Celebrating 10 years! 2007-2017

I will be walking into a slaughter

Tomorrow, I am scheduled to commence trial in a case where t cacrimdefense03/26/18
Yeah, i've done many cases like that as a public defender. F dopesmokeresquire03/26/18
If you can, stick her in an oversized tweed librarian outfit therewillbeblood03/26/18
Yeah. Did this before. After the client was found guilty, he fettywap03/26/18
I've got two merits hearings coming up (Immigration) which h isthisit03/26/18
The joys of criminal defense work. I'm sure you already did, thirdtierlaw03/26/18
These are the situations where I'm absolutely confused. I k lilgub03/26/18
Ah, the loss of housing dilemma. I've represented clients-a- cacrimdefense03/26/18
Housing is a constant issue I deal with. But with the except thirdtierlaw03/26/18
LOL. Could you really say that? You would actually be sancti gladigotaphdinstead03/28/18
They think the judge will take pity on them and let them off fettywap03/26/18
Dude (or lady)... whatever. Everyone in the court room knows garfieldfan03/26/18
Dont throw in the towel before the trial starts. Come up wit corneroffice03/26/18
I'm not giving up, I'm being realistic. My client is guilty cacrimdefense03/26/18
Good luck today OP. wutwutwut03/27/18
Good luck, OP! Please update with thr result and client reac tcpaul03/27/18
Try being a court-appointed attorney. My prior boss did tha qdllc03/27/18
The judge tried to facilitate a plea settlement (trying to f cacrimdefense03/27/18
I handled a case for a guy who committed 7 felonies in about shikes03/27/18
Wow, you get stripes for that one. Your guy insisted upon sn cacrimdefense03/28/18
Great story mate - very interesting how emotions can lead a richardrose03/28/18
As in AUSA Richard Rose? jd4hire03/28/18
MAn, wish I Did criminal defense. I do Plaintiffs pi. It’s physicssezno03/28/18
I just had a lawsuit against me dismissed by a client in pri orange904/06/18
Was prosecuting juvenile misdemeanors. Charged a girl with d pisces21304/06/18
I am in the middle of a restraining order trial. In my state orange904/07/18
Good work! cacrimdefense04/07/18
So what happened? tcpaul04/09/18
The case got continued to the second half of this month. cacrimdefense04/10/18
I love when clients do that. So helpful. tcpaul04/10/18
Bump. Hoping for an update. tcpaul05/01/18
Trial started at the beginning of last week. My client would cacrimdefense05/02/18
Thanks for the update. Isn't it oddly frustrating when you'r tcpaul05/02/18

cacrimdefense (Mar 26, 2018 - 12:15 pm)

Tomorrow, I am scheduled to commence trial in a case where the evidence is overwhelmingly bad (for the defendant). My client is as guilty as the day is long, and the substance of her guilt is recorded in e-mails and phone messages.

Is it a terribly serious matter? No, she's facing a single misdemeanor charge. Is it unusual to be representing an individual who is clearly guilty? Hardly, but this one insists upon going to trial. For her purposes, my services are free b/c she is a family friend of the owner of a firm that forwards lots of cases to me (the lawyer who runs that firm will be paying the tab).

Have I candidly explained to the defendant the weakness of her case and the potential consequences? Yes, and she doesn't care. The facts surrounding my client's situation ultimately resulted in the dissolution of her marriage, and she feels she has nothing left to lose. She's willing to do a year or less in county jail.

Is she stupid? No, she's deluded. Unlike a lot of hood rats I represent, this one got a couple years worth of credits at a top flight university here in Cali. When she speaks, she sounds educated ... until she goes hood. Her problem is she's simply not looking at the situation rationally.

Is the matter being heard in a courthouse where a defendant has a semi-decent chance or better of catching a couple sympathetic jurors? No, it's in San Diego County.

