
Originally Posted by
DC Law
As one who has taken defense cases as an attorney (I was hungry, ok?) I have to point out that our legal system grants every accused the right to a fair trial. That means that the laws enacted by our legislature must be followed and the proceedures mandated by those laws must be adhered to. Yes, it sucks to see someone who is guilty "get off" because or a proceedural error, but if we don't uphold the high standards that our criminal justice system operates on, how trustworthy can/will it be? What will we "let slide" and where will we draw the line? If you were accused improperly of drunk driving based on an improperly-given test which give an inaccurate reading of your BAC, would you want them to shrug the impropriety off and convict you anyway? Come on now...
That said, all of my criminal cases save one involved me reviewing the arrest paperwork for mistakes and then going into the prosecutor's office and proposing a plea right out of the gate. When asked in one fairly serious case by a prosecuting attorney if I wasn't going to at least pretend that my client didn't commit the offense charged, I told him straight out: "You know he's guilty, I know he's guilty, HE knows he's guilty...let's just work out something that won't send him to jail and we'll agree to any fines, probation and community service that you want." This worked, and he got a plea offer that involved no jail time. Had we gone to trial and had he been found guilty, he'd have been eligible for some serious time and he'd undoubtedly have gotten some.
I've only taken one criminal case all the way to trial, and that's because the guy wasn't guilty and wasn't going to plead to anything and the prosecutor was insisting on jail time and forfieture of some valuable property. And in true DC Law fashion, I won that trial and my client walked free.
As far as resigning from a case because a defendant is obviously guilty, you can't do that. The State Bar's ethical code prohibits that. Once you take on a case, you cannot drop your client because you don't like him, or because he's out of money and can't pay you. You still have to go on unless the client is insisting on lying in open court or unless he and you cannot get along to such an extent that he wants you gone. The judge still has to grant a motion tro withdraw from a case, and about half the time they do not grant such a motion. And in some counties and some states, if you are taking on any kind of criminal work in the jurisdiction, the courts may assign indigent clients to you and you've no choice but to represent them, usually for a flat fee which is the same regardless of whether you arrive at a plea in ten minutes or go to full jury trial.
I gotta tell you...I welcomed those cases where I got a $500.00 payment from the court just to work out a plea deal for some no-job-having petty criminal. Those cases came in handy when I was hurting for other business.
Don't sweat it DC....I have taken on Criminal Defense cases as a PI. Sometimes the guy is dead guilty and the cops did a bang up job. Report the FACTS to the defense attorney and he can suggest that the person plea.
However, if the police did a shoddy or poor job, or if the evidence is weak I will gather evidence that our client is not guilty, and I have no problem tearing up a poor police investigation.
So do a good job guys. :D
"Speed is fine, but accuracy is final" --Bill Jordan
Remember those who died, remember those who killed them.