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A Lie or Just Misleading?

In previous posts, I complained about having to trust prosecutors to set up victim interviews. In case you don’t feel like clicking on the links, I’ll summarize: in Arizona, defense attorneys have to ask the prosecutor to ask the victim if he or she wants to talk to them. As I discussed in those posts, there are a lot of problems with that. I recently encountered a situation that highlighted one big problem. The victim in one of my domestic violence cases has recanted. She is very eager to tell everyone, myself included, that she lied about what happened and wants the prosecutor to dismiss the charges. I know for a fact she told the prosecutor she wanted absolutely nothing to do with the case and … Read entire article »

Filed under: lawyers, Prosecutors, Victim's Rights

Trial Reflections

I spent last week in trial. My client was charged with one count of aggravated assault. If he had been convicted and the state proved his priors and its allegation that he was on probation, he faced ten to fifteen years. The theory of the state’s case was that my client kicked his live-in girlfriend in the face five or six times, causing her “temporary but substantial disfigurement.” The jury acquitted my client after a four-day trial and an hour of deliberation. Like any trial, it was an interesting experience. A few things stood out though. I only had the case for about ninety days, and I was the client’s fifth or sixth lawyer, depending on whether you count his third (and last) public defender. … Read entire article »

Filed under: Clients, lawyers, public defenders, Trial

Missing the Point

You can imagine my surprise yesterday when this ten-day-old post suddenly lit up with new comments. They read like typical troll comments, but they were from lawyers. Local lawyers, in fact, and ones who seem to have quite a bit of experience. I believe I have multiple mutual friends with at least one of them, though I doubt he realizes that. I have no clue what possessed all of them to comment at once. Like typical troll comments, they made ad hominem attacks. One writer accused me of presuming my clients guilty, another accused me of going off “half-cocked” without knowing my facts, and yet another seems to think I merely hold myself out as someone who practices criminal defense and accused me of throwing gossip … Read entire article »

Filed under: lawyers, Professionalism

Another One Bites The Dust (Updated)

*** I wrote this post after reading about the case in the news and hearing courthouse gossip about what happened to David DeCosta. The police reports reveal a very different set of facts, which I discuss here. *** About a year ago, a defense attorney named Jason Keller got busted smuggling heroin to inmates. The Maricopa County criminal defense bar was abuzz with talk of his supposed meth addiction and involvement with the Mexican Mafia. At the time, he represented a client named Jesse Alejandro in a murder conspiracy case. His client became his co-defendant. A few weeks ago, another defense attorney, David DeCosta, got busted for doing more or less the same thing. Apparently, he was trying to sneak drugs to a client in … Read entire article »

Filed under: Clients, jail, lawyers, News

I Probably Take Myself Too Seriously

In one court, I regularly run into a lawyer who amuses me to no end. He’s a big, boisterous guy with thick gray hair and a deep, booming voice. His general demeanor reminds me of the ghost of Christmas present from the Muppet Christmas Carol. He always wears loud ties, most of which I believe feature some minor Disney character, and he only partially tucks his baggy dress shirts into what I suspect to be a pair of Dickies work pants. It isn’t uncommon for him to wear a jean shirt to court, and I don’t think I’ve ever seen him wear a belt. None of that really sets him apart from a lot of other lawyers though. What really separates him from the rest is … Read entire article »

Filed under: lawyers, Practice in General

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