The ironic thing is that the owner of the firm from which this matter came to me, was relying on me to scare her off. She was chattering at him at a family function about plans to file all sorts of insane civil rights claims (family members asked him if he would please help her), when she mentioned this misdemeanor charge she picked up, related to the situation. In this, he saw what he believed was his salvation. He figured he'd send her in my direction, and he was relying on me to do what I always do: Look at the evidence and then give the defendant my honest opinion about her case. He believed she'd become angry and promptly fire me. The problem was I did what he expected and she didn't care.

She wants to testify and believes the jurors will find her terribly persuasive.

Actually, this will be good practice (assuming the client doesn't get cold feet the day of trial, which I would consider a blessing). I'm going to have to come up with something to try to flip a couple jurors to hang this jury.

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dopesmokeresquire (Mar 26, 2018 - 12:23 pm)

Yeah, i've done many cases like that as a public defender. Funny how they want a trial when they don't have to pay for it.

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therewillbeblood (Mar 26, 2018 - 5:58 pm)

If you can, stick her in an oversized tweed librarian outfit, gold-rimmed glasses, and tell her to sound posh.

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fettywap (Mar 26, 2018 - 12:32 pm)

Yeah. Did this before. After the client was found guilty, he called me for months saying he was going to sue me and trying to extort money from me.

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isthisit (Mar 26, 2018 - 12:52 pm)

I've got two merits hearings coming up (Immigration) which have weak facts but I'm stuck with these clients since I'm inheriting it from a previous attorney who left.

One for sure will report me to the bar if I lose. The other may or may not.

I feel for you OP.

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thirdtierlaw (Mar 26, 2018 - 1:21 pm)

The joys of criminal defense work. I'm sure you already did, but write a "c.y.a." letter outlining the evidence that also includes the warning that sentencing may be harsher because she wasn't taking responsibility.

I'm dealing with a similar situation now except with multiple felonies. The State has made an amazing offer because they are so busy right now. Like unbelievably good, especially for that county. The charges are based on 4 controlled buys, one buy with audio. Then throw in text messages about the sale as well as personally identifying messages in those texts to help identify my client. My client is refusing to take any offer because if she gets convicted of a felony she'll lose her housing. The State is absolutely refusing to amend down because they have her dead to rights and they already made an unbelievably generous offer. So this woman is going to go to jail for absolutely no reason.

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lilgub (Mar 26, 2018 - 3:21 pm)

These are the situations where I'm absolutely confused. I know these folks are trying to look at it rationally by thinking "If I plea, I'm screwed and if I lose, I'm screwed, so I might as well take a shot in the dark at trial" but they fail to realize that any defense offered is probably even beyond the smell test, so a shot at "getting lucky" isn't worth the significant excess of jail time.

I get it, but I also don't get it. I think there's a thought that it's a gamble and I suppose it is, but it's such a minute shot, it's negligible.

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cacrimdefense (Mar 26, 2018 - 3:27 pm)

Ah, the loss of housing dilemma. I've represented clients-a-plenty in that situation.

If the person is convicted of ________, the benefits will be discontinued and ______, _______ and
_____ will be out on the street.

I've got one brewing in another part of the Golden State somewhat similar to what you described. My guy is an AARP type with an impressive criminal record that goes back to his teens. No felony convictions (yet), just a whole bunch of substance abuser ne'er do well stuff (Drunk in Public, DUI's, Possession, Resisting Arrest, Petty Theft, Disturbing the Peace, etc.). Basically, this guy was the inspiration for the t-shirts emblazoned with the phrase: Instant Asshole. Just Add Alcohol.

On this particular occasion, the elderly defendant, who had been sober for at least 5 years, kicked back a six pack and whacked his GF (half the defendant's age) around when she complained about his falling off the wagon. The neighbors hear a commotion, ask if she's OK, and the GF shrieks for help in response. When LE arrives, she describes all manner of physical abuse (much of which correlates w/ photographs of bruises on her body). After reviewing the police reports and my guy's record, the prosecutors charge him with multiple felonies.

