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» Entries tagged with "agreement"

All The Power

Adrian keeps telling me: Sometimes I wish we just dealt with those people from Hellraiser instead of some prosecutors; then, at least, my mom could understand why my job is so damn frustrating. I went to court a while back for a felony DUI client. Absurd mandatory minimums and absurder (this can’t be a word, but Google says it is so I’m going with it) plea policies from most prosecutorial agencies make me hate these cases. That combined with the fact the crime isn’t so much something someone might know they’re committing but rather possession of an arbitrary amount of something in their blood as determined by a machine that might not work makes for a killer cocktail of injustice. When the crime is something designed to insure you … Read entire article »

Filed under: DUI, Prosecutors

He Was Screwed No Matter What

In a recent Supreme Court of Arizona case, State v. Duran, the defendant tried to plead guilty but the trial court rejected his plea. The trial court then royally messed up by saying the prosecutor could use statements Duran made in connection with his change of plea if he testified inconsistently with them at trial. It’s important here to keep in mind the fact the trial court was wrong. Duran’s statements never, ever should have been used against him. The trial court made a mistake, and as a result, the defendant was confronted with the dilemma of testifying and bearing the disastrous brunt of the court’s mistake or not testifying and probably making the best of a really bad situation. A conviction would pretty much be guaranteed … Read entire article »

Filed under: Arizona Cases, 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

An Unfortunate Correlation

Prosecutors vary. They vary in intelligence. They vary in competence. Most importantly (to the majority of criminal defendants, at least), they vary in harshness. Some prosecutors demand blood for the tiniest little mistakes. Others are capable of feeling compassion. I can usually strike a judge and occasionally even change the venue altogether, but I’m pretty much stuck with the prosecutor who’s assigned. That can sometimes be a major determining factor if not the major determining factor in the outcome of a case. I just finished handling a somewhat complex drug case in a rural county. The first prosecutor on the case was a very competent younger attorney. She knew the case like the back of her hand and considered it a serious … Read entire article »

Filed under: Prosecutors

It Goes Both Ways

I was in trial this past week, so I didn’t have a lot of free time. I found myself working into the night to deal with things I couldn’t address during the day. I only had enough time during breaks to respond to the things that seemed the most urgent. One of those things was a frantic message from a prosecutor. She wanted me to call her back as soon as possible. I recently tried a case with her because the state wouldn’t budge one bit on the plea. My client faces the exact same thing right now having lost at trial that he would’ve gotten had he accepted the state’s offer. After three motions, a long evidentiary hearing, various oral arguments, a bunch of … Read entire article »

Filed under: DUI, Trial

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