Brown & Little, P.L.C. » Entries tagged with "Prosecutors"
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
Fighting Stupid With Stupid
A lot of my biker friends have a patch on their jackets that says, “if you can’t dazzle them with brilliance, baffle them with bullshit.” Apparently, the quote originates from W. C. Fields. In some ways, it’s great advice for a trial lawyer. People tend to be judgmental. They’re also easily confused. Those are usually characteristics that the prosecution can readily use to its advantage. People want to love or hate someone, and if the person on the stand doesn’t make sense to them, hate tends to be the default reaction. I can’t count how many times I’ve seen a prosecutor confuse a defense witness, and subsequently the jury, with idiotic questions. More often, the prosecution preys on the ignorance of the jurors writ large and … Read entire article »
Filed under: Trial
How to Explain Relapse (Or Not)
I can’t count how many times I’ve stood next to someone being sentenced for personal drug possession. Some are just unlucky, ocassional users, but many more are addicts. They’ve tried to stop using meth or heroine or whatever other drug has them in its grip, but they can’t. They have periods of sobriety. They get their lives together, only to relapse when the next big tragedy comes along. When they’re at their worst, they always seem to find themselves on the wrong side of the law. I’ve noticed recovering addicts like to stress the importance of living one day at a time, of not letting setbacks cause them to give up and ruin all of their progress. Tomorrow’s a new day. Learn from today’s … Read entire article »
A Lie or Just Misleading?
In previous posts, I complained about having to trust prosecutors to set up victim interviews. In case you don’t feel like clicking on the links, I’ll summarize: in Arizona, defense attorneys have to ask the prosecutor to ask the victim if he or she wants to talk to them. As I discussed in those posts, there are a lot of problems with that. I recently encountered a situation that highlighted one big problem. The victim in one of my domestic violence cases has recanted. She is very eager to tell everyone, myself included, that she lied about what happened and wants the prosecutor to dismiss the charges. I know for a fact she told the prosecutor she wanted absolutely nothing to do with the case and … Read entire article »
Filed under: lawyers, Prosecutors, Victim's Rights
Plea or Trial?
In Arizona, criminal defendants have no constitutional right to a plea agreement. The state does not have to offer one and can discontinue plea negotiations at will. If the state does offer one, it can take it off the table anytime before the court accepts it. That puts a lot of criminal defendants in a very difficult situation. Many defendants have no desire to go to trial. Some want to avoid trial at all costs. A big problem arises when a client doesn’t want to go to trial, has a weak case and a lot of risk, and feels they have a right to a plea they’re willing to accept. The problem is sentencing. Some Arizona crimes carry extreme sentences. If the state is alleging … Read entire article »
Filed under: Clients, Practice in General
They Don't Mean It
I’ve been noticing a lot of signs in court buildings saying something to the effect of “if you are exhibiting flu-like symptoms, please be courteous and stay home.” I guess the whole swine flu scare is just now reaching the courts. The signs aren’t a bad idea, but I find them misleading. I doubt many judges would be willing to excuse a defendant from court because of flu-like symptoms. Last week I saw a tribal court judge issue a bench warrant for a terminally ill defendant who missed court because she was too sick to leave the hospital. Does a defendant with flu-like symptoms, someone not even verifiably suffering from a full-fledged case of the flu, really have a chance of having his or her absence excused? If … Read entire article »
Filed under: Courts, Government Rants
Wasting Tax Dollars
I currently represent a client charged with possession of marijuana. By itself, that’s not unusual. What is unusual, however, is that the state claims he had weed in prison. He just finished serving his 18th year, and he’s got a little over 56 years left to go. He’s middle-aged. Why would the state choose to prosecute such a case? What else can they do to him? He’s going to enjoy his field trips to court. If he goes to trial, it’s going to feel good to wear street clothes and take the restraints off, even if it’s just for a little while. What kind of plea is a “lifer” going to want to take? The prosecutor knows all of this because I told him. … Read entire article »
Filed under: Courts, Prosecutors
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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