone was entitled to a defense. It was not a popular move, the people of Boston hated the British, but he followed his beliefs.

Enough history.

I always like to try to have people put themselves into the shoes of someone who was falsely accused, or maybe your brother or sister was accused of something bad. You would want someone on your side who stands up for you, holds your hand, really tries to help. Sounds cheesy, I know, BUT: There have been a lot of cases overturned on DNA evidence since they started testing old evidence. I can't help but think of these cases pretty often in my line of work. Victims and eye-witnesses who swore up and down, "that's the man that raped me." Yet, the DNA turned out to be from a serial rapist in the area, not from the man with no criminal history who was in the wrong place at the wrong time (who then got wrongly convicted and spend 20 years behind bars). Nobody believed that guy when he was getting ready for trial. Only his lawyer was there to help him, but even that wasn't enough.

The clients that I get really have the deck stacked against them most of the time. People who were not raised in a regular family, were poverty stricken their whole lives, many who faced hardships based on race (yes, it still exists here in the US). Most of my clients are not bad people, they just made a really stupid decision, or they are not equipped with the emotional skills or social maturity to deal with issues that end up getting them into trouble. 'Trouble' may be joining a gang to seek that approval and acceptance from someone that they never got from their disaster of a family. 'Trouble' could be stealing food or alcohol because that's how they were raised. Or, 'Trouble' may be something really serious like a street fight (that most of us would never be involved with), suddenly someone pulls a gun and things escalate and then there's a body.

An interesting part of my job is dealing with law enforcement officers. A common stereotype of public defenders is that we hate all cops. I tend to get along with most cops really well, despite the fact that I have to cross examine them all the time. I don't feel like we have to have animosity between us like some lawyers do. Some lawyers hate all cops, like some cops hate all lawyers. My philosophy is that we're all doing our job the way we know how. Of course, there are good and bad in every profession. Last week I was going after a cop who has a very bad reputation as a violent guy, has been suspended 6 times since 2006 for excessive use of force, inappropriate contact with defendants, beating his wife.... etc. That cop, I hate and so should you. But not simply because he's a cop. He's an abuser with a serious problem, and a criminal himself, and he's in a position of power. Those guys are somewhat rare, but it does happen. He has beaten more than one of our clients, and he’s been suspended by internal affairs.

Another common misconception about public defenders is that we're all foaming at the mouth liberals who want to ban all guns, etc. Without getting into the details of those interesting topics, that's just a misconception. I am a supporter of all of the Constitutional Amendments.

The short answer for private lawyers (non public defenders): "I do it for the money" :)

Pro Motion III

2009-04-20T10:25:00.004-04:00

I'm no longer a supervisor. I'm not going to be spending my days helping out all the new attorneys in State Court. I have been moved to Superior Court Attorney.

It's strange, I was in my current position for 3 months. I was thinking that it was going to be closer to a year here. But, when the bosses say to move, you move. Here, Superior Court means any felonies that end up in your trial courtroom. So, I've moved on from DUI and Criminal Trespass and I'll have everything from Forgery and Burglary to Murder and Armed Robbery. My last employer had me in a similar courtroom, and it went fine I guess. So, I'm prettty sure I'm ready to tackle this new placement. I was sort of getting used to life as a supervisor though. This might cut down on my coffee runs!

Fury Trial

2009-04-17T09:49:00.002-04:00

According to the clerk's system, I have notice to show up for a Fury Trial Calendar this week. Hopefully we get to pick a Jury instead of a Fury.

I would not normally have this case since it is a Murder, but I got appointed when our office decided that one attorney could not represent three co-defendants without a conflict of interest. Good call. So, my one felony case marches along slowly towards a Fury Trial.

Arrange it

2009-04-07T16:02:00.002-04:00

I was helping out some of my attorneys with their arraignment calendars this week. Ugh. I hate repetition, especially when I'm repeating a really long story that always ends the same way: "Go over all that with your lawyer."

I don't mind helping out, and I like all the lawyers that I'm currently supervising, but it does get pretty boring filling out paperwork and having 4 minute meetings with new clients all morning.

Last week I got to help out with Motions in a DUI case. That was pretty fun, and I was helping/training the lawyer that is assigned to that courtroom. That's the part of this position that I enjoy the most.

I just got wind of a Superior Court attorney who is leaving our office. . . I think it might mean a move for me. We'll see!

Go git'em

2009-03-03T10:55:00.003-05:00

The new lawyers that I'm supervising have all had trials already. They jumped right out of the starting blocks and fired up a few juries. One guy already had two DUI trials, and surprisingly, he won them both!! They're a motivated bunch of young attorneys. My new attorney who is a little more experienced is also getting in on the action. She's trying a family violence battery case to a jury today.

