Side-tracked; no pun intended (well..maybe just a little)

I created this blog for two important reasons. First, I wanted to chronicle my 'life' and growth as a public defender. Honestly, when I started the blog I wasn't sure how long I was going to last in the public defenders office. Though it has not quite been three years yet I must admit I have been at it a lot longer than I thought I would and I have learned way more than I ever realized I never knew (pause for a minute and re-read it. I know it looks wordy but it makes sense. Promise.)

The second reason is because I love writing. As a little girl I wrote, as a teenager I wrote, as a young adult I wrote and now, as an early thirty-something still trying to figure out what I want to be when I grow up 'for real', my dream, my passion, my love and my life has always been and continues to be intertwined in writing.

It is for the second reason I am blogging today. Amtrak has opened up an amazing opportunity to writers and as green as my writing and I may be, I would regret it forever if I did not jump at the opportunity to be considered.  By creating the #AmtrakResidency Program the company will award up to 24 writers with a 2-5 day overnight trip in a sleeper car in order for them to focus on their craft with limited interruptions. As a public defender, as a single mother and as a full-time worrier, this is an opportunity that would bring me to "I-just-met-Johnny-Depp-AND-Dolvett-Quince" tears.

While this is not an opportunity that will be determined based on the number of votes someone receives, the terms and official rules do state "[t]he ideal candidate will possess strong writing skills as well as extensive social media connections." My hope is that, if there are any of you out there actually reading and enjoying the thoughts, gripes, fears and worries of an anonymous public defender, that you will 'like' them on Facebook, 'follow' them on Instagram and blow up their Twitter feed with support for yours truly.

I cannot promise you that the trip will end with me in possession of the next great American novel, but I can promise you I will spend every single minute in that car striving for just that.

Until next time,

Be blessed, be careful, never consent and never confess (what? I'm still a lawyer lol)

~LT

Preliminary Hearings (or, The three sweetest words)

In my jurisdiction the first time a client will be in front of a judge, with their lawyer, getting substantive information about their case is at the preliminary hearing. Most of the time, attorneys (usually private attorneys, sadly) will waive their clients hearing without consulting them, especially if they are not in jail (more on that later). Not as frequently, the client will demand their hearing and the defense attorney will actually have one. These hearings are usually held for a variety of reasons, none of which is to actually get a 'no probable cause' finding from the judge. While it would be ideal to have a judge declare, in open court, in front of the prosecutor, your clients family and the officers that there was not probable cause to arrest your client, the reality is that it just doesn't happen.  Since 'no probable cause' is not expected in my jurisdiction, preliminary hearings are essentially depositions. They are a tool to get the officers' testimony recorded so they can't change their story later on the day of trial, they are an investigative measure to find out what other evidence or witnesses are out there that you can work on securing now, or they sometimes serve as a reality check for your client who swears the officer/victim/witnesses isn't going to show up in court and testify against them.

Oh but miracles do happen.

I sat and watched a colleague of mine hold a hearing and from the very beginning things were not looking great for the case agent. He showed up 15 minutes late in front of a judge that runs a pretty tight ship.

(http://bcbha.wordpress.com/author/dcule/page/24/)

When the agent arrived he tried to sit behind the prosecutor and just watch the agent filling in for him continue to trip his way through testimony. The judge eventually saw said agent sitting in the gallery, stopped testimony and called him up. After the judge thoroughly chewed out the agent, embarrassed him and pissed him off the testimony continued. It only got worse.

Apparently, the client was involved in a drug transaction with a confidential informant (CI). This informant was searched, their vehicle was kind of searched and their passenger (yes, passenger) was not searched at all. As my colleague confirms the presence of a third person who was not searched by any member of law enforcement before being permitted to participate in a ride-a-long, the judge couldn't contain him self any longer and just had to clarify the series of events for himself:

You met with a CI? 'yes'

You searched the CI? 'yes'

The CI did not have any drugs on them? 'no'

The CI was going to buy some drugs from the defendant? 'yes'

But the CI had another person with them? 'yes'

This person was NOT a CI? 'no'

This person was NOT searched? 'no'

There was no other law enforcement in the vehicle with the CI and their buddy? 'no'

