tag:blogger.com,1999:blog-24399566804354595362024-02-08T02:39:46.487-08:00Existing as a Public DefenderFrustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.comBlogger21125tag:blogger.com,1999:blog-2439956680435459536.post-53310890158552220902013-01-29T17:41:00.000-08:002013-01-29T17:41:01.607-08:00Thinking about getting qualified to defend death penalty cases. It's a scary thought. Have to do a couple of murder trials as second chair in order to get qualified. Have been assigned two. One is really bothering me. A dead child. And the attorney that is lead counsel? I admire that attorney so much, I'm as so afraid of letting them down. Think I already did. Thought I had review all the discovery, but missed some and gave them misinformation. I've apologized and will continue to try to do my best. Am I doing the right thing? I just don't know...Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com1tag:blogger.com,1999:blog-2439956680435459536.post-11863629618325783022012-04-09T17:14:00.002-07:002012-04-09T17:19:01.307-07:00A Not Guilty ClientWe shall see tomorrow. I won't say he's innocent. Did some very questionable things. Some very stupid thing. But can the state prove it?<div><br /></div><div>I don't think so. </div><div><br /></div><div>I don't like defending people charged with trying to molest kids. But it comes with the job, as you all know. But he did NOT do what the state has charged him with. </div><div><br /></div><div>I only hope that I can get a jury to make a very fine distinction.</div>Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-22052515214316701652011-12-15T15:56:00.000-08:002011-12-15T16:07:02.886-08:00How 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??<div><br /></div><div>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.<br /></div><div><br /></div><div>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.</div><div><br /></div><div>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.</div><div><br /></div><div>This sucks. At least he has six months in already.</div><div><br /></div><div><br /></div>Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-1095949002596983972011-11-20T09:03:00.000-08:002011-11-20T10:14:31.696-08:00Do I Want a New Job??Not really a new job. Just a different location. All my family is in another state. I live in Florida. I keep looking, keep applying. Everything tells me to stay put. Except my family. I love them. I hate missing the big events. I've never been to a birthday party of my siblings' children. I always have Christmas, but that is about it for the year. And it sucks!Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-17360972793234566812011-11-20T08:36:00.000-08:002011-11-20T08:53:12.109-08:00The System Does WorkWow!!! A loooong time since my last post.<div><br /></div><div>New office, new clients. I've been reassigned to a smaller office, only two attorneys. Luckily, I was able to take a good friend with me. The secretaries are great, unbelievable actually. They seem to know what to do before I tell them. Which is very refreshing! </div><div><br /></div><div>New clients. New to me, but not the office. My secretaries have been there for years, having grown up in the county. It's interesting to hear the stories that lead up my current representation. </div><div><br /></div><div>My first jury trial in almost three years. Not that I chose that, but doing juvenile and mental health cases, things just worked out that way.</div><div><br /></div><div>While I have issues with my state attorney, I have to give him props. He's young. He's inexperienced. He did some work with a questionable defense attorney. But! It is the first time that I have ever received a "Notice of Production of Favorable Evidence." A witness, 12 years old, that says my client didn't start the incident that led to his battery charge. </div><div><br /></div><div>My client, a local "transient," well know to law enforcement. A diagnosed paranoid schizophrenic, unmedicated for six months. But well aware of his rights, the players, the situation. With a history of acting out, talking to himself, making threatening statements without provocation. He sat patiently, quietly and attentive throughout the trial. </div><div><br /></div><div>ALL the evidence came out. Thanks to the ethical prosecutor that disclosed the new information. And my client was found not guilty. He walked out of the court room with a quiet, quite unexpected "thank you." </div><div><br /></div><div>This young, inexperienced state attorney gave my client the fairest trial I've been part of in ten years. And the system worked. And I like my new county.</div><div><br /></div>Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-79093237570286446952010-05-19T16:09:00.000-07:002010-05-19T16:31:46.293-07:00The mother from Hell...I had something happen today that I have never encountered.<br /><br />"Ma'am, do you have kids?" "No, I don't." "Well, that would explain why you just don't understand."<br /><br />WHAT???