They make life as a supervisor pretty easy with their motivation and energy. No clients have called to complain, no family members have called to complain, and the judges have only called over once in the past month! I hope we keep up this blistering pace all year.....

Supervising

2009-02-17T09:59:00.002-05:00

I'm now a supervisor. I don't know if I should celebrate or not. For the past several weeks I've been training the new attorneys who are each in a trial courtroom for the first time. It's actually been pretty fun. I like the educational and training stuff a lot. It has been a bit stressfull trying to get them all ready for their own case loads, but I think they're all ready. Today is a first trial calendar for one of them. I'm so proud! I'm on call in case she freaks out, but I think she'll do fine.

My duties have shifted away from my own trials as well. I am now assigned to more than one diversion court, including one for DUI cases. I've never been able to sit in on a treatment court before, and so far so good. It is encouraging to see a judge in such a positive role with defendants.

If only my new job came with a raise!

Babies!!

2008-12-22T11:47:00.002-05:00

My wife and I just had a baby girl!! It's pretty amazing that she's finally here.

While I was out of the office on paternity leave I missed some court dates. I keep hearing congratulations from clients who had court dates. I've never had such considerate clients before. It's like they forget the reason we know each other for a second and their faces brighten. Or maybe, I forget why we're talking to each other?

I just talked to a client who had a girl, just like us, and only a week after mine. It was a pretty funny conversation actually. We congratulated each other, and had a little laugh. It was a nice change of pace from my normal client conversations.....

Sensational!!

2008-12-02T15:22:00.004-05:00

Here's CNN.com's current front page story:

"A call to the Secret Witness tip line helped police break CNN's first featured cold case: the slaying of college student Brianna Denison, investigators say. James Michael Biela, a 27-year-old construction worker with an alleged thong fetish was arrested last week. Biela is charged with murdering Denison by strangulation."

If the picture of the pretty white female on the front page didn't grab your attention, the fact that she was murdered and the words "thong fetish" should pull you into the story. So much for James Michael Biela's public image. Goodbye "presumed innocent," it was nice to know you ever so briefly. What can I say, but "what the fuck CNN? When did you go Nancy-Fox-News-Grace Crazy?"

I blame Nancy grace for a lot of what's wrong with the Media, and I am probably underestimating her. Can I coin a new phrase? I'll call it "The grace Effect." Any time a SENSATIONAL news story bubbles to the surface of the shit-pool that is crime reporting and gets more attention than it deserves, we'll blame The grace Effect.

Off the top of my head, stories that got graced: Maddie and Caylee are two recent ones. Sadly, I don't have to describe these beyond their first names. They're little white girls, so they get the extra attention. Just thought of another: Elizabeth Smart. Here's a video of Elizabeth reminding us that Nance's crazy is deep and probably shared with her crazy ass audience.

Yes, I know I didn't capitalize Nancy's last name. I'm just hoping that catches on too, and maybe it'll rub off and she'll actually get some grace, or class, or just manners.... yeah, I doubt it too.

Why 'Crime' vs. 'Law'

2008-12-01T11:39:00.004-05:00

I wrote this entry back in May of 2008. I left it in the editing stage without publishing it until now. Why? I have no idea. But I was looking at the CNN 'Law' page recently, and that prompted me to go ahead and release these words:

"Crime" sells. Is "Law" boring?

CNN used to have the "Law" section on the front page of their web site. It has been replaced by a link to their "Crime" page. There is still a page dedicated to "Law" but it is not necessarily the sensational coverage that is devoted to the "Crime" stories. "Crime" must sell more virtual papers. Who wants to read about 'lawsuits' when you can look at 'prosecutions?'

What's the difference? Why not cover the crimes under the "Law" section? I suppose people have always been obsessed with crime and criminals in a romantic sort of way. That all depends on media exposure etc. The movie "The Assassination of Jesse James" shows an interesting perspective on this phenomenon. Jesse James went from evil killer to murdered victim in the public eye. His killer was assassinated as well, and nobody mourned him. He had killed a celebrity.

Of course, white blonde women are the media wet dreams in the "Crime" section. It doesn't matter if they are the victim or the alleged criminal, if it's a white female, it's covered. If she's blonde, well that just means NATIONAL coverage. Look at the Barbie Bandits from here in Georgia. It was well reported that they were "Bank Robbers" who stole thousands from a bank. Their minimal sentences were well covered by national news outlets. Their black, male co-defendant's sentence hardly registered on the local news though. He was found to be much more culpable than the blondies, and he got 25 years to serve his involvement in their scheme.

I guess as a criminal defense lawyer, "Crime" is more interesting to me too.

