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
Ignoring The Will Of The People
You would never in a million years see an opinion like State v. Hancock in anything but a criminal case. In it, the Supreme Court of Arizona spent its valuable time analyzing a provision that said a certain group authorized to do a certain thing cannot be denied “any right or privilege . . . by a court” for doing that thing. One party was a member of that group, and the other party was trying to have a court deny her the thing a court by law cannot deny her. It might seem like the Supreme Court’s conclusion is beyond obvious, and it surely should be. The problem, however, is that the party arguing the law does not mean what it says is the State of Arizona, … Read entire article »
Filed under: Drugs
A Superbowl Sex Sting Poem
As a warning for those who might think it wise to blog after judging a beer competition, I present without further ado a Superbowl sex sting poem for your enjoyment: ‘Twas the night before the Superbowl, when all through the state, Not a hooker was stirring, who wasn’t a fake; The cops posted their escort ads on the internet with care, In hopes that potential Johns soon would surf there; The police were nestled all smug on their hotel room beds, While visions of entrapped soon-to-be sex offenders danced in their heads; And Adrian straightening his tie, and I in my suit, Had just settled down to field calls about police houses of ill repute, When from our office phones there arose such a clatter, I sprang from my chair to see what was the matter. Away to the jail I … Read entire article »
Filed under: Uncategorized
A Suggested Policy Improvement
When dealing with the Maricopa County Attorney’s Office, it’s important to understand that there’s pretty much a policy for everything. Like the “show no mercy” policy of a schoolyard bully or street thug, however, each of their policies is only enforceable to the extent they have an unfair advantage and the resultant negotiating leverage to demand the absurd from their victims. Strong cases produce harsh pleas. So do mandatory minimums, and luckily for prosecutors here, there’s almost always one. For the most part, what the policies do is ensure that only the most dangerous criminals, men and women who do not fear the system or have gone to somewhat successful lengths to avoid prosecution, get great plea deals. The ones with consciences, and especially the innocent, would … Read entire article »
Filed under: immigration, Prosecutors
Why It Sometimes Sucks (And Then Doesn’t…Sorta)
It’s often hard to explain the little reasons it can sometimes suck being a defense attorney, so I figured I’d strike while the iron is hot and write about something that happened recently. It should highlight one tiny little reason why the job can suck. It should also highlight why the job doesn’t just suck all the time, but is more of a roller coaster of suck and not-suck. A couple of weeks ago, I had a settlement conference in a case. The goal was to see if the parties could reach an agreement. The prosecutor and judge were both great to deal with, and my client was very reasonable. He was facing a harsh mandatory minimum prison sentence and understood by the end that he … Read entire article »
Filed under: Practice in General
Another Shameful Win For The Drug Warriors
I gave a client a ride to court yesterday morning. He’d flown into the Phoenix airport from the other side of the country and didn’t have transportation. It would’ve been a record-breaking cab fare for him, so I offered and he accepted. We probably don’t have an awful lot in common, and his English is about as good as my Spanish. He’s an incredibly nice guy, though. He fielded one teary phone call after another from one family member after another during the drive. I tried not to eavesdrop, but there was one thing I couldn’t help but catch: Daddy’s going to work. I don’t know how long I’ll be gone. It might be a long time. Be a good boy. Be good … Read entire article »
Filed under: Drugs
Sucks Not Eating That Cake, Huh?
I covered a pretty amazing hearing recently. It wasn’t amazing because of anything I did. It was amazing because it perfectly showcased the disastrous impact of mandatory sentencing rules and a culture of punishment and cruelty not just on defendants, but on victims. The client was accused of taking money from a family trust. He was left out of it, but his cousins weren’t. He allegedly drained the trust using forged checks. At his first sentencing, the victims said how they weren’t going to get to go to college. He took their college fund, apparently, and now they had to take out student loans. At least one of them wanted to punish him with a long prison sentence. All of them wanted him to repay … Read entire article »
Filed under: Courts, Prosecutors, Victim's Rights
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
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
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