<br /><br />I've been a juvenile PD for 8 years, and I don't understand? Just because you don't like the fact that I represent your child, and have to abide by his wishes rather than yours? Because you want him to get drug treatment, not be on probation? Because you called the cops on him when you found pot in his backpack, and thought the cops wouldn't write a report? Are you f***ing kidding me??? What the hell did you think would happen?<br /><br />And to say that I am not helping your child because I am listening to what he wants, rather than what you want? I realize you are the parent, and what I do in no way affects what you feel you need to do as a parent. Do what you have to do. If he needs drug treatment, by all means, get it for him!<br /><br />But I am HIS lawyer. "But he's a minor!" SO WHAT?? He still has rights, all the rights you would have had the tables been turned, he found your pot and called the cops. He has the right to an attorney, one that listens to his desires, one that protects his rights, one that focuses on him, not what somebody else wants to happen.<br /><br />Don't tell me I don't understand. I probably understand better than you do. You have one child that you are dealing with. I have dealt with thousands over the years. You don't have to have children to feel like a parent. I feel like a parent all the time. And I pay more attention to these kids than most parents do. And care more about what happens to them. Maybe you are the exception, rather than the rule. GREAT!!! Maybe I won't see your child again. But I doubt it. Considering you had him arrested before for pot, and didn't get him treatment then. It's not my fault. Maybe you should stop for a minute and ask yourself why he thinks smoking pot is okay. Is it a short-coming on your part?<br /><br />Maybe this is a little harsh, and if so, I apologize. But don't tell me I don't understand.Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com2tag:blogger.com,1999:blog-2439956680435459536.post-30932184001984853392010-04-27T18:07:00.000-07:002010-04-27T18:21:06.010-07:00A very uncommon occurance...I handle both juvenile and felony cases. Juvenile, because I absolutely love it. Felony, because I'm the senior attorney in the office. Very often the paths cross. Too often. Either I have parents of my juveniles in felony court, sometimes with the same charges. Or I have juveniles filed as adults. Either way, it is too often.<br /><br />But the other day, I had an unusual occurrence. I was in felony court that day, covering a few cases. As I was headed back to court after lunch, I was approached, in the elevator, by a young man, not more than 18. He asked if I recognized him. He looked familiar but I couldn't give his face a name. He told me his name, and I immediately remembered him, but it had been a few years. I mentioned that it had been a while, and he informed me he had stayed out of trouble since I represented him in juvenile court. Naturally, I was curious...."Why are you in court today?" I was surprised at his response. "My dad is in trouble...again."<br /><br />I thanked my lucky stars that this young man wasn't one of my clients, or that of one my colleagues. And I had to ask, "What changed?" His response? "I did." <br /><br />Obviously that made me feel good. But searching for that elusive compliment that PD's so rarely get, I asked the next question. "Did I have anything to do with the change?" And expecting the normal response of "No, I just realized I didn't want to live that life anymore," I continued to walk to the courtroom. Imagine my surprised when he said "Yes." I stopped. Turned. Look him right in the eye. And asked, "Really?" He confirmed his answer. And said that I convinced him that he did not wanted to follow the road his father was. His father, who was never able to make the appointments in my office because he was in jail. His father who was now being sent to prison. Again. <br /><br />I don't know what I said. But I hope the same words eventually come out of my mouth again. To another child, another young mind, about to be lost to the system.Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-63310868741524759822010-04-27T18:04:00.000-07:002010-04-27T18:06:19.759-07:00Public Defender Revolution: THE POWER OF YEP!<a href="http://pdrevolution.blogspot.com/2009/12/power-of-yep-i-am-going-to-start-my.html"></a>One of the best blogs I've ever read....<br /><br /><a href="http://pdrevolution.blogspot.com/2009/12/power-of-yep-i-am-going-to-start-my.html">Public Defender Revolution: THE POWER OF YEP!</a>Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-13618310160301711432010-04-27T17:09:00.000-07:002010-04-27T17:26:32.454-07:00Well, it's been a while....I keep plugging along, and don't always keep up with things the way I should. Including keeping people who follow this "sometimes" blog informed.<br /><br />I like to talk about my cases, but obviously have to be very careful about details. Not sure how the bosses would appreciate me posting things. But this case pissed me off.<br /><br />Husband and wife charged with child neglect and placed on probation. Five kids, husband lost his job, two months behind on the rent, about to be evicted, electricity being turned off, in Florida, in August. Tried to transfer probation, but being given a hard time by the PO. Moved to a different county to live with a sister, without permission. Violated. Of course. It is Florida.