It is not my job...(part 2)

It is a rainy evening and the game is on.  A young man is at his father's home, enjoying the game and some guy time.  It's half-time and the boy has a craving for some snacks that aren't in the kitchen.

"That's fine, I have a few bucks from my allowance, I will run to the corner store and be back in time for the second half of the game."

"Grab your coat, it's raining" he can hear his mother say on his way out the door.  So he grabs his hooded sweater to protect him from the rain and off he goes.

The young man successfully makes it in the store, greets the clerk who is enjoying highlights from the same game he was just watching, pays for his snack and heads back out the door.

He hears footsteps.  Initially he thinks nothing of it, people walk outside in the rain-he's doing it.

But these footsteps seem to be getting closer to him.  He turns his head slightly to peek around his hoody and sees a man uncomfortably close to him so he speeds up.

So does the man.

He runs.

So does the man.

The young man turns around to confront the man "Why are you following me?"

The man replies "What are you doing here?"

The young man tries to, literally, call for help when he is attacked, beaten down and killed....

.......

.......

As a criminal defense attorney, these are the types of cases that make your friends look at you sideways and think (or say) "How could you defend someone like THAT?!"

Well, first of all, I'm not his lawyer.  Second, if you REALLY want justice then you want someone like that to have an attorney.  You want him to have a competent and GOOD attorney.  You want someone in his corner that is going to make sure that the police did their job, the prosecutors do their job, the jury understands their role and the judge does his job.  You want someone like me that is going to make sure all of this happens because when that jury comes back and convicts that man, YOU WANT THE CONVICTION TO STICK!

If he is Pro Se (represents himself) and is convicted, he has a good case for appeal.

If he has a half-assed lawyer that barely does their job, he has a good case for appeal.

If he has a lawyer that allows their personal desire to see this man lite on fire, affect their representation, he has a good case for appeal.

It is not my job to convict a man that I truly believe is guilty.  It is not my job to set my client up for a guilty verdict and it is not my job to further corrupt an already corrupt system.  It is my job to do EVERYTHING in my power to make sure that I am oil in the very rusty machine we call the justice system.  Because being a criminal defense attorney does not mean I am blind to the fact that sometimes "GUILTY" is justice.  Sometimes "GUILTY" is a win.

Trust me, I am a human being that chose law as my profession, not a lawyer that chose to be a human being.  I have emotions, I have opinions and I hope the justice system executes justice AND George Zimmerman.  But I want him to be tried well, so that he may rot in hell.

Until next time,

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

~LT

Time is money....even if I am a free lawyer

One of the things on the long list of bad things about being a "free" lawyer is that no one respects your time.  If the judge sets a hearing for 9am - he may stroll into the courtroom at 9:30.  If opposing counsel says they'll "get right back to you later today", what they really mean is 'ask me again in a month'.  When you set a clients appointment for 2pm, they will show up at 12 noon and be completely disgusted with the fact that you have the nerve to be eating lunch.

OR

They will show up at 3:30 pm, THE NEXT DAY and swear YOU'RE the one with the wrong appointment date and time.

In my personal life, I like to be on time.  Sometimes, I realize, I even reach the point of being anal about it.  I HATE being late: to appointments, meetings, church, work, the movies-it really doesn't matter, if there is a particular time I am supposed to be there, that is what time I want to be there.  Period.  This is not to say I have never been and will never be late, I am human.  But when I'm late I get this sick feeling in the pit of my stomach and I am calling/texting/emailing/sending out pigeon messengers to the person or people waiting for me.

I digress.

It's not even about me.  What makes people not respect my time as a 'free' lawyer so horrible is that they don't seem to care that it takes time away from other cases and clients.  While I am waiting for you to grace me with your presence, I have clients that wanted to come see me but could not, because I blocked off time for you.  While I may have felt a little under the weather this morning, I drank some OJ, took 2 Alka-Seltzer and trucked it on in to work because YOU said this was the only day your supervisor would let you off.  While I am waiting for you to finish the 'shoot-the-shit' conference you are having in chambers, I have a 16 year old client in jail whose file I would really like to be working on.

"Time is money."  That adage apparently does not ring true for attorneys with non-paying clients. 

Oh the life of a public offender...

Until next time,

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

~LT

It is not my job...(part 1)

Water is slowly dripping from the ceiling, not enough to actually warrant a new roof or even a bucket, but enough for mold to be growing like grass on the floor.  The sound it creates when the moisture hits the floor is akin to wet golashes pressing against an equally wet carpet.  There is a mixed sound of sobbing coming from the left and someone having sex down the hall to the right.  With the constant and aggressive slap of skin on skin contact you can't tell if it's consensual or forced.  Actually, you can't tell if the sobbing and the sex are in fact coming from two different directions.  There is a toxic smell of gasoline and body oder mixed with mold everywhere you turn.  It's 45 degrees outside so the air conditioning is blowing full blast and although you curl up in the fetal position so that you can fit under your 3X4 faux wool blanket, the cold slab pressed against your back makes that effort pointless.  Suddenly and without warning, the brightest lights you have ever seen illuminate your surroundings.  It's 4am & it's breakfast time...welcome to the County Jail.

2 days earlier a friend called you up, he needs a ride to his grandmothers house to pick up something.  You're a good kid, senior in high school, active in sports, going to Fill-in-the-blank University next fall on a basketball scholarship.  Your parents aren't rich or highly educated but they work hard and although they never married they were both very active in your life.  You have a girlfriend and a little brother that looks up to you and wants to be JUST LIKE YOU.  You're on the straight and narrow...so you think nothing of it when your friend tells you that his grandmother goes to bed early so he has to get the spare key from the back door.  10 minutes later he comes from the back, hops in the car and tells you to go.