The problem: My guy is the source of income for all occupants in the home (The defendant, the youthful GF and her two kids). Said income will be lost if my guy spends over 30 days in county. The DDA has offered six months (and it's not a bad deal in view of his record and the strength of the evidence). Now the GF is claiming "I don't remember anything," figuring this will get the defendant out of trouble. Meanwhile, my client has been lecturing me that the prosecutors and the judge "... will just have to understand!"

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thirdtierlaw (Mar 26, 2018 - 4:10 pm)

Housing is a constant issue I deal with. But with the exception of one or two prosecutors, I have not seen the prosecutors or judges be very sympathetic to the issue. We have such a subsidized housing crunch in our state that there are people who aren't out selling drugs on waiting lists for housing. So the State much rather see those struggling to make ends meet the legal way get the housing vs. a person running a small pharmacy out of their living room.

I understand that a large part of this is cultural as well. Most of my clients who are facing serious felonies are friends with other people who are committing serious felonies, so there is a disconnect. It's incomprehensible to them that a jury won't care, and can't even consider, why she was selling drugs out of her place. Or that a jury won't see selling a variety of different drugs as not a big deal. In her mind, that is what everyone does now and then. But I really don't even have a clue as to what my cross-examination is going to look like.

"Officer Friendly, you fabricated this audio tape didn't you!", "um, no." "Ok, no further questions your honor."

Or of the officer who actually purchased the drugs, "Isn't it true that you're a known purchaser of drugs?!" "Um yes, that is my job. That is one way we catch drug dealers."

I guess at least in closing, I could then argue, that "no" is exactly what a person who fabricated the audio tape would say, and that you can't trust anyone who purchases drugs while on the job.

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gladigotaphdinstead (Mar 28, 2018 - 10:14 am)

LOL. Could you really say that? You would actually be sanctioned or something, right? I would burst out laughing if I was in the court room.

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fettywap (Mar 26, 2018 - 3:26 pm)

They think the judge will take pity on them and let them off even though they admit to the crime. It's like they've never met a judge in their lives. Judges don't care.

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garfieldfan (Mar 26, 2018 - 8:55 pm)

Dude (or lady)... whatever. Everyone in the court room knows the criminal defense attorney's clients aren't a reflection on him or her. Come on. Early in my career, I once had to try a terrible DUI case involving an accident where the defendant was immediately caught while trying to flee the scene on foot. BAC was like in the .3's IIRC. You don't even want to know the defense my client demanded I put on. I did. The result was predictable.

Anyway, the prosecutor said before "are we really having a trial?" And he knew based on the look on my face that we were. But look, they get it. There are nuts out there.

Critically though, and this is what I came here to write.... you MUST put in writing to your client describing the strategy they want you to put on.be wish washy. You cannot say "don't go to trial" of course. but you can say "you have a fundamental right to a trial, but the DA's current offer is X" then something about there being compelling recorded evidence for which we have few answers or something like that. Then you should counsel her that "many defense attorneys never want to put a defendant on the stand. While my thoughts on the matter are more flexible and of course the choice to testify (or not) is a foundational one of our justice system, and the decision to do so (or not) is yours and yours alone. You have indicated an interest in testifying and it appears that's your inclination. That is your absolute right. I would advise you to anticipate questions on (the compelling recorded evidence against you)."

If she has priors, usually number but not content is admissible, raise this and note it goes to credibility. Then walk through her preferred defense and note you will do your best and honor her wishes and rights, but that x, y, and z facts cut against what she wants you to do.

Long story short, if you lose, this is a possible bar complaint. If you have everything documented it will be a lot quicker and easier to deal with,

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corneroffice (Mar 26, 2018 - 9:12 pm)

Dont throw in the towel before the trial starts. Come up with an alternative plausible that points to not guilty.
I do criminal defense in LA. Love to beat up on misdemeanor prosecutors.

