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.
Monday, June 08, 2009
Friday, May 15, 2009
I have no record!
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.
Friday, April 24, 2009
My answer to "the question"
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.
"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" :)
Monday, April 20, 2009
Pro Motion III
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!
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!
Friday, April 17, 2009
Fury Trial
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.
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.
Tuesday, April 07, 2009
Arrange it
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!
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!
Tuesday, March 03, 2009
Go git'em
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.....
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.....
Tuesday, February 17, 2009
Supervising
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!
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!
Monday, December 22, 2008
Babies!!
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.....
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.....
Tuesday, December 02, 2008
Sensational!!
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.
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