Taking The Law Seriously
The Maricopa County Attorney’s Office has so many policies I can hardly keep them straight. I suspect that few deputy county attorneys even know all of them, as I hear there’s a manual they consult when in doubt. If a defendant files a motion to remand for a new determination of probable case, the policy is apparently to not offer a plea. For certain types of charges, no matter how unique the facts of the case, the offer apparently must involve a prison sentence. Aggravated DUI cases involve a plea to a complicated duo of charges that, quite frankly, makes no sense at all, and repeat offenders get similarly bizarre offers based on a complex and largely arbitrary set of considerations. Most notable, for the purpose of … Read entire article »
Filed under: Government Rants, Legislation, Police, Prosecutors
What’s The Problem?
I read Life at the Harris County Criminal Justice Center pretty regularly. As Paul Kennedy at The Defense Rests pointed out earlier this year, however, it is sometimes tough to figure out if its author, Murray Newman, remembers that he is a defense lawyer and not a prosecutor. Murray’s newest crusade seems to be some issue with Harris County Texas’s chief prosecutor, the soon-to-be-replaced Pat Lykos, and a defense lawyer named Dick DeGuerin. I’ve heard of the defense lawyer before, mostly through his representation of high profile clients, and I saw that he has his own Wikipedia page. Must be a big deal, right? Regardless, it seems Murray is mad about Lykos looking into what DeGuerin believes was the wrongful conviction of one of his clients. … Read entire article »
Filed under: Government Rants, Prosecutors
A People In Whom The Desire To Punish Is Strong
There are great posts today over at both Simple Justice and A Public Defender about the press’s generally abominable coverage of criminal justice issues and the public’s highly skewed view of the system. It seems people just can’t let go of the idea that criminals everywhere are running rampant despite our increasing willingness to dole out ever-harsher punishments and live with an ever-growing prison population. I’m reminded of a case that’s been all over the news here in Arizona. A few years ago, stories about the supposed “honor killing” of a young woman by her father in the suburb of Peoria were everywhere. The daughter of Iraqi immigrants, her father had apparently became enraged by her lifestyle, which by all accounts seemed to be typical of American girls … Read entire article »
Filed under: Government Rants
Getting Internet “Clients”
I’m a big deal. I have a blog. The ABA even gave me a little badgy thingy despite the fact I placed last. Regardless, I’m a badass. Check out what my enduring internet fame has given me: Is my plea going to get better? Do prosecutors quit giving offers after it’s set for trial? And this: Can I possess a firearm? Or have a look at this one: The police are at my door. I’m in New Jersey. What do I do? Need free advice ASAP. No money, LOL. I’m making these up, of course, but the real ones are worse. Trust me. Sadly, these types of messages are the fruits of my labors. I’m no Eric Mayer of Unwashed Advocate fame (have a listen here), … Read entire article »
Filed under: Marketing, Practice in General
Understanding People
TED is a wealth of inspiration. I recently watched a talk by Andrew Stanton, who wrote Toy Story. Discussing the story’s hero, Woody, he explained the character’s selfishness in the context of his various other, more positive attributes. He noted something to the effect that we are all willing to act certain ways as long as certain conditions are met. It’s true. Experience has taught me that people are rarely just bad. People are filled with desires; they want certain conditions to be met. Some want the sun and moon but thrive in modern society on far less. Others want something very simple and violate society’s norms in all kinds of horrible ways fulfilling their desires. In many instances, the issue isn’t any … Read entire article »
Filed under: Government Rants, Practice in General
Homebrew and Hypocrites
Obama is supposedly a big fan of beer. A while back, I read about how he apparently started brewing beer at the White House. Of course, it turned out his staff actually brewed the beer, not him, but it seemed the endeavor was at least partially his doing. I had to give him some credit for that. Today, I saw a link to this page on the White House’s website, so I clicked through. It’s a pun-ridden little blurb from Sam Kass, an assistant chef at the White House, followed by recipes for the White House beers. I’m neither an extract brewer nor a fan of honey beers, so the recipes weren’t all that interesting to me, but the blurb itself caught my attention. Specifically, … Read entire article »
Filed under: Government Rants
Formalities, Theirs and Ours
The law is filled with all kinds of silly formalities. They place the prosecutor’s table on the side closer to the jury box. You’re not supposed to touch the judge’s podium. Some courts require that the lawyers wear a suit or sports coat. A jury is supposed to be sworn. That last one probably seems really important to you, but it isn’t. From a post earlier today from Scott Greenfield at Simple Justice, I learned about a Tenth Circuit opinion yesterday affirming a conviction in a case where the jury reached its verdict despite having never been sworn. Oops! In the case, the defense attorney knew the judge forgot to swear them in, but he waited until after the verdict to bring it up. The … Read entire article »
Filed under: DUI, Government Rants
An Unemployed Lawyer Is Still a Lawyer
The legal market is not good. You probably knew that already. There are unemployed lawyers everywhere and probably even more soon-to-be-unemployed-lawyers sitting in law school classrooms around the country. You probably knew that too. It seems like everyone knows it’s a rough economy for legal services, but people are entering the profession in droves. Is it that they all assume they’re the best? That they’re the ones who are going to be first in their class and skyrocket to lawyerly fame and fortune? I don’t have an awful lot of sympathy for law grads struggling to find work. It wasn’t too long ago that I had nothing but a bar number, an awareness that I had no clue what the hell I was doing, … Read entire article »
Filed under: Practice in General, Solo Practice
Great Expectations
Part of my fee agreement explains how my fee in each case is based in part on a variety of considerations, one of which is the expectations of the client. Many of the other listed factors, like the urgency of the matter and the necessity of declining other work, once seemed far more important to me. Over time, they have come to pale in comparison with client expectations. For the client who wants to walk, beating the main charge but being convicted of a lesser is a massive disappointment. It doesn’t matter if they’re avoiding a murder conviction in favor of a lesser charge or just beating the part of the DUI charge that would have made it a felony. Any conviction is a failure. It’s the same … Read entire article »
Filed under: Clients
What’s Wrong With Us?
I spent the weekend volunteering at a biker rally. While I was at the registration area one evening, a call came in about a woman falling in a culvert. I tagged along to assist a friend who used to work in an emergency room. As we approached, we saw the woman laying on her back with a crowd surrounding her. She was asking for her husband and had obviously injured her leg. The people helping her thought it was broken. It was swollen, and she was unable to walk. When her husband arrived, she demanded he carry her back to their tent. She begged everyone not to call an ambulance because she couldn’t afford it. They honored her wishes. I couldn’t help but marvel … Read entire article »
Filed under: Uncategorized
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