<br /><br />Wife admits. Private attorney. 48 months prison.<br /><br />Husband still in jail. I tell him he has to fight it, or we can't appeal. I knew the outcome before the hearing. Found in violation. Sentenced to 48 months. Despite my arguments that he was put on probation, and told he didn't care for his children. He tries to care for his children and not accrue 5 more counts of child neglect for having kids living in a house with no electricity, no air, no water, in August, in Florida. Or the alternative, living in their van. Would have been charged for sure. He does what he has to do, and is told he is still wrong.<br /><br />In this economy, jobs are so hard to come by. He had been a skilled professional. Lost his license because of the felony charge. Working in a restaurant. Wife caring for the kids. Had he been able to find a decent job, we wouldn't be discussing this case. But he couldn't. And now he, his wife, and his five children are being punished for it. In foster care, 4 different families in 2 counties. Husband is told he will very likely never get his children back if he is sentenced to more than a year. <br /><br />At least it is all the record for the appeal.<br /><br />It pisses me off. Where is the justice here?Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-28816167342233209782010-02-14T14:24:00.000-08:002010-02-14T14:33:15.599-08:00And now, for something completely different...It's funny what a song can do.<br /><br />I miss my dad.<br /><br />My father died almost 24 years ago. I was 17. He's been gone longer than I knew him. <br /><br />But it hurts. Alot. Sometimes...most times...I hate emotions.<br /><br />I was always a "daddy's girl." Always wanted to tell him first about everything that happened. Every new thing in my life. And I haven't been able to in years. I couldn't talk to him when I got married the first time. Or when I got divorced. Or when I decided where to go to school. Or where to move for work. Or my choice of career. Or when I got married the second time. <br /><br />I know he would have stood behind my decisions. As he always did. But that doesn't mean I didn't want to ask.<br /><br />Why today? Why Valentine's Day? I don't know. I know it hurts. I know I want it to stop. I know I want my dad back.Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-42493477829517217662009-11-10T16:02:00.000-08:002009-11-10T16:09:10.660-08:00WOW....I know it's been a loooooong time. But I've been made aware of something that I can't ignore....<br /><br />WOW!!! That's all I can say about this <a href="http://www.youtube.com/watch?v=UIoyJ-LyAaE">video</a>. Unbelievable!<br /><br />I am so glad that I don't practice in Maricopa County, AZ. I think all public defenders, and defense attorneys in general, at least on occasion, question the actions and integrity of law enforcement. But to be so blatant, knowing they are being recorded, is unreal!<br /><br />I understand the deputy is now saying that he viewed what he thought were keywords indicating a crime. BUT...why was he in a position to view those words in the first place??<br /><br />I wish this would have happened in front of my judge. All hell would have broken loose. My judge may normally rule with the state, but blatant violation of the defendant's rights? No way in hell.<br /><br />I'm simply flabbergasted, and can only say, WTF????????Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-72761316029463236752008-05-05T04:34:00.000-07:002008-05-05T04:43:33.815-07:00The Sixth AmendmentI wish I could understand the mentality of some prosecutors. A person accused of a crime is granted the right to a public and speedy trial. A right so important, the states have adopted it in their criminal procedure rules. So why should persons accused be punished for exercising their rights?? It never ceases to amaze me the number of times that a prosecutor is OFFENDED by the fact that a client wants a trial. And they will do anything to prevent it. Filing additional charges, filing felonies when the client was only charged with misdemeanors, seeking to have bonds revoked for no legitimate reasons.<br /><br />Are they that unsure of their abilities at a trial?<br /><br />Are they that convinced that someone accused MUST be guilty?<br /><br />Everyone gets up in arms about someone accused "violating the rights" of the victims involved. What about when the accused winds up being the victim of the prosecutor? Nobody wants to hear about that. And if the accused decides to accept a plea after all of this, how can the judge believe that it is a "voluntary and uncoerced" plea? Give me a break!Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com3tag:blogger.com,1999:blog-2439956680435459536.post-26019033785840040252008-05-02T04:55:00.001-07:002008-05-02T05:03:56.244-07:00New page partI have added a new part to my page. It's supposed to be called My Daily Diversions, but I'm still working on the formatting.