» Entries tagged with "mandatory"

Except For That, Of Course

The silliest part of any guilty plea is the part when the court asks if anyone has threatened or coerced the defendant into pleading guilty. People are inclined to say no when it’s obviously the answer the judge wants to hear no matter what the circumstances happen to be. The desire to please is intense enough when the person asking the incriminating question has a badge and gun, but it’s even more powerful when the person asking sits high above the fray wearing a robe and keeps getting called “your honor” by everyone in the room. Several of my clients have given an admirable hell yes and briefly tried to elaborate before being cut off by others suddenly made aware of the absurdity of the question. I respect the clients … Read entire article »

Filed under: Clients, Courts

Better Safe Than Sorry

As a society, we lack the ability to deal with our problems without resorting to the blunt instrument of the criminal justice system. We must be failures as parents and as human beings in general, because we can’t seem to trust each other with even a little bit of freedom. We’re even suspicious of relatives, friends, and neighbors. Often, we’re especially suspicious of them. The only people we trust with our well-being are members of the fabulously wealthy, power hungry ruling class. When we get scared, they draft up oppressive, dangerous placebos we think we can’t live without. Nowhere is it worse than with sex crimes. We’ve criminalized everything, and we’ve ratcheted up the punishments. The system now hands out life sentences like it’s … Read entire article »

Filed under: Courts, Government Rants, Sex Crimes

Not Just Bad TV

Earlier in the week, I watched a TV program I wish I could un-watch. I fought watching it at the beginning. I made fun of it once it started. I even shielded my eyes and covered my ears when I couldn’t handle the stupidity any longer. For most of it, I was so uncomfortable I didn’t know if I could make it through the whole thing. I could feel my IQ dropping, but I couldn’t leave. Oh, the things we do for love! The show was Harry’s Law. The entire thing was terrible, but one part went beyond normal bad TV. The part that transcended the average prime time schlock in awfulness, unfortunately, was the primary storyline itself. The main character, a … Read entire article »

Filed under: Courts, Government Rants, Practice in General

Justifying the Unjustifiable

A little while back, I overheard a defense lawyer loudly explaining to his client why a prior felony conviction could be used to enhance the client’s sentence. The client was looking at a fair amount of mandatory prison because of an old aggravated DUI and kept asking why he should receive harsher punishment because of an old conviction for which he already did time. I think those are fair questions. In Arizona, an aggravated DUI is forever an historical prior felony conviction. Once you’ve been convicted of aggravated DUI, you will always be looking at an enhanced, mandatory prison sentence if you are later charged with pretty much any felony. That aggravated DUI conviction will follow you around for the rest of your life, resulting in worse … Read entire article »

Filed under: Clients, DUI, Practice in General

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