Brown & Little, P.L.C. » Entries tagged with "court"

Are They Idiots Or Are They Liars?

I wouldn’t be writing about Mesa twice in row if I didn’t think it was all noteworthy. This time, though, I’m a little less cynical. I refuse to believe the judges at Mesa City Court are anywhere near as simple-minded and unfair as some of the prosecutors there claim. To give you some background, if you are charged with misdemeanor DUI in Arizona and your BAC is between 0.08 and 0.15, the mandatory minimum jail sentence is one day with nine days suspended. If your BAC is between 0.15 and 0.20, it’s nine days with twenty-one days suspended. Any misdemeanor DUI in Arizona could theoretically result in 180 days in jail, but I’ve never seen it happen, heard about it happening, or even realistically considered that any prosecutor could … Read entire article »

Filed under: Courts, DUI, Prosecutors

Who Needs Lawyers Anyway?

I came across a fascinating post about the unauthorized practice of law after Mauricio Hernandez at the Irreverent Lawyer wrote a post of his own discussing it. It was the sort of thing that took a little time for me to digest before writing about it. For those too lazy to click through, the original article is about a woman with a very strong background in criminal law who moved here then took and passed the Arizona bar before becoming a capital staff attorney in Maricopa County. Ignoring some off-putting personal attacks that may or may not be deserved and a bizarre part in the closing paragraph that tries to make it a red-state-blue-state political problem, it’s a thought-provoking piece about the flagrant unauthorized practice of law by a … Read entire article »

Filed under: Courts, Ethics, lawyers, Practice in General, Professionalism

Veterans Court

In a lot of ways, I really like the idea of a special court for veterans. Treating any group or any individual in accordance with the fundamental concept that some sense of dignity and worth should be afforded to criminal defendants is a great idea in my book, even if most other defendants don’t have the same luxury. I’m not willing to slam a program that does something a little closer to right just because the rest of the system treats people totally wrong. On the other hand, it’s tough to stomach a system that superficially kowtows to people whose lives have been directly ruined by the government, whether voluntary or not on their part, while destroying the lives of those whose lives have been less overtly ruined by … Read entire article »

Filed under: Courts

An Epic Pinal County Scandal

A little more than a week ago, Scott Greenfield wrote a post at Simple Justice about how a deputy at the Pinal County Sheriff’s Office shot an unarmed man in the back despite the fact the man had his hands in the air and was clearly surrendering. If it hadn’t been caught on camera by a bystander, it would never have been news because the sheriff initially lied about the facts, insisted the deputy was justified, and let the deputy return to full duty after only three days of paid administrative leave. Luckily, the footage couldn’t be clearer: CBS 5 – KPHO Scott wrote about the deeper message the sheriff was sending by approving of the officer’s clearly unjustified actions, which is indeed the more important thing to consider. … Read entire article »

Filed under: Government Rants, Police, Prosecutors

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

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

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

When Justice Is Corruption And Injustice Is The Law

Via one of my favorite blogs, the ever-fantastic Philly Law Blog written by Jordan Rushie and Leo M. Mulvihill, Jr., whose beard-mentoring qualifications give me beard envy and whose fashion sensibilities continue to intimidate me into wearing plaid for every occasion, respectively, came this amazing little report. In case you don’t want to click through, the report details all kinds of favorable treatment given to important people by Philadelphia’s traffic courts. Unlike most thirty-plus page reports about a court in a different state, I felt compelled to read it. I’m glad I did. The report tells a story of judges giving “special consideration” to people with power. It explains that judges routinely helped the politically connected individuals get all kinds of benefits, even when no express request … Read entire article »

Filed under: Government Rants

Doing It All

I had a long weekend of work, but I’m ready for trial. The work I completed over the weekend wasn’t trial prep, though, because that was done long ago. I spent the weekend tying up loose ends. Trial is like a really shitty vacation. You have to make sure all your ducks are in a row so you can take some time off. Instead of dipping your toes in the water and watching a sunset with your adult beverage of choice in hand, however, you get to endure grueling combat all day every day for days on end. It’s a break from your daily stress during which you forget about your normal troubles in favor of some more pressing troubles. Did I mention that … Read entire article »

Filed under: lawyers, Trial

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