Theme song of the week: "Tell me what you want me to do" by Tevin Campbell

After reading yet ANOTHER letter with my client begging and pleading with me to give them another chance, as if it is all up to me, I started humming this song in my head. I never realized how fitting it was and I have decided it is my "Public Defender Song of the Week."  I have not typed out the lyrics in their entirety, but there are some that hit pretty near and dear to my exhausted heart.

"You called me up, and I came to see you."--My client's know that I am busy, they like to tell me that in between projects they assign to me as their personal assistant on the outside. Nevertheless, this first line hits home because it wastes no time getting straight to my duties as a public defender. You call me up-I come. Even though I just spoke with you yesterday. Even though I just sat on the phone with your mama for 20 minutes. Even though I just had your baby mama in my office and wrote the answers to her questions on a sheet of paper so she could recite them to you when you call her later that evening. I come even when I know you have nothing to talk about. I come even though I know you don't like me. I come even though I know the only reason you want me to come is because you do like me. You rub that damn lamp and I come. Aladdin has nothing on you.

"It hurts me deep inside, when I see you crying."--I don't have many female clients, most of my clients (and almost all of my incarcerated clients) are men. While tears usually do not move me, I cannot stand to see a grown man crying from anything other than physical "I-just crashed-my-motorcycle" pain, or when they find out their mother or child has passed away. Anything else just makes me feel uncomfortable; so while it may not hurt me deep inside, it makes me want to leave the jail even quicker. I can't offer you a tissue, I'm not allowed to bring them in. I can't give you a blank sheet of paper, that's uncomfortable for you and it looks suspicious to the C.O. watching us on the security video. You can't clean your tears (or your snot) on my sleeve so, I just sit there. And awkwardly watch you cry. While trying not to get caught stealing a glimpse at my watch.

"Whatever's wrong, I'll make it right."--sigh...I will TRY, I will TRY to make it right. This is what I want (but do not [often]) say to my clients. Think of your case as a totem pole; do you know where I am?

Believe it or not, sitting at the very top is YOU-I do not have any power over you being in a place, being with people, possessing a thing, using words, engaging in actions that cause you to get arrested. I can try with all of my might to fight any Constitutional violations made when the proof of said actions/words/things were obtained, but as Smokey the Bear would say, "Only YOU can prevent" your life from being set on fire.

Next up is the law enforcement officer-they make the decision to arrest. Do I wish I could be a little devil/angel combination sitting on the shoulders of every law enforcement officer with arresting power so I could convince them NOT to arrest you? With all of my little heart! I wish it more than Pinocchio wished to be a real boy. Oh, if only wishes were fishes....

Next in line is the warrant clerk, the prosecutor's office, the grand jury, any witnesses or victims and THEN me. Really, when you take a look at the visual, I feel even worse for you than I did before. I can promise you I will try my best to shake things up at the bottom of the totem pole, but that's about all I can do from this view.

And finally....

"Tell me what you want me to do ooo-oooh-oooh"--you write me and say "I know I did wrong", "I need one more chance", "I'm begging." This is the line that made this song the song of the week; because this is my client. This line covers both sexes, all races, all nationalities and backgrounds. Once my clients are incarcerated, especially after it's an incarceration that occurred AFTER I just got them out of jail, they become Tevin Campbell. "Ms. Public Defender, tell me what you want me to do", "Ms. Public Defender, I will do anything", "Ms. Public Defender, I just made a mistake"...und so weiter...

I want so badly to tell them "Oh Mr./Ms. Campbell, there isn't anything you can do right now, no amount of begging ME is going to get you anywhere. See, you have me so that I can beg the judge on your behalf. I am at the bottom of the totem pole, remember? I have no power. I have the United States Constitution and, depending on what the judge had for breakfast, even that may not be enough. I will proudly and boldly stand in my uncomfortable heels and my uncomfortable suit, donning an uncomfortable smile....all for you. I will fight for you, But I can't promise you that it will get the result you desire. 

Begging me just makes me feel even worse when things don't go our way. So please stop.

Until next time,

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

~LT

Lion versus swan

Growing up as the only girl with five brothers, you learn to be tough. Oftentimes it has been harder for me to be nice and soft than it has been for me to be hard-headed and bad-ass. One of the greatest things that could have ever happened to me was making the trial team and getting under the tutelage of my trial coach. He helped me to realize that rather than attacking like a hungry lion going in for the kill, some witnesses would be better approached in an "I'm-a-gentle-swan" like manner.

(http://www.cracked.com/article_15853_the-6-cutest-animals-that-can-still-destroy-you.html)

People like the swan; they hear that word and they think of Disney and the ballet. The swan is a beautiful animal that represents grace and love. In fact, when a swan is head to head with their mate, they even form a heart-the universal symbol of love. Taking the swan approach paints a fantasy of the kind of person you want the witness to think you are; but once the witness has gotten comfortable with your style, your grace, your charisma, just like the swan....

you attack!!

(http://www.telegraph.co.uk/earth/wildlife/9240768/Violent-swan-Mr-Asbo-finally-removed-from-Cambridge-river-after-attacks-on-rowers.html)

Honestly, once I learned the swan attack technique, it became just a tad bit more fun than the lion approach. However, every once in a while, you may intend to approach a witness with style and grace and they....well, they just won't let you.

This morning, I was watching a colleague of mine in a motion to suppress hearing, question a state trooper about the bang-up job he did on a DUI stop and the guy was a jerk. Not just a little bit of a jerk but a real live, "yeah-so-I-didn't-do-my-job-and-why-are-you-making-a-big-deal-out-of-it" kind of jerk. This colleague of mine approached the trooper with swan-like grace, with no intention of attacking the trooper but he BEGGED for it.

The manual says you are supposed to conduct the test on a flat surface?

Yes

You conducted the test on a slope?

Yes (with shrugged shoulders)

The manual says you are supposed to conduct the test on a sturdy surface?

Yes

You conducted the test on asphalt with gravel?

Yes 

The manual says you are supposed to conduct the test on a dry surface?

Yes

You conducted the test on a wet, muddy surface?

Yes (shrugged shoulders again)

The manual says you are supposed to use an actual line?

Yes

You told Mr. Client to walk an imaginary line?

Yes

Keep in mind that through all of this, the Trooper is looking at my colleague like she is a chicken with a dog head. He is answering questions like he cannot believe he has actually been called into court and he is being an asshole. 

I can't wait to see him testify in front of a jury.

Until next time,

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

~LT

****************UPDATE******************

Motion for mistrial granted, then judge advised the prosecutor he was going to move the case to his admin (where cases go to die) docket and he wanted them to seriously consider whether it was a good idea to try this case again because he highly doubted it would get past a motion for judgment of acquittal. I'm counting that as a win! (I ended up sitting in for my co-worker so it counts.)

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