<br /><br />It seems that the one thing that will calm me down and clear my head after a really tough day at work is cuteness! There are several pages that I view regularly, including <a href="http://www.cuteoverload.com">Cute Overload</a>, <a href="http://www.dailypuppy.com/">The Daily Puppy</a>, and <a href="http://blog.esaba.com/projects/catphotos/catphotos.php">Funny Cat Pictures</a>. After hours of all the ugliness I see at work, and all the horrible things that people will do to other people, these remind me that there is still some purity and goodness in the world.<br /><br />And I need it on days like today, after I see stories like this one on the news. <a href="http://www.myfoxtampabay.com/myfox/pages/Home/Detail;jsessionid=918DD1626AF6B524E1756DD7BFB22A12?contentId=6441640&version=1&locale=EN-US&layoutCode=VSTY&pageId=1.1.1&sflg=1">Kitten thrown from car.</a> Speaking of the things people do to other people, it boggles my mind that someone could do this to a creature so helpless. ARGGHHHH!Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-54988714918062071742008-05-02T04:45:00.000-07:002008-05-02T04:54:58.527-07:00An Update..I know it's again been a while. But so, so busy. Just a quick update on some prior stories.<br /><br />Bar Complaint -<br />It took a while (such a loooong while from my perspective). But the Bar finally said that my client had no basis for complaint. Just as an aside, I've learned from another client that the one that filed the complaint is now regretting it. He's spoken to some of my other clients, and realized that I really do care about my clients and really do work my ass off for them. He has had another attorney appointed, and his new attorney is doing everything he can to convince the client he just needs to plead to prison time, and that he has no defense. Which may not be the case. Live and learn.<br /><br />An older post -<br />Regarding one of my first posts, having to do with a client of mine that was convicted at trial. I have recently learned that the appeals court has said I was right about an argument made at trial, and has reversed his conviction. WoooHooo!!Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-86068798722590464132008-01-25T18:09:00.000-08:002008-01-25T18:46:13.779-08:00Bar ComplaintsI know it's been quite some time since I've posted to this blog. Alot has been going on at work. People quitting, people retiring, caseload shifting, additions, subtractions, promotions. The list goes on and on. But today prompted me to renew my blog.<br /><br />It's happened. After six years, I have received my first bar complaint. And I'm freaking out!! I know I haven't done anything wrong. But it's scary. This is my career! What I spent so much time trying to achieve. And the thought that because I can't accomplish what the client wants as fast as the client wants, and with as much hand-holding as the client wants, it could be threatened scares me.<br /><br />I've prepared my response, and am waiting a couple of days to let the initial shock wear off before I send it. I know the outcome will be fine, but it's a little overwhelming.<br /><br />My co-workers are telling me don't panic, it comes with the territory, get used to it. But after six years, and nothing, even my co-workers are telling me it is not normal.<br /><br />Will keep you updated. Any <span class="blsp-spelling-corrected" id="SPELLING_ERROR_0">advice</span> will be welcome in the meantime.Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com3tag:blogger.com,1999:blog-2439956680435459536.post-7963610474349409952007-04-11T19:49:00.000-07:002007-04-11T20:01:05.216-07:00Children in Handcuffs...and Shackles<a href="http://www.pierretristam.com/Bobst/07/wf041007.htm"><span style="color:#ff0000;">This story bothers me</span></a>. It shouldn't be true. But it is.<br /><br />But I think what bothers me more is the amount of people on the web that think this is a joke, an April Fool's Day prank. It just couldn't be true. People, we couldn't make this stuff up!!<br /><br />I guess none of those people read <a href="http://www.pdmiami.com/Public_defenders_call_for_unshackling_of_kids_in_courtroom.htm"><span style="color:#ff0000;">this story</span> </a>in the Orlando Sentinel. If we shackle them in court, I don't understand why handcuffing them when they are arrested it such a shock to people.<br /><br />Or maybe I've just become jaded.Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-23315012950611016352007-04-11T18:34:00.000-07:002007-04-11T20:02:05.281-07:00I hate reading the paper...Aside from the fact that I get genuinely depressed by reading about all the war, death, destruction, and turmoil in the world, I really hate reading the local paper. Why is it that small town newspapers always have a "Police Blotter" section?<br /><br />After working here for a while as a PD, reading the Police Blotter is like old home week. Seeing the police have arrested the client that failed to appear after paying off a bad check. When if the client had only shown up, the case would have been dismissed. Now they not only have to deal with the bad check case, but they had crack in their pocket when they were arrested.