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.
Wednesday, May 07, 2008
Monday, May 05, 2008
Broken Appointments
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.
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.
Friday, May 02, 2008
Injury keeping me out?
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!
Tomorrow is jail pleas, but luckily it is a short calendar and then I'm off to the doctor... wish me luck!
Wednesday, April 16, 2008
There is no state of Georgia
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.
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.
Thursday, April 10, 2008
Filing Instructions
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.
"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.
Saturday, April 05, 2008
"I have nuclear powers"
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."
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."
Thursday, April 03, 2008
Harassing Phone Calls
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.
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.
Monday, March 31, 2008
Formal Arraignment
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.
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.
Friday, March 28, 2008
Latest trial calendar
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.
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.
Thursday, March 27, 2008
State Court
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.
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.
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