Judge Sets Bond for Her Own Husband

2008-10-02T12:28:00.003-04:00

It has come to light that a Georgia judge in a current contested election had previously set a bond for her husband in a case where she was the alleged victim. This is against all rules of judicial ethics and certainly impeachable. The crazy part is that the judge is defending herself in the media. Typical political responses started up right away, such as, "you shouldn't be getting into my personal life."

http://www.crossroadsnews.com/articles/2008/10/01/news/01_hunterbond.txt

When I clicked on the story, the newspaper's website showed ads on the story page. In a very appropriate and well placed coincidence, the ad that showed up on that page was an ad for the very same unethical judge.

Appellate Decision

2008-09-16T08:53:00.003-04:00

My case was quoted today in a newsletter for the Georgia Association of Criminal Defense Lawyers! I wrote an appeal for a case that my predecessor won at trial, which the State appealed. It was my first appeal (I didn't really know what I was doing) and I got quoted for my favorable outcome. I didn't win the appeal, but I was successfull on one important aspect. I guess that's why we have to be happy with small victories.

It's so exciting to see your name in print!

Badboy

2008-08-22T15:56:00.001-04:00

I had a client today with a pretty large tattoo on the inside of his forearm. Not too unusual. This tattoo said, "Badboy" though, which is descriptive and informative.

Slow posts

2008-08-21T09:29:00.003-04:00

Posts here seem to slow down as my schedule gets less hectic. When I am busier at work, I look busier in the post department. That seems a little backwards to me, and I've only just realized this phenomenon. Everyone else seems to not post when they're busy, or when they're working more hours. Weird.

Needless to say, business has been slow lately. I'm going to be out of the office next week, which means I've handed my trial calendar over to a co-worker. She's in the division I came from, but she's got trial experience with felonies. I normally wouldn't want to dump trials on someone, but my judge is very irrationally anal-retentive about scheduling and would never move a calendar. Unless of course you are a fellow prosecutor, and then you get whatever you want. So, trial week stays the same, I will just be missing all the fun. I've still prepared my files, called defendants, tried to find witnesses, and all the fun prep work. But there's only so much to do when the only witness is your step son and the only testimony will be, "he punched me."

My co-worked pointed out that everytime I am on the eve of a trial calendar I say, "I'm a terrible lawyer and I need a new job." She says it's just the stress. I say I'm being practical. We'll just agree to disagree for now. This calendar is different of course, I'm not trying the cases. I doubt that there will be any trials anyway. Nothing has been going lately. Though that's probably because I've been preparing for trial. There's a strict law of the universe that goes along with misdemeanor cases. The more you prepare for trial, the less likely it is to go forward on the day of trial. So, the client who is most positively sure that his wife won't testify is the client who is most positively going to have to have a trial. The more sure you are that the state won't find that witness, the more likely they are to have that witness and two of his friends. That's just the way it works.

"I did hit her, but..."

2008-08-08T15:01:00.003-04:00

Today I had a client in tears telling me that he had been in and out of jail for several months based on "these females" and lies. He was pretty upset in the holding cell outside the courtroom, and didn't want to enter a plea that would give him 60 days to serve followed by probation. That's far too long to spend in jail for "these females." So we had a bond hearing to try to get his bond reduced to something he may be able to make. Before the hearing I told him not to talk about the facts of the case itself, and not to make any admissions because they will use those against him. During the bond hearing he insisted on talking to the judge, so I reminded him not to mention anything about what happened on the night he was arrested. He told the judge that he had a job and that he wanted to get out, and then he said, "I mean, I did hit her, but..." and then I cut him off. Good work. If you were trying to get your bond denied and trying to give the State evidence to use against, you... mission accomplished!

My Desk Has Emerged

2008-07-10T11:26:00.004-04:00

With Tuesday's trial calendar going away, I have suddenly found myself with fewer things to do than normal. This has helped my desk catch a breath of fresh air. The papers and files that had cluttered the top of my desk, now clutter either: a) the trash b) my file cabinet or c) someone else's now-more-cluttered-than my desk. It's nice to see that faux wood plastic/composite top to a lawyer's trusty work surface. I didn't realize how long it had been since we last saw each other.

Sadly, it will begin to get covered again soon. August is looking rather hectic with two trial calendars within three weeks of each other. Hopefully though, August will also include a trip up north for my parents to see my pregnant wife just before she has to stop flying!

Fixated on me

2008-07-09T13:28:00.003-04:00

There is a guy who hangs out in front of a convenience store near our office. He has some serious mental health issues, but generally he's a nice guy who always says hi and makes coherent small talk. He sometimes gets behind on his meds and ends up in jail and we stop seeing him on the streets for a little while. Then he gets out and he's back on the square downtown and we chat about his situation.