<br /><br />There is a really crappy ruling from the Supremes. I think it should be required reading for anyone that is arrested before they are allowed to be released from jail. Basically goes on for several pages to say this: If you get arrested for a new charge while you are out on bond, you get held in jail with no bond.<br /><br />Makes sense that if you are in trouble once, it's only going to get worse if you get in trouble again. But you should see the saucer-sized eyes I get when I explain to the client that they are now sitting in jail until their case is done, simply because they wanted that one last hit of crack before they go on drug offender probation.<br /><br />They act like I can't possibly be telling the truth. I really need to start trying to take myself back to before I went to law school, before I was "taught to think like a lawyer." But I seem to recall the LSAT was made up of a lot of logic questions. And I did ok on that. So maybe it is something that I've always had.<br /><br />It just doesn't seem to me that it should be that foreign of a concept. I've read the bond paperwork. Even the bondsman won't keep you out if you get in trouble again while you are on his bond. But I go through that same concept several times a week, always to the same reaction.<br /><br />And before anybody reads this, and jumps on my case about my light-hearted, or heartless, comment about someone with a cocaine addiction, don't. I know perfectly well that an addiction is not something that you just walk away from. I spend my days trying to get every one of my drug clients into rehab, not only for them, but so I don't have to have them as a client again. Not that they are bad people that I never want to see again, but under different circumstances would be preferable.<br /><br />But I got off track. I hate reading the paper.<br /><br />It brings me back to the reality of the job I've chosen. It is hard to not notice all the crap in the world. But sometimes, reading the rest of the paper, I am able to step back from the feeling that I hold peoples' futures in my hands. When you deal daily with one of the "realities" nobody else wants to deal with, being reminded that there is one more, or ten more, futures added to the mix is occassionally gut-wrenching. But it also reaffirms why I do what I do, and to all those citizens who bad-mouth the Public Defender, as this <a href="http://hpla.blogspot.com/2007/04/time-for-public-defenders-office-to-go.html"><span style="color:#ff0000;">post</span> </a>does, why our jobs are necessary.Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0tag:blogger.com,1999:blog-2439956680435459536.post-2933752579028728692007-04-11T15:36:00.000-07:002007-04-12T04:35:33.751-07:00Monday was a good day...and Tuesday wasn't bad.I had an old friend come into town Monday. He's a former public defender, now working for a prosecutor's office in a small county. So small there are only three prosecutors for the whole county. Well, there are supposed to be three. But one is out on maternity leave. So that leaves two.<br /><br />Anyway, he moved about three months ago, and had to come back to testify at a trial. We sat all day and talked, about his new job, and about some of the clients he left behind when he left. He's my best friend and I really miss him. But it was great to see him. Later he and I and our respective spouses all went out for dinner and spent a couple of more hours talking. During dinner, you could see the eyes of our spouses glazing over. We fell right back into our earlier discussion about clients and jobs, law school and bar exams.<br /><br />I love my husband dearly. The greatest thing that ever happened to me. And it's really a good thing that he's not involved in the law. It does allow me a little break from constantly thinking about what clients I need to see, what tasks I have to complete at the office, etc. And I believe he does understand, to a certain extent, what my job is like. He has spent many a night listening to me bitch and complain about clients, prosecutors and judges. He couldn't help but learn something about every aspect of my job. But unless you have done this, you can never really comprehend everything. I love having a lively discussion over great food with another attorney who has been exactly where you are and can <span class="blsp-spelling-corrected" id="SPELLING_ERROR_0">acutely</span> identify with every little feeling you have. Which is what my friend and I did. As I've said, I really miss him. There are other attorneys in my office, sure. But he and I just hit it off instantly. And it sucks that he's not around anymore.<br /><br />Tuesday, back to the same grind. Sort of.<br /><br />My friend had to head back home, and came by the office to say good-bye. That put kind of a downer on the day. Then I had to head to court. Thank goodness...a light day.<br /><br />I took care of my clients, argued with the state, and got the judge to see things my way once or twice.<br /><br />Then...the topper of my day. I was leaving court, and was stopped by a tall, well-dressed gentleman that asked if I had a moment to speak to him. I assumed he was the father or husband of one of my clients, so I put on my nice face and said sure.