Brown & Little, P.L.C. » Courts
A Victim In The Way
From afar, I’ve been watching a colleague represent the minor victim in an assault case. The “victim” was actually the aggressor, so it behooved him to hire counsel. He and his lawyer have had quite the ride as the case has progressed. I’m sure the prosecutor told the defense attorney that the victim would not consent to an interview because almost every prosecutor does that in almost every case. They almost never ask, however, and this time I knew for a fact that was what happened. The prosecutor never once bothered to consult with the victim about anything. At most, the prosecutor just read what the cops said the victim said, probably not even listening to the actual recorded interview, then acted like an expert on … Read entire article »
Filed under: Courts, Government Rants, Prosecutors, Victim's Rights
For Your Protection
I spent some of my afternoon yesterday in traffic court. The criminal counts in a client’s case had been dismissed by the prosecutor, but the civil count remained. The court set it for a civil traffic hearing regarding my client’s alleged violation of A.R.S. 28-964(A). He was charged with riding a motorcycle in Mesa in September while wearing a helmet with the visor up. I’m not so sure that’s illegal. I pulled up to Mesa’s nice new courthouse and parked in their nice new parking garage. When I walked up and opened the heavy metal and glass door, it felt expensive. Inside, I took off my belt and put it in a tray along with everything in my pockets. A few chubby security guards … Read entire article »
Filed under: Arizona Statutes, Bikers' Rights, Courts, Police
Real Change
For the first time in a little while, I left court this morning feeling like everything turned out okay. The whole experience was quite surprising, honestly. A lot of things could have gone wrong, but they didn’t. In most cases, even a positive result has some major downside. Not today. My client had absconded from probation long ago. He left the state and started a new life. There was nothing for him in Arizona but bad memories and worse influences. The new life he created for himself, on the other hand, was filled with stability, good people, and direction. He had been sober for a long time. He had a job and a support network. He finally knew what he wanted … Read entire article »
Filed under: Courts, Prosecutors
The Stacked Deck
The system isn’t fair. It’s something those of us who pay attention all know, but sometimes it’s more apparent than others. I’m working on a case where the state appealed a lower court judge’s ruling granting a motion to suppress. It’s an uncommon situation due in large part to the fact judges don’t grant motions to suppress all that often. They stretch to find whatever facts best support a denial, knowing that the reviewing court must defer to them. They scour the books for cases that support the state’s position, no matter how old. I’ve seen more rulings for the state finding facts that weren’t really presented or citing ancient cases despite the existence of recent controlling case law than I ever would’ve believed as a … Read entire article »
Filed under: Courts
Demanding Lies
Starting out, I had a long talk with a public defender who’d been fighting the good fight for decades. Here’s a quote I won’t forget: Nobody is too innocent for a misdemeanor. I heard this one from someone else I still respect: Nobody is too innocent for unsupervised probation. Neither person would ever shy away from a fight or do anything to force a client into something they didn’t want to do, so it wasn’t advice from plea salesmen who built their reputations on fancy billboards. Taking them as nuggets of wisdom forged from experience, they’re important lessons about human nature and the nature of the beast we call the criminal “justice” system. Most defense attorneys don’t trust the system. Our clients often don’t trust it too, but it’s usually just the … Read entire article »
Filed under: Courts, Government Rants, Prosecutors
Abusing Science
The government loves science. It should be quite obvious why, as science can very easily be twisted to serve the state’s nefarious purposes while maintaining the illusion of being undeniable and absolute. Science is the smoking gun in many cases, regardless of whether it really is or not. DUI cases in particular are often built on nothing more than government pseudo-science, something without which the state would only be able to prove in many instances that defendants were bad drivers who did a poor job performing parlor tricks for a cop. The results of a supposedly scientific test can instantaneously change a minor civil traffic ticket into a DUI conviction along with all of the accompanying social stigma and various draconian punishments. Most lawyers and judges are … Read entire article »
Filed under: Courts, DUI, Government Rants
Justice v. Efficiency
The criminal justice system is broken. Many judges are little more than prosecutors in robes. The courts fuss and fume when you need an extra week or two to make a decision. They push you into whatever plea comes your way. In Phoenix City Court, you usually spend the pretrial stages in front of a single judge. After you decide to fight it, though, they shuffle you elsewhere. The order says you’ll be going to trial in thirty days, but the court struggles to get you in front of a judge in sixty. You won’t know which judge you’ll get for fifty-nine. When everyone assumed you’d plead, they rushed you to a decision. After they realized you were going to fight, they stretched it out as long … Read entire article »
Did He Mention It Was Just Plain Evil Too?
Jamison Koehler put up a post earlier today about Washington, D.C.’s “post-and-forfeit” statute being upheld in federal district court. A lawyer had sued D.C. after being arrested for disorderly conduct and given the “choice” pursuant to the statute of either paying $35.00 to be released and resolve the case or hanging around in jail for bit. As is often the case, Scott Greenfield wrote a post about the case over a year ago, not too long after the lawyer first filed suit. Whereas Scott expressed concerns about the law and its potential problems in his post, Jamison’s post wasn’t really about the law at all. He focused on how people shouldn’t pick unnecessary fights with police officers or bring stupid lawsuits. Discussing the plaintiff-lawyer’s decision to file … Read entire article »
Filed under: Courts, Government Rants, US Constitution
A Well-Oiled Machine
I had one hearing yesterday afternoon, and it was in Pinal County. The Pinal County Superior Court is about an hour from my office, give or take a few minutes, but I find myself there quite a bit. It’s a fascinating place. Yesterday, it was a confusing, frustrating place. The Pinal County Sheriff’s Office recently announced that attorneys would no longer be allowed to visit with their in-custody clients in the inmate holding area prior to court. The new policy is for security reasons, apparently, and it means that there’s no way to speak with a client prior to a hearing unless you go see him or her in jail. Seeing a client in jail is no small feat. If you want to do an “in-person” visit … Read entire article »
Filed under: Courts, Prosecutors
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