May 11, 2011
November 14, 2010
May 16, 2009
THE TRUTH
Somebody asked me if I ever asked my clients to tell me “the Truth”. “The Truth”? Why would I do that? Why would I want to hear something that could burden the both of us? I never do. I tell them what they’re being charged with. I tell them what the cops say. And then it’s their turn. If they want to tell me “the Truth” then, o.k., what am I gonna do? Sometimes I believe their story and sometimes I don’t, but I know one thing. I never ever “know” for sure if it’s really “the Truth”. Besides, it’s the DA that’s supposed to be “seeking” “the Truth”. Honestly. That’s how it’s supposed to work. I defend my clients legal rights and the DA seeks “the Truth”. Somewhere it’s written in the DA rules or laws or canons, whatever, that they are supposed to do that. I’m sure there are those DA’s who take that very seriously. But I don’t think all of them do. I think they are human and they want to win. And that usually means that they “believe” my guy is guilty.
Lots of time my clients never even attempt to tell me “the Truth” which I appreciate. Then I can concentrate one hundred percent on doing whatever I can to do my job.
Believing your client’s story is usually a big risk because that might not be enough to get him acquitted. For instance, kidnapping someone and demanding $50,000 to release them because the person “fucked my wife” is not actually a full defense, although it may be the truth. Sometimes the truth isn’t good enough for the job at hand which is staying out of jail.
April 23, 2009
THE BIRDS DO IT THE BEES DO IT EVEN CLARENCE DARROW DID IT
Sometimes I wish I was a DA. I look with envy on their lot. (well except for those in the welfare fraud division who have to prosecute poor people in wheelchairs for being a little greedy with the dole) The reason I envy DA’s is that they have such an easy time of it in trials. All they gotta do is show the jury what my guy (the defendant) did and they’ll usually get a conviction. It’s really as easy as all that. They don’t have to come up with arguments like this:
defendant is accused of threatening a witness to a crime to dissuade the witness from testifying (this is a crime in itself – PC 136).
Defendant says: “snitches die with stitches.”
The argument: “This was not a threat, it was simply an observation.”
Now I didn’t make this pathetically strained argument. I heard another lawyer do it. He obviously had nothing else. The joke is if it came down to it I’d probably make this argument too, if I had nothing else. I know this because I’ve made them. Shudder. Probably some of them worked. Hallelujah!
September 19, 2008
THE BEST GIG IN THE WORLD
I’m sitting in Long Beach waiting for my case to be called. I’ve been there since 830am- it’s 1030am already. I’m there to set a preliminary hearing for a new case – a little homicide. There are two defendants – it would’ve been zip zip but the attorney for the other guy hasn’t showed up. The DA got tired of waiting and went back to her office. I’m calling this lawyer and calling him – I’m calling and he’s not coming. There’s nothing I can do until he comes. Then this guy sits down next to me in front of “the bar”. I’ve seen him around for years. Never had a conversation with him. He’s got a pony tail and I’m prejudiced. We start talking about this DA dying. “We’re dropping like flies” he says. I agree. Then he says how he goes to a court sometimes where’s he’s been going for 30 years and nobody knows him and he doesn’t know anybody. I empathize. And then he said “but you know – this is still the best gig in the world isn’t it?” “Yeah it is.” I agreed.
August 21, 2008
DAistic – i’ve just coined it – it means – "Oh I represent the PEOPLE and I’m one step from heaven."
In court to set trial date on a case with over 20 robbery counts. It’s a new DA on the case. She asks me for my card. I give it to her. “What’s your cell number?” she says. I give it to her. “What’s your cell number?” I innocently ask. She looks at me a little surprised. “Oh I can’t give you that.”
These are the important moments in the CRIMINAL JUSTICE SYSTEM