Yesterday morning I saw him there and he called me over. He kept thinking I was someone else and asking about what he needed to do on his case. He told me several times that he was heading over to the county's mental health services to get his medication. He also gave me his doctor's name and number and told me that he would be at his appointment, (which is today). He's usually pretty much homeless, or close to it, so I bought him a coffee from the nearby shop. He really wanted a pack of cigs, but I only had $2 in change in my pocket, but he seemed happy with a coffee.

A few hours later he called and said that he was on his way up to my office. He showed up here and started such a delusional rant we were all taken aback at the things he was saying. He kept asking me for money because he thinks that I'm his caseworker. He couldn't get it out of his head that I'm the person that is supposed to give him his SSI check or cash or whatever. His ranting was going on and on until finally my supervisor called me over and told me to just leave him in the lobby. He'd get tired of waiting and leave, which he eventually did. I talked to one of our clinical social workers about him. He has fixated on me for some reason. Who knows why? Maybe my name is similar to some counselor he had in the past? Maybe he really appreciated the coffee that I bought for him?

He called again today and told me that he is over at the mental health center waiting for his appointment for his shot. Hopefully he's telling the truth and will get medicated soon. He also said that he spent the night there last night after I wouldn't give him his money. That started another rant regarding gettnig money from me. He asked if he should come to my office after his appointment to get a couple of hundred dollars... He also asked several times if this was really me on the phone. He sounds really paranoid and delusional, it's so sad to hear him repeating all this crazy stuff. It's also really hard to try to correct him in his delusions. I can only say "no, I'm not your caseworker" so many times. I don't really know what to say after a while. He eventually hung up the phone.

I hope he's getting his shot right now!

Tuesday Trial Day

2008-07-08T10:53:00.004-04:00

Of my three DV cases called for trial today, zero of them went to trial today.

In one case, the persecutor in one of the cases asked for a continuance today, the day of trial. She says that her cop is out of town, or unavailable on vacation or something. The judge cheerfully granted her motion for continuance over my objection. This is pretty interesting in that it is entirely inconsistant with the judge's own "policy" for continuances. Her "policy" is not to allow a continuace if I ask for it, but to allow it if the state asks for it. It's a ridiculous double-standard that the she justifies to herself and tries to justfiy to us, but in the end it is still ridiculous. The judge is completely unwilling to follow the law when I present intelligent, accurate arguments which follow case law. In fact, she doesn't even wait for a response from the state when I make most of my arguments. For example the two continuances I requested: February: When I asked for a continuace on a case which I had been assigned to less than a week before trial, I got denied; April: When I asked for a continuace on a case which had been a bench trial just a few hours before we picked a jury, I got denied. In April, on my second request EVER, I get chastized for asking for too many continuances on trial calendars. SECOND in three months!! The state didn't even oppose a continuance in those cases...

Bar Complaints

2008-07-03T11:25:00.004-04:00

I received notice of a complaint today. It is not a Bar Complaint yet, but it is a written complaint and the director of my office will respond on my behalf.

I represented this guy at trial a few months ago, and I got a directed verdict on two of three counts in the accusation. He was convicted of the third count, but he was time-served, no more jail time.

During the state's case he talked to me so much, and said the same thing over, and over, and over, and over so many times, I missed a lot of testimony from the state's only witness. So, in that regard, maybe I let him down by not asking the judge for a ball gag.

His complaints range from non-communication to refusal to ask for a Directed Verdict. That makes me wonder: "How did I get a Directed Verdict if I refused to ask for one?" In his letter he says that I should be disbarred.

Three Trials, Three Cases, One Day

2008-06-30T10:37:00.004-04:00

Next Tuesday will be a good one. Three trials all scheduled for that day. Today I met with a client and his wife. The State's witness, the wife, keeps trying to tell the prosecutor that the cop is lying in his report. That she wasn't injured, that he made stuff up when he wrote the report. Of course, the prosecutor won't even meet with her. She won't agree to reduce the charges. Hopefully, she won't win at trial either. We're coming in with the 'victim' as a witness for the defense. This will be my first jury trial where I can say that.

Criminal Defense Blogs

2008-06-25T10:17:00.002-04:00

There's currently a compilation of some Public Defender blogs over at Gideon's webpage (also listed in the links of this blog). It is a pretty big list of blogs, and often there are snippets and samples from a lot of them. This blog is currently not listed there, but I hope to make the cut soon!!

Along a similar line, Jaime, a criminal defense lawyer from Austin, is putting together a list of criminal law related blogs. You can find it here.

