» Entries tagged with "preparation"
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
Preparing for Trial
I spent a good bit of my weekend preparing for trial. It’s a draining experience, though not nearly as draining as trial itself. This particular trial has very high stakes. My client’s earliest release date will be more than seventy years from now if he’s convicted. Being able to speak in public, knowing the facts of the case, and understanding the rules of evidence are rarely enough to effectively try a case. There are countless variables in almost any trial, and anything can happen. Every trial I’ve done has taught me that one of the most important skills a trial lawyer can have is the ability to predict problems that might arise and prepare accordingly. My background is in music. In music, you do your best … Read entire article »
Filed under: Practice in General, Trial
Trusting Prosecutors
In Arizona, victims can choose whether or not to be interviewed by a defendant or his attorney. In pretty much every case, I send the prosecutor a letter asking whether the victim would be willing to submit to an interview. Victims almost never want to speak with me, so I’m forced to trust that the prosecutor actually asked them about consenting to an interview. I’m not a very trusting person, and I’m especially suspicious when there’s no way to verify what someone tells me. That’s the case with victim interviews. I bet a lot of prosecutors never bother asking victims, but in most instances, I have no way of proving it. I can’t later seek out the victim and find out. That would be a … Read entire article »
Filed under: Professionalism, Prosecutors, Trial, Victim's Rights
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