The wire on the CI does not clearly show the defendant handing the CI drugs? 'no'

No lie, this is how the judge looked at the prosecutor:

Strike 2 (http://www.slate.com/articles/sports/sports_nut/2005/10/the_umpire_and_his_discontents.html)

The judge calls my colleague and the prosecutor up to the bench so they can have a candid discussion about what the judge is willing to entertain. Earlier I mentioned that preliminary hearings are waived if a client is out of jail; well, in our jurisdiction if a client is out on bond and they still demand their preliminary hearing, the prosecution can declare 'no probable cause'. For some reason, some people believe this means their case is over with and it goes away. The only thing it is successful in doing is taking the client from under the bond restrictions while their case is pending indictment. All cases, whether there is a probable cause finding at the preliminary hearing or the hearing is waived, proceed to the grand jury for presentment. If the grand jury indicts a defendant that is already on bond for said offense, nothing happens, their arraignment is scheduled and the case continues through its life cycle in the court. However, if the grand jury indicts a defendant who is NOT on bond for the charges, a bond is set and the client is picked up by local law enforcement and re-booked so they can post bond.

Ok, back to the topic at hand. It is safe to say the judge is pissed but he knows if he declares no probable cause the defendant will be released today but just get picked right back up later. The judge wants to know if there is ANY bond amount the client's family can afford to post. No. They state they can't afford to post even a nominally set bond amount. The judge inquires of the prosecution (regarding what I don't know since this is taking place at the bench) but is none too pleased with her response because the next thing I hear is :

"Let me make this PERFECTLY clear, jail is not to be used as a tool to force someone to plea!"

So what's up with the title? I'm glad you asked. The three sweetest words I have heard all week: 

"no probable cause"

Until next time,

Be blessed, be careful, never consent and never confess!

~LT

Trial butterflies

I have a jury trial next week. It is not my first trial but it is my very first jury trial where my trial coach is the presiding judge. I am expecting a silent critique throughout the trial and will spend almost as much time worried about disappointing him with my 'performance' as I am worried about disappointing my client. It does not help that I believe, deep down to the bottom of my soul that my client should be found 'not guilty.' Not only do I believe he should be found 'not guilty', I believe the evidence is so blatantly clear that he is not guilty that a guilty verdict would be my cue to quit my day job. Literally.

(http://mygratitudelife.wordpress.com/2011/11/14/day-221-butterflies-in-your-stomach/)

Until next time,

Be blessed, be careful, never confess and never consent.

~LT

*******3/05/2014*******UPDATE

Case dismissed!!!!

My top priority

I must admit I do not know what it is like to close my eyes and open them the next morning, still inside of a county jail. I do not know what it is like to lay my head down and get back up the following day with my child still behind bars. I, thankfully, do not know what it is like to be housed in a treatment facility for mental health, drug abuse or alcohol abuse. I do not know what it is like to be my clients so I try to take that into consideration when they work the very last nerve I have left for the day. However, if I could be so small as to say, they don't know what it's like to be me either. They don't know what it's like to have hundreds of lives depending on you each day, they do not know what it is like to be awakened by the sickening feeling that they have forgotten something that may cause hell in the life of another. They do no know what it is like to have over 200 pairs of eyes looking at you for the answer, each one believing that they are last on my priority list.

I know there is a lot my clients wish they could tell me. Well, I wish I could tell them something also...