<br /><br />Turns out, he was the victim of a client of one of my office partners. He said he had been to court four times because of the case, and he had an opportunity to observe what goes on in court. And he just wanted to let me know that he was impressed with everything that we, public defenders, had to deal with on a daily basis, and admired us for doing it.<br /><br />I politely thanked him and walked back to my office. It's nice to hear that every once in a while. Not as nice as to hear it from my clients. But to have my job acknowledge by anyone makes me realize how important my job is. And why I do it.<br /><br />Then, back at the office, I get a message from a client that she wants to appeal a case she entered a plea to. Said she entered the plea just to get out of jail, and that she really isn't guilty of the charge. I will have to explain to her that we can only appeal the judgment and/or sentence of the court, not her guilt, since she entered a plea to an offer by the state.<br /><br />I think I'll do that tomorrow. Don't want to lose that feeling of appreciation just yet.Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com1tag:blogger.com,1999:blog-2439956680435459536.post-37470411131410246462007-03-20T04:28:00.000-07:002007-03-20T05:05:51.891-07:00A miracle worker?Unfortunately, I'm not.<span style="font-family:georgia;"> </span><br /><span style="font-family:georgia;"></span><br /><span style="font-family:georgia;">Unlike what most of my clients think.</span><br /><br />They bad-mouth the public defender, calls us public "pretenders." Public "offenders." Mostly because we can't get their case dismissed and have the prosecutor and the judge give them a public apology. "If you were a REAL lawyer, I wouldn't be here."<br /><br />NO.<br /><br />If you didn't have 50 grams of meth in your house, and give the cops permission to search, your case might be dismissed.<br /><br />If you didn't give the police a taped statement about the multiple times that you have had sex with your underage girlfriend, your case might get dismissed.<br /><br />If you didn't blow a .249 after the police found your car up against a building and you passed out behind the wheel, your case might get dismissed.<br /><br />If you didn't call your wife from the phone at the jail, with the sign below it that says "This line is monitored and recorded," asking her to tell the police that she lied and that you didn't hit her, your case might get dismissed.<br /><br />But by the time I get involved, it's pretty much too late, with few exceptions. Accept it and get over it. I AM NOT A MIRACLE WORKER.<br /><br />And don't write the state attorney and the judge and tell them I'm not doing anything for you. Ok, maybe I didn't spend as much time with you as you would have liked. Sorry about that. But I have 100 other people whose cases are just as bad as yours that I have to work for also.<br /><br />If I could ask two things of my clients it would be this:<br /><br />Give accepting responsibility for YOUR actions some thought, instead of coming up with more extensive and creative ways to try to insult me. Remember when you were little, and you broke something at home, and blamed it on your little brother or sister? And your mom found out it was actually you? And you got punished, not because of what you did, but because you blamed somebody else? What lesson did you learn from that?<br /><br />And don't tell me that I don't know the law. Don't tell me I'm wrong when I tell you the prosecutor doesn't have to prove that you were intending to sell that dope to convict you of trafficking. Don't tell me that the prosecutor can't convict you of driving on a suspended license because the suspension period was up, even if you didn't go get your license back. Don't tell me that you can't be convicted of possession because the cops didn't find anything on you, even though the dope was locked in the safe in your bedroom. I didn't spend three additional years in school, LAW school, for you to tell me I don't know what I'm talking about.<br /><br />Do you think that you are endearing yourself to me by insulting me? Think again.Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com4tag:blogger.com,1999:blog-2439956680435459536.post-91414289941272335692007-03-17T04:01:00.000-07:002011-12-15T16:47:54.527-08:00Just another day at the office...After struggling for a couple of days coming to terms with the fact that my client, in my opinion wrongfully convicted, will likely be going to prison, I go back to work to try and get another client out of jail. She's had the third death in her family in three years. The funeral of this very close family member is in another state. But she is being held in jail with no bond. Lots of discussions with the prosecutor, begging two different judges to hear her case on an emergency basis, and waiting for the privates, who appear sometimes to believe they are paid by the word, and she is finally seen. Pleading to an offense she says she didn't commit, because it is the only way she can get out of jail to attend the funeral. She is grateful and thanks me for my help, as does her family.