I've submitted this blog, maybe it will get noticed? Jaime's idea may turn into a good place to check for criminal law blog updates from around the country, sort of like Gideon's tracking of the Public Defender blog world.

Revoke for the Balance

2008-06-20T16:47:00.002-04:00

"Revoke for the balance"

Words that do not go well together?

Words that you don't like to hear?

Words that give you a sinking feeling?

The real answer: Words I heard today.

My Motion to Recuse the Judge was denied. I stood alone with my client. He had a defeated look on his face. She revoked the balance of his probation.

Public Defense: The New Gay Marriage

2008-06-18T09:18:00.009-04:00

The public defense world in Georgia is cracking, crumbling and falling apart. Some may say it's already fallen. It started with the legislature cutting our budget in half mid-year. It continued with bad decisions at the state-wide management level. The office that handles conflict cases for Metro Atlanta (Fulton and Dekalb counties) was shut down with two weeks notice for the employees. Their 1,800 client will be unceremoniously dumped by management onto the plates of various PDs in the area. PDs that already represent the co-defendants in most of those cases. There is a lawsuit to keep it open, filed by members of the criminal defense community who care about the constitution.

There are op-ed pieces by state reps who say that spending less than $1000 to defend a person charged with a felony is A-OK with them. If you are poor and charged with a crime in America, you'd better hope you are anywhere other than Georgia. The op-ed pieces remind me of the Gay Marriage issue from the last election. It's uncanny really. I don't know which is worse: The politicians with dirty motives or the easily swayed, ignorant public who can't recognize bullshit rhetoric that's being flung into their eyes.

How is public defense "the new gay marriage?"

States in the US are still separate entities, no matter how strong the federal government becomes. States are still able to recognize their own laws and policies and determine which laws and policies from other states they will recognize as well. For example: A concealed weapon permit is valid in the state that issued the permit, and some other states will recognize your right to carry a weapon with that other state's permit. BUT, some states do not recognize that right, and if you're carrying you can get arrested despite your permit. If another state's law is against the public policy of your state, your state is not required to recognize that state's law. So, if your state does not recognize same-sex marriage, there's no requirement that you recognize a same-sex marriage from another state. A same-sex couple can't get married in New York and come to Georgia and expect the same rights. They can't get medical benefits, they don't have automatic inheritance rights, they can't come here and get divorces either.

Despite this established policy, in the last election same-sex marriage was a big issue in Georgia. Lots of politicians "came out" (ha ha, I'm clever) in support of a constitutional amendment against same-sex unions. Was there a chance that Georgia would soon change it's laws? Was Georgia the next in line after Vermont and Massachusetts to make it into the 21st fucking century? No. Not even close. There was no way this should have been an issue. Despite the complete uselessness of a constitutional amendment, state reps jumped at the opportunity to get support on this highly emotional issue. They had found a way to motivate conservatives to get out and vote.

Today, Brian Nichols has a public defender, or three. He is accused of killing a judge, a deputy, a Federal Agent in 2005. The State is trying to execute him. His defense bill has been called into question and has been reported at, ballpark: $1.5 million. They have several prosecutors working on this case full time. Several of the prosecutors make, ballpark: $150,000 in salary. There are also State investigators, paralegals, etc. The state plans to call almost 500 witnesses. There is a lot of news coverage here about the case and mostly about his defense bills. The local coverage has lasted long after the national media stopped covering highlights (never the local budget battles). At first there was a lot of national news. Brian Nichols was all over CNN and the like, the manhunt was especially good for generating ad revenue. His girlfriend and meth partner was on Oprah making money selling her story. Everyone here knows Brian Nichols. Everyone knows his lawyers have been paid by the state, although nobody talks about the cost of the prosecution, only the defense.

For a lot of people it is a "hot topic" and an emotional issue to see Brian Nichols being represented by public defenders. Some people are mad that their tax dollars are being spent to give him a defense. Now is the perfect time to make public defense the target of popular hatred. State reps have seized this idea and succeeded in making headlines by cutting the state-wide budget in half. This got them in the news. This got the debate started. This will get people out to vote.

I think the State has done its best to stop citizens from receiving effective representation and to stop them from having constitutional rights. We'll see something on the ballot that will give people the idea that they're helping to fight "the war on crime." It may be as simple as a budget allocation issue, or something as big as the disolution of the state-wide public defender system. If that happens, it won't just be people accused of crimes that each face a life crisis, it'll be a whole lot of their lawyers too.

Our Clients

2008-05-23T09:22:00.005-04:00

Our clients often had mental health issues to deal with. Some of them are more severe, some are mild. Some are obvious, and others can hide their various issues well. This past month, a video appeared on youtube showing a young woman on a MARTA train. Supposedly she is now our client and locked up in jail (although in my opinion, our client looks nothing like the girl in the video). I have no idea how the police think they have the right person since she was not arrested at the scene.