If you are in jail--you are a priority to me

If the judge told me to report back about you--you are a priority

If my boss asks about you--you are a priority

If you are facing prison time--you are a priority

If you are facing probation revocation--you are a priority

If you are pending youthful offender status--you are a priority

If you are pre-indictment--you are a priority

If your offer is about to expire--you are a priority

If you do not have an offer in your case yet--you are a priority

If you are a mother--you are a priority

If you have a mother--you are a priority

If your mother calls and calls and calls to bug me--you are a priority

If your mother could care less about you--you are a priority

If you are a first-time offender--you are a priority

If you are facing habitual offender status--you are a priority

If I have all of the discovery in your case--you are a priority

If I have yet to receive the discovery in your case--you are a priority

If you are a father--you are a priority

If you have a father--you are a priority

If your father calls and calls and calls to bug me--you are a priority

If your father could care less about you--you are a priority

If your parents are also felons--you are a priority

If your parents swear they didn't "raise you this way"--you are a priority

If your spouse is sick or disabled--you are a priority

If your parents are sick or disabled--you are a priority

If your child(ren) is (are) sick or disabled--you are a priority

If your kids are well--you are a priority

If you are the sole income in your home--you are a priority

If you stay at home to take care of the house--you are a priority

If you have mental health issues--you are a priority

If you have been set up--you are a priority

If you want a trial--you are a priority

If you just want to plea and get on with life--you are a priority

If you are innocent--you are a priority

If you are guilty--you are a priority

(http://www.csuchico.edu/~nwylde/250/digpaint/JakespsySelf.jpg)

The moral of the story is you are a priority to me, no matter your situation, I understand you have a situation. The problem is you are not my only priority.

Sigh...I need an assistant.

Until next time,

Be blessed, be careful, never consent and never confess!

~LT

$66.00

In our jurisdiction is it not uncommon for prosecutors, city and state, to make conditional offers of dismissal. Usually it's something akin to "dismiss upon payment of court costs, dismiss upon completion of anger management, dismiss upon (fill in the blank), etc." Typically, clients are grateful for getting these offers because either (1) they have admitted to you they are guilty and they are grateful to have the opportunity to guarantee a dismissal, or (2) they are maintaining they are not guilty but they feel as if the evidence in possession of the prosecutor is enough to convict them and they do not want to risk being convicted at trial.

Typically clients are grateful.

This week I witnessed the funniest, the most shocking and the most heart-warming thing I have seen in a courtroom in a long time.

A co-worker walks over and has a seat, informing those of us sitting there that his client is going bezerk. He claims he never agreed to a conditional dismissal and he isn't paying any money. For the next 20 minutes, he paces. He keeps glancing over at us, mumbling to himself and moving his belongings from one seat to another.

His case is called and my co-worker warns the judge that this particular person may be a bit of a problem. He was not wrong. This guy starts talking about the shit storm that is coming, the money he isn't paying, the judge is just going to have to put him in jail, und so weiter. The judge dismisses him in order to avoid disruption in his courtroom and tells my co-worker that he will just give him another court date. Hopefully one that falls after the client has been regularly taking his medication.

My co-worker walks back over to where the defense attorney's, public defender and private bar, are sitting and someone asks how much the client owes in court costs.

$66.00

"How much has he already paid in court costs?"

Nothing.

"Wait, all he EVER owed was $66.00! Are you serious?!"

Yup.

The private attorney next to me pulls out his wallet and hands my co-worker $10.  The private attorney sitting behind him pulls out another $10.  The first donating attorney gets the attention of another attorney and says "hey, all this guy needs is $66 and this shit is over." Private attorney number three pulls out a $20. The judge looks over and sees people essentially throwing money in my co-workers lap when he calls over one of the private attorney's.

The private attorney comes back from the bench and takes his $10 back from my co-worker as he relays the message that the judge is dismissing the case and my co-worker can tell his client that he doesn't have to come back.

The moral of the story?

Tell your clients to stop taking their meds about 2 weeks before the next docket. Miracles will happen. lol...I joke, I joke, I kid, I kid.

Seriously, seeing how the private members of the bar stepped up in order to help out a fellow defense attorney (trust me, they did it for him, not his client) was very heart-warming.

I share a lot of gripes and bad news, I figured I would share a little ray of light.

Until next time,

Be blessed, be careful, don't confess and don't consent.

~LT

Imagine...

It's Friday night and your friends are bugging you about going out again. You have said 'no' for the last 3 weekends but they just aren't getting the hint. You know they are just worried about you because you and your girlfriend broke up last month but you really haven't been in the partying mood.

You're on your way home from work and you get a call from yet another friend.

"You need to come out, if for no other reason than to keep (fill in the name of the friend you have that you are always bailing out of trouble) from getting into trouble" your friend says. You sigh, roll your eyes and agree to meet up with them later.