Hope it goes well.

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cacrimdefense (Mar 26, 2018 - 10:53 pm)

I'm not giving up, I'm being realistic. My client is guilty and it's obvious. I have never taken a case to trial before with evidence this bad. That being said, I look at it as a challenge. I am intent upon flipping a couple jurors by making her appear to be sympathetic.

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wutwutwut (Mar 27, 2018 - 7:32 am)

Good luck today OP.

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tcpaul (Mar 27, 2018 - 8:15 am)

Good luck, OP! Please update with thr result and client reaction.

Personally, I almost prefer cases where clients force me to do things against my recommendations. It really takes the pressure off of me.

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qdllc (Mar 27, 2018 - 8:32 am)

Try being a court-appointed attorney. My prior boss did that and easily 90%+ of our cases had the defendant guilty when we got him (by evidence or admission). Sometimes they insisted on testifying...essentially convicting themselves.

Of the 5 or so complaints to the bar association, all of them came from court appointed clients who lost their case.

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cacrimdefense (Mar 27, 2018 - 4:18 pm)

The judge tried to facilitate a plea settlement (trying to first pressure the prosecutor, and then me). When it didn't happen, he trailed the trial to Monday.

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shikes (Mar 27, 2018 - 10:31 pm)

I handled a case for a guy who committed 7 felonies in about 2 1/2 hours. Multiple eye witnesses, victim clear ID (she knew him, he stabbed her at point blank range as she woke up to him straddling her in the middle of the night). The guy was absolutely crazy and insisted on going with a "There were two black guys in the room and they did it, I was trying to protect her from them" defense. With his priors he was facing at LEAST 15 years.

We get to pre-trial conference and judge asks me why in the world this is going to trial and I say I can't talk him out of it. DA offers 12 years concurrent, judge asks me if he will plead guilty open for a "wink-wink" agreed upon sentence of 9 years so DA looks good for not offering and anyone upset could throw it on the judge. I take it to him, plead with him, get his dad to come in and talk to him, finally, he accepts. AT sentencing judge FORGETS how much he said he was gonna give him, and gives him 7 years instead of 9. DA is pissed off, victims are pissed off, I'm ecstatic, his dad is ecstatic. He isn't, he wants to appeal, sue me for malpractice and ineffective assistance. Judge warns him that if he appeals and sentence gets tossed he is set for a jury and if he re-pleads later he may get more. Doesn't care, says he was crazy and didn't know what he was doing, Court grants appeal and he proceeds to trial. I have literally NOTHING to argue, he insists on taking the stand and going crazy, he is a horrid witness, and I come up with a "necessity defense" to the remaining (post slicing) crimes (he was seriously hurt and needed to get to hospital, hence stealing car, threatening pedestrian with knife, etc....yeah, I'm reaching big time.)

Jury convicts in about 5 mins. He gets 15 years. Nice job guy. Lesson? White collar high end criminal law is awesome. When you really believe your guy and have a legit defense, its awesome. Otherwise, and most of the time, it sucks.

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cacrimdefense (Mar 28, 2018 - 2:43 am)

Wow, you get stripes for that one. Your guy insisted upon snatching defeat from the jaws of victory.

The closest one I've had to that case (there was no appeal, however), that I can think of, involved a defendant I represented some years ago in Orange County. A Hispanic gang member who had been out of trouble for close to a decade. A dude in his early 30's. He had gotten a wife, a couple babies, a legit job and he appeared to have been hanging w/ the homies but keeping his nose clean. He was more interested in taking his kids to the park and working on cars on weekends than finding trouble. That was until the younger brother of a guy he had been super tight w/ "back in the day" (and was serving life in prison) seemed to have made himself some enemies.