Even if this isn't our client, it is a good example of what the court system deals with on a daily basis. If this young woman has mental health problems, she might get some treatment for whatever disorder she may have. If it is not "serious" enough of a disorder, she'll have to proceed through a confusing and frustrating court system designed to go as fast as possible so the judges and prosecutors can get to golf on time.

The one exception would be if she had been assigned to my courtroom. My judge is actually very fair and understands that there are various degrees of crazy and there are people that could use some help. For that, I've come to appreciate my judge more and more, especially when I hear about the other judges in the courthouse.

More Appointments to Miss

2008-05-07T09:42:00.002-04:00

It's amazing how many people fail to show up for meetings with their lawyers. I am more stressed about their cases than they are. I have three appointments scheduled for todday and one tomorrow. Two of these were previously missed appointments that I rescheduled.

Some people do show up for trial never having met me, and then expect to have a trial. Scary thought. If you were charged with a crime and faced jail time, wouldn't you move in with your lawyer and look over his/her shoulder to make sure he/she was doing everything possible to win your case? I do have one client who keeps in touch quite a bit. He lives across the street from my office, so he pops in every once and a while to chat about his case. I can tell he actually cares, and is stressed about his charge. Maybe he's more innocent than the others? Or more guilty? Who knows, I'm not the jury.

Broken Appointments

2008-05-05T13:54:00.002-04:00

I had two office appointments scheduled for today, neither of which showed up. Although, it's early... only 1:55. My 1:00 may materialize.

I was at the doctor's office this morning... I may not need surgery on my knee! It's in a soft brace now, MRI to follow later this week.

Injury keeping me out?

2008-05-02T01:17:00.002-04:00

I have court in 7 hours and I am suffering from a soccer related injury. I think I tore my ACL or MCL in my knee. It's bending the wrong way, which is never a good sign.

Tomorrow is jail pleas, but luckily it is a short calendar and then I'm off to the doctor... wish me luck!

There is no state of Georgia

2008-04-16T13:29:00.003-04:00

It was Tuesday, so we had arraignments on the calendar. One defendant brought a friend with him from a "fringe" religious group. The friend was dressed in a small black turban, gold crown, black leather arm bracers (covering his forearms), a big dark green robe, and a thick black leather belt. I later overheard him say, "I dress as the apostles dressed." He looked like a cross between a zealous Dungeons & Dragons player/character and the paranoid schizophrenic guy that talks to everyone on the corner downtown.... maybe he was both?

So, he got a talking to several times in the courtroom when he tried to come up to the attorney desks. People from the Solicitor's office tried to tell him that only attorneys were allowed up there. His response was "I am an attorney." To which they asked, "are you licensed by the state of Georgia to practice law?" Of course not silly, he doesn't believe in the state of Georgia, nor its laws, nor its jurisdiction, there is only God's jurisdiction. He kept interrupting the Solicitors while they were trying to talk to the guy that brought him as his 'brother in Christ."

The guy who was actually charged in this court had a DUI and brought this character as a 'counselor' or advisor or something. The guy who actually had the case was not as hard-core as the apostle character. He did have a long black trench coat on, which was a little odd... but no crown. Other than that, he seemed rather ordinary looking. He was a young, 20 something African-American guy with short hair and a silver hoop earring. The 'counselor' and the DUI defendant tried pretty hard to tell the solicitor that there was no laws except God's law and that the state of Georgia has no jurisdiction over them. The apostle character was amazingly persistent, especially for someone that's not themselves charged in the case. There was mention of some time in 1983 when a messiah type person came and liberated everyone from this world or something, but I wasn't paying close enough attention to their conversation. I wish I had been listening up for that part.

When the defendant went in front of the judge there were all of a sudden a lot of large deputies in the courtroom. It was interesting to see them materialize out of nowhere. When the counselor/apostle dude came up to join his buddy at the podium the judge asked who he was and he provided the ID of "Brother in Christ" to the defendant. Well, OK, defendants can only come to the podium with their attorneys, are you licensed to practice law by the state of Georgia? "There is no state of Georgia or laws of Georgia, there is only God's law." OK, you can go ahead and stand with your buddy there. Now, defendant dude, you are charged with DUI, are you going to hire a lawyer? "Honestly judge, I am just feeling oblivion to these charges." Really? You don't look oblivion. "I mean oblivious, or whatever, I don't know what to make of this case." At this point the apostle/brother jumped back into the conversation, saying, "there is only God's jurisdiction, and there is no jurisdiction over us here." The judge corrected him saying, "you're in my jurisdiction now, and you can leave the courtroom." I was sad to see the apostle go. I just knew there was so much more crazy stuff he was going to say. I wanted him to have a chance to educate us on the rest of the issues that he had with the state of Georgia (or lack thereof).

