Brown & Little, P.L.C. » Blog

Quit Making Me Write About You, Avvo

I’ve written far too much about Avvo already, but they went and did it again. After claiming my profile to “earn” a super awesome perfect 10 (Look at me! I’m special!), the emails started pouring in. I immediately became desensitized to the spam about webinars and musings from all kinds of brilliant “lawyers” who are far too smart to do dirty work like practicing law, but something else finally caught my attention. A recent email had the grabbing subject line of “New Case Notification: A traffic ticket case has just been posted.” I hadn’t asked to receive anything of the sort, and as I read the email, I wished I hadn’t. It wasn’t really a traffic ticket at all, but someone charged with a criminal offense. … Read entire article »

Filed under: Marketing

Cracking Down On College

A recent article explained, “Tempe kicks off ‘Safe and Sober’ campaign but without ASU.” The emphasis is mine, but it doesn’t really need it. What were you thinking, ASU? Do you have a problem with safety? Sobriety? The gist of the article is that people visiting Tempe last weekend were going to see a massive police presence as officers from nine agencies teamed up for the “Safe and Sober” campaign, something that as near as I can tell is intended to violate the constitutional rights of hundreds of innocent people in a valiant effort to make college suck. Shamefully, ASU police did not participate. Tsk, tsk. Another article lays out the stats: Total stops: 1,812 Total citations: 919 Total arrests: 486 Arrests for minors in possession of alcohol: 208 Total DUI … Read entire article »

Filed under: DUI

The Life Of A Private Public Defender

Jamison Koehler put up a post this week about prosecutors and professionalism. Here’s the paragraph that resonated with me the most: I am always annoyed by prosecutors who stroll into the courtroom moments before the judge takes the bench. This results in a rush of defense attorneys toward counsel table seeking to speak with the prosecutors before our cases are called. It makes our job that much more difficult. And then the judge chastises us for not having worked out more of these issues in advance. His post was more about prosecutors being discourteous, but I am more interested in the effect on defense lawyers and some major problems with the system in general. There was a time in my career when I took appointed cases and carried a … Read entire article »

Filed under: Courts, Government Rants, Judges, Practice in General, Prosecutors, public defenders

Scottsdale’s DUI Problems

Over a year ago, I complained about courts making the defense prove that the state’s deeply flawed scientific evidence, which you can show for a fact was not just flawed but verifiably false in similar situations, was in fact flawed in your client’s case before you are allowed to tell the jury about issues that came up in other situations. The problem is finally coming to the surface. Imagine a situation where a particular gas chromatograph mixes up names and reference numbers of vials of blood being tested for blood alcohol content in DUI cases. It also stops running completely during tests and deletes baseline information. The state’s “expert” acknowledges those and numerous other problems, and he admits he has no idea why the problems happened. On … Read entire article »

Filed under: DUI

They Just Want Your Money

On Monday, I got to hear an elderly gentleman get sentenced for a first-time super extreme DUI (one where his blood alcohol concentration was over 0.20%) as I waited for the court to call my client’s case. He was so nervous he was shaking, and at one point, he begged the judge to not send him to jail. She told him something about how she would have to send her own brother for jail for that charge because the legislature set a mandatory minimum sentence. She also added a little comment about seeing people with a third of his BAC being involved in fatal collisions. How that could be the case seeing how she’s a misdemeanor court judge and doesn’t seem the type to go to … Read entire article »

Filed under: Courts, Government Rants

Except For That, Of Course

The silliest part of any guilty plea is the part when the court asks if anyone has threatened or coerced the defendant into pleading guilty. People are inclined to say no when it’s obviously the answer the judge wants to hear no matter what the circumstances happen to be. The desire to please is intense enough when the person asking the incriminating question has a badge and gun, but it’s even more powerful when the person asking sits high above the fray wearing a robe and keeps getting called “your honor” by everyone in the room. Several of my clients have given an admirable hell yes and briefly tried to elaborate before being cut off by others suddenly made aware of the absurdity of the question. I respect the clients … Read entire article »

Filed under: Clients, Courts

A Pony Post for Ken

When internet marketing folks try to pimp their guest-blogging services to Ken at Popehat, he asks them for pony-related articles. Here’s a recent response to a request for a guest post: Hi David, My name is Ken and I was checking out your email. I have seen that you have written guest posts for various blogs. David, I am excited to Know that you are open to my questions/ideas about possible guest posts about law and legal topics. Here’s a topic that interests us at Popehat: how does the law classify ponies vis a vis horses? David, until recently we were under the impression that ponies were simply teenaged horses. That would explain their impetuous and dangerous behavior. Everyone knows that teenagers act badly. Time Magazine has been warning us about teenaged super-predators for … Read entire article »

Filed under: Uncategorized

Picking the Wrong Lawyer

Yesterday wasn’t such a great day for me. After losing a bench trial I doubt I would’ve lost had it been in front of a jury, the judge informed my client the she had a bench warrant for failing to appear in another pending case in the same jurisdiction. There was a police officer waiting in the gallery to take her into custody. My client had hired one of those firms with billboards and posters everywhere to handle her first case. Dissatisfied with the representation, she hired me to handle the second. She complained about how hard it was to reach her other lawyer and how she felt he kept her in the dark about everything. My experience trying to stay in the loop with the … Read entire article »

Filed under: Clients, Courts, Ethics, Judges

Jerk or Chump?

I trust very few people to do their jobs competently; it’s the product of a wealth of experience watching people suck at the simplest of things. Indeed, it is often the simplest things that people mess up the most, and of all those things, few are simpler than doing what you say you’re going to do. If you don’t want to do it, don’t say you’ll do it. If you say you’ll do it, then go ahead and do it. It’s so easy, but it’s practically impossible for many. A few months ago, I was dealing with a prosecutor for the first time, and she said she would run something by her boss and get back to me. As time passed, I figured she had either … Read entire article »

Filed under: Clients, Practice in General, Prosecutors

It’s Not Just About Them

I’m no expert at dog training. If you come to my house, the pony-sized dog will mercilessly lean on you while drooling. If she’s had any water recently, you will probably wish you were wearing a wet suit. If you don’t have one, consider bringing a change of clothes. All we have to show for our multiple failed attempts to train her are lots of hurt feelings. All hers. Any mild correction results in her pouting off to bed for about a day and looking like you’ve beaten her. Any failure to positively reinforce, even when she hasn’t done anything remotely resembling what you wanted her to do, results in her pouting off to bed and looking like you’ve beaten her until you feed her … Read entire article »

Filed under: Courts, Government Rants

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