» Entries tagged with "guidelines"

Switching Attorneys

I don’t like taking over cases from other lawyers. In a perfect world, I would begin representing every client before charges are filed and stay with the case to the very end. That said, like pretty much every other lawyer I know, a good-sized portion of my clients come to me from other criminal defense attorneys. They seem to be split evenly between people previously represented by public defenders and people previously represented by private attorneys. They’re usually looking for a new lawyer for the same kinds of reasons. I hear many people say they want a new lawyer because their lawyer does not return their calls. I usually take that statement with a grain of salt. A lot of lawyers don’t return calls as … Read entire article »

Filed under: Clients, Practice in General

Terrible Policies

I won’t name names here, but there is one prosecutor’s office in Arizona that has particularly rigid and often ridiculous office policies regarding plea bargains and a number of other important things that, in my opinion, should be left to the sound judgment of individual prosecutors. Some of the office’s policies are so draconian and inflexible that they are known by pretty much anyone who is even minimally involved with Arizona’s criminal justice system. I imagine 99% of people reading this post instantly knew which office I meant after reading the first sentence. Anyway, in two cases this year where I wrote the assigned prosecutors letters presenting overwhelming exculpatory evidence and requesting the cases be dismissed, I had conversations like this: Me: Have you looked over what I gave you? Them: … Read entire article »

Filed under: Practice in General, Professionalism, Prosecutors

Deviations and Personal Circumstances

I often write deviation letters to prosecutors. That is especially important in Maricopa County Superior Court, where deputy county attorneys are forced to follow strict and often ridiculous plea bargaining guidelines. In my experience with deviation letters, I have found that letters citing constitutional issues or exculpatory evidence are far more likely to get a deviation than those citing a client’s mitigating personal circumstances. While I can understand that a prosecutor would rather offer a better bargain than lose a case, it concerns me that prosecutors do not give much weight to a client’s otherwise spotless background, bad health, or personal responsibilities. To me it seems that a strong case for the State involving aberrant behavior and a victimless crime should be just as worthy of … Read entire article »

Filed under: Practice in General, Prosecutors

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