I'm really looking forward to our next court date together. I want to see if they submit to Georgia's jurisdiction and hire a lawyer, or if they argue that the court does not have power over them. That raises a whole lot of questions for his defense. If Georgia has no jurisdiction, and there is only God's law, does God allow DUI? Maybe God's legislature hasn't passed any DUI laws? Maybe alcohol does not affect people who are not "in Georgia" although they appear to be "in Georgia" to the rest of us. Very interesting jurisdictional issues for the judge to figure out.

Filing Instructions

2008-04-10T09:31:00.004-04:00

I looked at an insert in a legal publication that I received at the end of 2007. The book is a 2008 edition of a criminal trial practice manual. Lots of times legal books are updated with pocket parts which you insert in the back of the book, or supplements which you keep close at hand when referencing the book. This was a complete replacement, and the insert has filing instructions which are a bit too complicated for me to follow:

"Enclosed is the 2007-2008 Edition... This volume is up to date and replaced all previous editions of this book.

FILING INSTRUCTIONS:
1) DISCARD or RECYCLE the 2007 Edition
2) PLACE the new 2007-2008 Edition on your desk or shelf."

Given that it will only be lawyers who look into books like this, did they really think someone with that much education needs to be told how to place the book on their desk? Maybe it's not despite our education, it's because of it? Sometimes, more eduction = less sense.

"I have nuclear powers"

2008-04-05T13:22:00.004-04:00

A defendant came into court for Jail Pleas on Friday. He was clearly crazy in a "holy crap that's some crazy shit he's saying, no, for real, crazy like he actually believes the voices in his head." Not in a, "wow that lawyer asked for a formal arraignment he's crazy" kind of way.

I didn't talk to this guy, but I saw him at the podium talking to the judge and taking a plea. When she asked him how old he was, he answered by asking her to follow the recommendation of the prosecutor. Not so crazy yet. Then when the judge finished getting him through the plea, the real fireworks started. He had several exchanges with the judge and all of them were pleasant enough, there was no yelling, ranting, raving, etc.

He asked if she could do anything about the software in his head. (she said no). He then told her about how nervous he felt in the courtroom because there were a lot of people in there and he felt like they could explode any minute. (She told him he was safe) Then he told her that he had power. Real power. Nuclear power. In fact, he warned everyone that he might go off at any time and they should be careful because he didn't know what might happen. Again, the judge told him that everything would be fine.

Then one of the deputies told him that he was going to have to get back on the spaceship, to which he replied, "OK, let's get going."

Harassing Phone Calls

2008-04-03T19:08:00.003-04:00

I had a trial yesterday for Harassing Phone Calls... yes, a jury trial.

I got a directed verdict on Simple Assault and the second count of harassing phone calls. The jury convicted of one count and he was time served.

I love that we're spending tax dollars on harassing phone call jury trials.

Pick your battles I guess, let the violent crimes go, but balls to the walls for phone the phone call cases.

The prosecutor also got into some questionably unprofessional tactics as well, but that's for a day with more time to post.

Formal Arraignment

2008-03-31T15:58:00.004-04:00

A couple of weeks ago we had an arraignment calendar in State Court. This is the date that everyone got when they were released from jail, they are required to show up and be "arraigned," which is an old-fashioned sort of idea. Why old fashioned? It used to mean that the prosecutor would read all the charges aloud and ask what plea the defendant would enter (not-guilty). The defendant would answer and then get another court date scheduled. Nobody does formal arraignments anymore, they just get a new court date and waive formal arraignment. But, it is the first opportunity to negotiate a plea, talk about the case, etc.

On arraignment dates all the defendants are required to be present or face an arrest warrant, and they are supposed to bring their lawyers along too. They have the opportunity to see what charges they are facing, learn if there is a plea offer, and even apply for a public defender. Some defendants who have lawyers with scheduling conflicts on arraignment dates waive arraignment and just get a new court date. This happened last time we had court, but one lawyer was told that he had to show up anyway for his client to sign notice of the next court date. So his theory was, "if I have to waste my time and my clients time, I'm going to waste the court's time." So, he requested a formal arraignment. It really took the judge by surprise, in fact I think she didn't know what a formal arraignment was. Nonetheless, the prosecutor went through the laundry list of charges relating to this simple DUI, and the client responded with, "not-guilty" to every charge. When that was over, the judge looked at the lawyer (now realizing that he was merely being a dick) and said, "are you satisfied now?" If she had known what was going on, I suspect she would have handled his case last, and made him sit through the entire day's calendar. That was actually the prosecutor's suggestion after the formal arraignment. He was pretty snooty about this lawyer coming in and wasting his time, and thought he was being personally insulted or attacked by this frivolous request.

