Tuesday, April 14, 2009

my first trial

and first Not Guilty.

I am so glad my first trial is out of the way. I had my first client that insisted on a trial and did not cave minutes before the trial was supposed to start and plea out. Not that I think less of people who take a deal. It is waaaay less stressful to take a deal than have a full blown trial. And, let's face it, more often than not the prosecution can prove that some crime happened. (Ever really looked through your state's penal code? More things than you think are defined as criminal behavior by the state legislature. Not to mention that the presumption of innocence is all but dead.) And when the prosecution offers to continue the case and then dismiss it if you haven't committed any other crimes during a specified period of time, it places all control into your hands. Don't commit a crime; don't get convicted with the present charge. Not a bad thing to consider.

Anyway, this client was willing to take the chance of conviction for a chance to walk out of the courthouse "a winner" (his words). I was happy to oblige. After a little over an hour, and the judge sustaining all the prosecution's objections, I was shocked to hear the words "not guilty." And so was the prosecutor.

Not a bad way to start the week.

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