Thursday, December 15, 2011

How to defend the defenseless?

I've had more than my share in the last ten years. Clients without a defense. But the attitude that, "If they are going to charge me, they are going to spend the money for a trial." I get that they are entitled to a trial. I get it more than most people. That's why I do what I do. But how can you provide a defense when they don't give you a damn thing to work with??

And the "trial tax." It's unfortunate, but true. I know my client, charged with two first degree misdemeanors, is going to get two years in the county jail if he is convicted. And I don't see how he won't be. I don't have a damn thing to work with.

Jury picked and sworn. Today, I get a call that he is trying to hire a private attorney, for a case scheduled for trial. Tomorrow. If I get a continuance. Nice try. Not flying with the judge.

If I use the opening I'm planning, affectionately called the "Desperation Opening," the jury knows I don't have a damn thing to work with. How is that effective? I could waive. That's not effective either. Talk about a rock and a hard place.

This sucks. At least he has six months in already.