My guy was charged with Attempted Murder (with gang allegations) for being the driver of an SUV in a hit on a rival gang member. According to the victim, who was shot seven times by the younger brother/guy in the passenger seat, the person I was defending was the driver. In addition, the records from the phone company showed my guy's smart phone was in the general area of the hit (two to three mile radius) when it went down (the driver/defendant, however, had told police he had been in a neighboring county, around 70 miles away when the shooting took place).

This guy's mother paid the entire tab for defense of her son. She made it very clear to me that her son was no longer banging, as he had during early adulthood, and she showed great interest in the evidence. Also, she flew in from another state for almost every court appearance in her son's case.

After each appearance, whether she flew in or didn't, we would have discussions about the case (that usually lasted a little less than an hour), the evidence, my conversations with her son in lock-up, and my dealings with the prosecutors. This woman was bright, relatively level headed and outwardly unemotional, had been the recipient of at least some formal education, and was not a person for whom I had to labor to explain things. What used to concern me, however, was a remark she would commonly make to me at the end of our discussions: What I don't understand is why they're charging my son when they don't have any evidence.

In response, I would commonly remain quiet for a moment and then advise her, well, they've got a guy who was shot seven times who says your son was present when it took place. This happened at least half a dozen times.

When I spoke to my client in lock-up, we commonly discussed the case with the understanding that he didn't want to go to trial, and that I thought trying the case was a bad idea. When I discussed the case with this guy's mother, however, she was insistent that the case would be tried, and that if her son didn't agree, she would "talk some sense" to him.

After about 8 months, we're getting close to the trial date and the DDA suddenly decided to reduce the offer. The defendant was facing 25 to life, and the prosecutor had been offering 15 or 16, but came down to 9 when I advised him my client would not agree to double digits behind bars. When I related the offer to my client, he was nearly ecstatic and he quickly plead out. Given the amount of jail time credit he had accumulated, my guy would get out in just under 6 years from the day he pleaded. He'd be free before his 40th birthday. All was well and the client was happy and grateful. The weight of the possibility of spending the rest of his life behind bars had been removed from his shoulders.

The next day, however, I was left a pair of phone messages from his mother who conveyed she didn't understand what had happened. She also related that I didn't need to call back, because she and her sister would be flying into L.A. and coming to my office at the end of the week.

A couple days later, the defendant's mother and aunt were sitting across from me at my desk. The mother inquired about what happened, and I advised her that her son decided to accept a plea offer. I conveyed to these women the substance of the discussions I had w/ both the prosecutor and my client the morning the case resolved. When I finished, they were both quiet for a moment, and then the aunt (whom I had never met nor spoken to before) piped up and said that she was quite surprised her nephew had agreed to serve some time because, from what she had been told, the District Attorney didn't have any evidence. Without losing my temper, raising my voice or giving any indication of incredulous disbelief, I told her that that's never been the case, and, in fact, the only person I had ever heard use that language to describe the matter was her sister.

I then proceeded to explain to the aunt, with the mother sitting about two feet away from her, that the victim of the shooting (who had no axe to grind with my guy) had survived and had immediately named her nephew as the driver of the vehicle, when he was contacted by the police in the hospital. Further, although the defendant had told police he was about 70 miles away from the shooting when it occurred, phone records demonstrated that his phone was close to or at the location where the crime took place, when it took place, etc. etc.

While I am saying this, again, in the presence of the mother, she is paying attention to me, but as I watched her reaction out of the corner of my eye, I could tell it was "not registering." And again, this woman was neither wildly emotional nor an idiot.

After conversing with the two of them for nearly two hours, I walked them out, wished them well, and never heard from either lady again. What I did learn, however, was that the mother promptly took a cab over to the main lock-up facility in Orange County, and proceeded to read her son the riot act about agreeing to a plea bargain. She apparently hollered instructions at him to tell the judge at sentencing that he wanted to withdraw his plea and to proceed to trial. That didn't happen.