Fast-forward a few hours and you are at the club, the crowd looks pretty nice, no one is starting any trouble and the music selection has been good. Then you see her, the most beautiful female you have seen in the place all night. Not only is she beautiful but she is sexy too. Coke bottle figure, form fitting dress, heels that make her legs look like they go on for days and a smile that could melt Antarctica.

Miss Sexy Beautiful sits next to you and says 'hello.' The two of you strike up a conversation at the bar as you watch your respective friends get drunk and dance. You assume she is the designated driver for the night because she never orders a drink and turns down your offer to buy her one.

The night is coming to an end so you and Miss Sexy Beautiful exchange names and phone numbers. You're not about playing games so you call her that night and the two of you talk all night long.

Fast-forward to next Friday, Miss Sexy Beautiful has asked to come to your place to 'hang out.' Of course you said 'yes'...she's MISS SEXY BEAUTIFUL! She comes in wearing jeans and a local University sweater and before you know it, the two of you are in the bed, the jeans are on one side of the room, the sweater is on the other and she is pulling your jeans off as you admire her matching Victoria's Secret underwear.

You and Miss Sexy Beautiful have had sex. She doesn't want to stay overnight, she makes some excuse about getting up early for something or other, kisses you and leaves.

Two weeks later you have not heard from Miss Sexy Beautiful and whenever you call her you are sent to voice mail. Your texts either go unanswered or she is very brief. You're chalking it up to a one night stand when you answer your front door to find the county deputy there ready to serve an arrest warrant.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Fast forward 5 years, the case involving the warrant the deputy was on your doorstep to serve has been resolved. At your attorney's advice, you plead guilty, paid your fines and attempted to move on with your life.

You lost your apartment, it was too close to a park;

You lost your job, it was too close to a school;

Your friends don't want to hang out with you, your face is in the $1.00 circulars sold at gas stations;

It has been hard for you to get a job because not only do you have a felony, you have the worst kind of felony.

                                                                      Rape.

No one really cares that it is rape in the 2nd degree which means you didn't force yourself on anyone. No one is bothered to find out that the young woman you allegedly raped looked, acted like and SAID she was 18 years old. She wasn't. She was 15...

You met her in an adult club?     So what?

You conversed with her at a bar?    Who cares?

She told you she was 18?    And?

You believed her when she told you she was 18?     That's your problem.

She looked 18?     Well, she wasn't.

Guess whose problem that is? YOURS.

Welcome to the life sentence that will make you more of a leper in society than women beaters, child abusers and murderers.

                 YOU ARE NOW A REGISTERED SEX OFFENDER. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

While the facts may not be exactly the same, the general gist of the Rape II story is. Rape in the second degree (most of the time) means that some little girl lied about her age, and some horny man believed her.  But think about this for a moment...even if the man didn't believe her so he demanded to see her driver's license and her driver's license said she was 18, he spoke with her mother and her mother (trust me, I have had it happen) said she was 18, he demanded to see her birth certificate and the date on what looked like an official birth certificate said she was 18 so he figured he had covered all of his bases but lo and behold that young lady is NOT 18, but 15.....Mr. Triple Check'em can still be convicted of Rape and forced to register as a sex offender.

This is the state of our system today because no one wants to be the one politician that is viewed as being soft on 'sexual predators', no one wants to hold the lying underage female (or male) accountable if it can be proven they lied about their age; no one wants to say to parents 'hey, how about you tell your daughter to take her breasts and her butt off of instagram and facebook.' So men and women who were 'tricked' get lumped into the same category as men and women who held someone down and forced them to do something against their will...smh...I keep saying it-I should have been a nurse.

I'm just on my soapbox today for some reason, no real moral to the story.

Until next time,

Be blessed, be careful, don't confess and don't consent.

~LT

Motion of discovery

I should be wearing this today:

I hate, I hate, I HATE when clients (or their family members) say boldly and with a tinge of indignation in their voice:

"I want my motion of discovery."

Today was just a bad day for me to hear it. I know, I am not supposed to take my bad days out on my clients, or anyone for that matter; but I am human. My client came in demanding his motion of discovery....so I gave it to him....


...not the discovery.



...



...



...the Motion for Discovery.



I know. I'm bad.

Until next time,

Be blessed, be careful, never consent and never confess.

~LT