I thought it was pretty funny. All the egos that are at play in the courtroom were on display. Everyone took all of it so personally. None of them caring how their actions effected everyone else, or how anyone else was inconvenienced. I'm there all day, every day anyway, so I just sat back and chuckled that any of the players thought that they had made any type of point.

Latest trial calendar

2008-03-28T15:40:00.003-04:00

Well, preparing for trials that I thought wouldn't go forward just got more exciting. Looks like there's one on the front burner now. Although, hopefully he'll come to his senses and take the probation instead of risking the jail time on bad facts.

On the other hand, I do have that bench trial next week that is sure to go. That'll be extra fun! I am feeling confident about our chances on that one.

State Court

2008-03-27T13:52:00.002-04:00

Life is relatively uneventful in state court. I have a trial week next week, but I only have 4 trials listed, and only one will go forward. That one is a harassing phone call case where defendant has been in jail for over a year on this case and another felony chage.

The brief moments of excitement and stress are tempered by these long stretches of the mundane.... Preparing for trials that won't go forward is definitely boring boring boring. I geuss it's better than having 40 cases on the trial calendar.

That trial

2008-02-29T17:14:00.003-05:00

We had a sentencing hearing today from my trial earlier this week. He got 36 months with 12 to serve, credit for the 63 days he's already been in jail. If he finishes a drug program before his time elapses, he can get released if he's been good.

The trial itself was a great learning experience. It was the first time I have taken a case "all the way" on my own. I've been a right-hand attorney, but never 'the man' on a case. I picked the jury, opened, closed, and everything in between. I got a directed verdict on two counts of family violence battery and I got the jury to acquit on two more counts. Unfortunately, they found him guilty of the six remaining counts. The good news was that he was no longer facing 10 counts, or 120 months in jail, and only 6 counts, or 60 months. Some counts merged, so he ended up with a 36 month sentence. Overall, not a bad experience. He was happy with my representation, so I feel like I served him well.

I am a Trial Attorney

2008-02-25T21:51:00.003-05:00

I just finished my first trial.

My client started the day facing two accusations and ten charges. After directed verdict I got them down to eight charges. After deliberating for an hour and 15 minutes they returned a verdict..... acquittal on two charges and convictions on the remaining six.

I'm counting it as a win, but it still stings. I'll have to recap more later. I just got home and need a nap.

I'm not really new here.... but I kinda am

2008-02-23T11:29:00.002-05:00

I've been mixing work with pleasure for the past few years. Being a public defender, I decided to cut out the pleasure and continue with the work.

Here's my PD Blog with details of my life left out. This will be my work life, my work social life, my trials, my .... me, as a PD.

I came from the Big City to the just-as-big-but-less-city neighboring county. I had to start over somewhat, but I am now in a trial courtroom on my own. I've got a state court courtroom to cover, which means (in decreasing severity): DUI cases, Domestic violence, minor possesion, traffic, trespass etc.

I work with another PD blogger: http://indigentdefense.blogspot.com/ there's his link on the right. He's in felonies, I've got Misdemeanors covered.

Post me a comment, I'd like to know if anyone notices me.

My First Trial

2008-02-23T11:23:00.003-05:00

I thought I was going to have my first solo trial last week. I was prepared... perhaps over prepped. I had a client charged with sexual battery by a scorned woman. It would have been a bad case if you had believed her, but she was a little crazy (or a lot) and we had some good impeachment evidence. I was at work all weekend, and Monday was a holiday, so that was a full day at the office by myself.

Tuesday morning rolled around and I was sitting at the defense table with all my stuff spread out (I was first to the courtroom to settle into my war room cockpit). The prosecutor rolled in and said, "You ready to throw in the towel yet?" I responded in kind, and we had a good fake laugh together. He circled his table for a total of four or five seconds and said, "How about 24 hours on Disorderly Conduct?" I guess all my prep work paid off or something. Maybe I looked pretty confident and he didn't want to put up his witness. Maybe he got as newvious as I felt, but cracked first. I didn't know at the time. He told the judge that he didn't think the witness would hold up under cross exam and she said, "You mean the scathing cross that 'PD-Jay' was going to effect on her?" I'll take that little joke of a compliment thank you.

So, this coming Monday I have yet another sexual battery to try! This time the victim is missing though, so I doubt that it will go anywhere.