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.

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.

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.

That trial

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

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

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

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.