What did happen, however, is the firm that was utilizing my services received a complaint from the CA State Bar. My name was never directly mentioned (although I had handled the entire case) in a lengthy accusation, authored by the defendant's mother, that she had been promised the case would go to trial, that she and her son had been repeatedly assured that a "not guilty" verdict was terribly likely, and that we had obviously negotiated a plea bargain to reduce expenses in this case.

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richardrose (Mar 28, 2018 - 4:18 pm)

Great story mate - very interesting how emotions can lead a rational and sharp individual down the irrational and emotional path. You're a good write and I would love to hear more stories about your more colorful criminal defense cases.

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jd4hire (Mar 28, 2018 - 4:38 pm)

As in AUSA Richard Rose?

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physicssezno (Mar 28, 2018 - 5:20 pm)

MAn, wish I Did criminal defense. I do Plaintiffs pi. It’s tough but at least we choose cases we think we can win.

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orange9 (Apr 6, 2018 - 5:45 pm)

I just had a lawsuit against me dismissed by a client in prison who had taken a plea deal to serve 5 years. While on probation for selling drugs, he got arrested again for selling drugs in a large wiretap case. Also, this was his 3rd felony conviction. My client was the only defendant who held out to the brink of trial too.

The police observed him in what they thought was a drug deal, got a warrant for his house, and found a suitcase full of drugs, and the guy gave a confession in order to protect his wife. The guy was looking at possibly 30 years at trial, and the prosecutor dropped the offer right before trial just to get the case over with (not worth 3 a week trial on a wiretap for 1 defendant).
Before entering his plea, his family was actually telling him to go to trial because apparently they thought he had a chance, and he obviously did not tell them he gave a confession and that they found a suitcase of drugs in his house.

So after he pleas, the wife is pissed at me and is cursing at me on the day of sentencing, not exactly sure why since he was getting the absolute minimum allowed by the statute.

Recently, I was served with a lawsuit. In it, he said that the firm promised him a portion of the fee back if he did not get probation. I must have missed that line in the retainer. Also, he alleged that the firm promised and guaranteed him probation. Again, I must have missed that line in the retainer. I filed a 12b6 and attached the retainer and his plea paperwork, and highlighted where he answered "no" to the question about whether any other promises were made other than the ones in the plea agreement. Case dismissed, but it cost me time I cannot get back.

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pisces213 (Apr 6, 2018 - 8:00 pm)

Was prosecuting juvenile misdemeanors. Charged a girl with driving without license, insurance and reckless driving (crashed the car into a house in a residential zone).

Offered to drop license and insurance if plead guilty to reckless. Girl was inclined to do so but parents must have thought it was a sign of weakness and went for trial. I advised them to get legal advice before making a decision; they probably didn’t since she showed up without a lawyer.

Girl ended up with all three on her record as it was really an open and shut case. It was the first case I tried and thus also my first “win,” but I still feel like I lost some bigger battle.

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orange9 (Apr 7, 2018 - 1:01 pm)

I am in the middle of a restraining order trial. In my state, they are considered summary proceedings and there is no exchange of discovery. So right before trial, I take my adversary aside and ask him if his client is really sure she wants to go forward, and he says yes and tells me that he has some really bad texts from my client. He did not know I already had the texts, and that I use worse language in my everyday vernacular than what my client said to his ex.

As soon as I started my cross of his client, I made her look like a liar by pulling out a job application that she made up her references names and occupations. Also, on the day of the incident, my client texted her that he was taking the kids to court because of something she had done. I got her to admit on the stand that she picked the kids up early from school but that she didn't think he was going to take the kids to court, she thought he was going to take them to dyfs. I couldn't believe he did not pick up that she admitted to a crime on the stand, and he my adversary did nothing about it.