<br /><br />This takes a little of the sting out of the guilty verdict in the trial earlier...but not much.<br /><br />After court, I return to the office to read through discovery, and letters from my clients in jail. It doesn't take long for the minimal lift from a few minutes earlier to completely deflate. The please come see me letters, the suggestions for defenses and the requests for plea offers are routine. As are the next three letters I open, unfortunately.<br /><br />"You ain't doing nothing for me." "You are working for the state, not me." "You get paid to send me to prison." "I need a lawyer, not a public defender." "Public Pretender." "I'm going to get my family to hire me a <em>real </em>attorney." "Why can't you get me out? get me probation? get the state to drop the charges?"<br /><br />Thirteen letters. One "I understand you are busy, but please come see me." Every other one contains some derogatory comment or slur, even if it's not the entire letter.<br /><br />And then the one that kind of cracks me up. The one that wants to know how the police could arrest them and the court could hold them when they have no evidence of a crime, much less that they committed the crime. Why is it that people who aren't new to the system believe that if they tell the police what they want to hear, the police will let them go? And why do they write letter to the prosecutor saying they know they did wrong but they have a family they have to support and need mercy? And then turn around and lie to the one person that cares if they get out of jail, the one person that is trying to help them?<br /><br />Client: "I never told the police I did anything!"<br />Me: "Did you give them a statement? They say you did."<br />Client: "No way! I know better than that!"<br />Me: "Then what is on this tape that I got? The tape that says 'defendant statement'?"<br />Client: "I don't know."<br />Me: "Well, here's the transcript. This is what they say you said on this tape."<br />Client: "I never said that. They faked that transcript. I bet the tape is blank and they will say there was a problem with copying it."<br />Me: "Well, I've got a tape player. Let's give it a try."<br />Client: "Uh....ok."<br /><em>tape starts playing</em><br />Client: "That's not me."<br /><em>tape continues with client giving name, birthdate and SSN</em><br />Client: "Well, they didn't read me my rights! I didn't know I didn't have to talk to them!"<br /><em>tape continues, Miranda, and "you understand you don't have to talk to me, right?"</em><br />Client: "Shit. I didn't know they were recording that. I was just trying to go home. None of that is true. They can't use it if it's not true, right?"<br /><br />Unfortunately, this is not a rare occurrence. And the client wonders why the prosecutor feels they have a good case!Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com1tag:blogger.com,1999:blog-2439956680435459536.post-24193026157031775062007-03-14T17:34:00.000-07:002007-03-20T04:47:22.267-07:00Sometimes I hate this job...That's not true. Really, it's not. I love my job. It's so frustrating though! Seeing the same clients over and over and over again, same crime, different victim, same crime, different drug, same crime, different location, yada, yada.<br /><br />But today has to be the most frustrating kind of day. The occassional client that you get that you believe really is innocent, not just not guilty. Because the case has been around a while, you develop a sort a relationship, almost a friendship with the client. A case that hangs around for a while, because of an obstinate state attorney bordering on unethical. The state attorney offers misdemeanors, client thinks it over, and decides to go to trial. And the jury comes back guilty as charged.<br /><br />I have been told on more than one occassion that the thing that makes me feel the way I do right now is the same thing that makes me good at what I do. I care. Sometimes I feel like just walking away. It is really agonizing to watch a client you have come to know, and actually like, be placed in handcuffs and led off to the jail. To have them thank you as they are being led away, the occassional client that actually appreciates you for what you do. And always will appreciate you.<br /><br />Is it possible not to feel discouraged with the system? To not feel that you can't compete with a society whose motto appears to be "guilty until proven innocent?" To not want to throw in the towel and go to the high-priced corporate law firms where you deal with dollar signs instead of lives? Numbers instead of families?<br /><br />And to know that you have no time to mourn this loss, because there are 100 more clients just like the one that you couldn't save from jail, that need to be defended. And know that it will probably be another 100 clients (or more) before you get another thank you?<br /><br />Sometimes I hate my job...Frustrated and Tormentedhttp://www.blogger.com/profile/06953232362031852628noreply@blogger.com0