1 day after that you are arrested as an accessory to burglary.  The police interrogate you and based on what you share with them...you're guilty. 

yes, you know where your friend lives.


no, that was not where he lived.


no, you have never taken him to this house before.

yes, you drove him there.

no, the lights weren't on.

yes, you drove him away when he came out.

I had a conversation with an ex-coworker yesterday and he asked how I could work so hard to get 'these people' off.  Before you judge, understand that that is what most people (even if they will not admit it) are thinking when they hear that you are a criminal defense attorney.  Truth be told it is not my job to get people off.  It is my job to make sure that the police, the investigators, the state AND the judge do their job and do it right.  It is my job to make sure that your full scholarship to Penn State doesn't turn into 15 years at State Penn, simply because you were not well versed in the law or the legal system. 

People seem to take less of an issue with judges that do their 'own thing' from the bench-even when it's not the right thing.  They do not hold the same harsh light on the prosecutor that commits misconduct during the course of the trial.  But public defenders, public "pretenders", public "offenders" AKA criminal defense attorneys?  People would readily string them up by their reproductive parts and let the birds eat away at their flesh.

It's not my job to "get people off" so don't judge me. But wake up in the county jail at 4am....and that's damn sure what you'll want me to do.

Until next time,

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

~LT

Second guessing....

I didn't want to say it.  I didn't want to admit it.  I didn't want it to be true...but I don't think I want to practice law anymore.

Let me explain myself.  I went to law school because I LOVE learning and I LOVE knowing things.  I enjoy being able to intelligently form an opinion and then clearly advocate for the position I have taken.  Unfortunately, I think the quickest way to HATE the law is to practice it.  I am still searching for that area where you can do what you truly believe is right 100% of the time.  I'm not saying that I will do what is right 100% of the time, but I want to know-without a shadow of a doubt that when I make a decision--I am confident in the decision I am making...and that it is MY decision.

Working at the public defenders office means no say-so over the cases and clients I accept.  The judges appoint our office and the office case manager assigns them.  Your only way out is if the family of the defendant decide they want to hire a 'real' lawyer or if there is a conflict and our office cannot represent the client.  I have a problem with that.  I know that everyone accused has the right to an attorney.  I don't necessarily want to BE that attorney. 

As a prosecutor, you have no say so over who you prosecute so you could end up tacking a record onto a person you don't believe is guilty.  As a public defender, you have no say so over who you represent so you could end up zealously advocating for someone that your gut is telling you is guilty as sin.  Plaintiff attorney's can't tell their bank clients that they should cut a break to the little old man that ran into hard times and couldn't afford his mortgage for a few months.  Legal Services attorneys can't refuse to represent clients that have been living in a house for 2 years, without paying a mortgage.  It's enough to drive you crazy.

I know it's cheesy and cliche, but I also went to law school so I could make some type of difference in the world.  Thus far, goal NOT accomplished.

Sigh....

Until next time,

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

~LT

Better than Viagra

The jury is still out deliberating on the rape case so the attorney I am supposed to be shadowing has someone else in the office going to another court for her.  I meet this guy and he's showing me the ropes, explaining whats going on and what I need to do when I get there in the morning.  We have 3 clients that have been brought over from the jail so we're going to go downstairs to see them.  Trouble begins.

Apparently there is something that works better than Viagra....locking a man up for a little while and then introducing him to his new, young, female attorney.  3 separate clients meant 3 separate holding cells.  When we were talking to one, the other two were super glued to their doors staring out the window.  No hands in sight.  When we were talking to a client he was sitting on the bench in the cell, legs together, hands over his very apparent erect penis.  Sigh.  It's day 7 and I'm already tired of ignoring jail cell erections.

BTW, hung jury. 

I don't know if it was the fact that mom essentially pushed her daughter to get rides and money from this guy, or if it was the lack of evidence that sex of any kind-forced or consensual-had occurred, or if it was the fact that the complaining witness' mom was overly dramatic on the stand while the girl acted like this was just another day in the life, but the jury wasn't buying it.  The charge was Rape 1.  7 members said not guilty, 4 said maybe guilty of rape 2.  I guess the last guy/gal abstained from voting? 4 days of deliberating and they are back to the drawing board.

Until next time,

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

~LT

Oh happy day

I went to jail today.  It wasn't bad.  The worst part was waiting an hour before going in but once we got the see the client it was smooth sailing.  He was so appreciative it was unreal.  I know that the universe is just setting me up to NOT be prepared for that client that wants me hung since he is not getting a 'great' deal.

Oh happy day.

Until next time,

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

~LT

Don't be a baby

My initial career goal was to be an agent for the CIA or FBI.  My 2nd goal-a federal prosecutor.  I love the form and formality and the rules.  With that said, I have a lot of respect for prosecutors.  1 of my 3 legal mentors was a federal prosecutor for 26 years.  1 of my 3 legal mentors is currently a prosecutor.  It is with that respect that I say the prosecutor I saw today was a disgrace to the title.  In the 4 years I spent as a Criminology student, observing trials and interning with the Public Defenders Office, I have never seen such a level of immaturity.  In my 3 years as a law student, I have never seen such a piss poor example of what a good advocate is.  Finally, in the 4 years I have been out of law school I have never been ashamed to be a lawyer...until today.  From the time court was called to order to the time that it was dismissed for the day, if the judge entered a ruling the prosecutor didnt like--he huffed and puffed.  If the judge required the prosecutor to explain his line of questioning or respond to an objection--he huffed and puffed.  LOUDLY. 

Really?

Grow up man.  Put your big boy pants on and lets get on with this.

Until next time,

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

~LT