I also got her to admit that at the incident, her current bf was trying to get my client out of his car in order to fight, and that my client never got out of the car. She also claimed she did not know her new bf is in a gang, despite gang references being all over his instagram. The judge, who used to sit in criminal and is a bit of a "street guy," is quite familiar with gang signs and references and is not buying her story. And as soon as I mentioned the gang references (I can't mention the gang since it is a set of bloods only in this city) the sheriffs in the room got out of their seats to try to take a peek at my exhibits.

So now we are not going back until next week, and I asked my adversary if his client is serious about continuing, and I don't know if it has registered yet that he already lost, and that his client is a liar, and that she admitted to a crime on the stand. He also does not know about the texts I have from his client's current gangbanger bf about what he is going to do to my client's daughters and the pictures he has sent my client of his special body part, and the pictures of a special body part on the face of a girl saying he is going to do that to the daughters.

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cacrimdefense (Apr 7, 2018 - 3:27 pm)

Good work!

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tcpaul (Apr 9, 2018 - 5:29 pm)

So what happened?

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cacrimdefense (Apr 10, 2018 - 1:13 am)

The case got continued to the second half of this month.

The client is driving me crazy w/ her "legal research." Each morning I open my e-mail account, there are several communications from her. Most contain a link to a case decision she found with a Google search. More often than not, she advises me that " ... the judge is required to dismiss my case," based on the material she has referenced.

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tcpaul (Apr 10, 2018 - 2:36 am)

I love when clients do that. So helpful.

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tcpaul (May 1, 2018 - 7:47 pm)

Bump. Hoping for an update.

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cacrimdefense (May 2, 2018 - 2:15 am)

Trial started at the beginning of last week. My client would not shut up during the first morning. The portion where the judge hears the pre-trial motions was, literally, the longest I've ever spent engaging in such in any trial where 25 to life was not on the table. She was chattering at me almost the whole time. When I would ask the judge for a moment to speak to the defendant, my client's most common observation/input/commentary was, "That's not my problem," "I'm not helping them," and "I won't agree to that!"

I spoke to her at the lunch break and said she needed to come down about 3 notches, b/c when we start voir dire selection, if she conducted herself in the same fashion, the jurors would see nothing but an argumentative b--- who looks every bit the part of what the evidence indicates ... and she would have lost the case before we even got started.

Surprisingly, she took it to heart and was much quieter in the afternoon. The last pre-trial motion I made that day was to exclude the prosecution's evidence based on an obscure portion of one of the sections of the California Code. I know about this obscure legal, mostly unread and un-utilized section of the Code only b/c I am old and have dabbled in several other sh-- law areas of practice before I started to do crim. def. full-time.

At first, the judge thought I had no idea what I was talking about. Then I provided her a page long informal summary of my position (referencing case law and various local rules). She had us cut out early last Monday so she could check around, and check around she did. By her own admission, she consulted with half a dozen other adjudicators (about half of whom said I was right, and the other half had never even heard something close to the argument I was making). That same evening, she assigned a court research attorney to evaluate my position. After toiling away on her computer for almost a day, the research attorney said she could find no case on point, however, much of what I had argued appeared to be supported by statute, therefore, my motion should be granted.

Without going into detail (or even mentioning a specific code area), my argument was not that the DDA couldn't use the evidence. My argument was that, because of the evidence having been derived from a protected, confidential source, the DA's Office has to jump through number of hoops before obtaining the evidence (which the prosecutors had not done).

I made a motion to have the case dismissed, but the judge granted a continuance to the DDA based on "good cause".

The bottom line: The prosecutor needs to jump through procedural hoops before he can obtain permission to use the evidence to prosecute my client, but no one is sure how long this will take. Could be a few days, might be a matter of weeks, hell, some have said we're looking at several months.

I have an appearance scheduled in this stupid San Diego County case this coming Friday, to find out exactly where we are and how much more time it will take before the trial can get back underway.

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tcpaul (May 2, 2018 - 7:40 pm)

Thanks for the update. Isn't it oddly frustrating when you're getting good results for a horrific client?

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