Everyone thinks we have a ton of cases

Recently, I have been waiting for court & there were officers there for other hrgs & we got to chit-chatting. On two occasions, officers asked me how many cases I had. I said about 150, give or take.
Both times, the officers seemed shocked by how many I have @ one time.
We have so many cases...

This line of reasoning terrifies me a little

So, I've talked before about the McNeely/Brooks decisions on DWI cases in previous posts, here, here, and here.  We've now been in court battling these issues and there are plenty of varied arguments that are being utilized by both the prosecution and the defense to support their positions. 

For the most part, I understand why the prosecutors are going with certain arguments that they are using.  I disagree w/ the application of the legal concepts they are relying on, but I can at least understand the logic that got them to that argument. 

But, I have seen one that has been argued that I find truly mind-boggling.  If I were a prosecutor, I would not be able to argue it because I have such a visceral reaction to it. 

The argument, in sum, is that DWI cases should be considered a "special needs" situation and should be completely exempted from the warrant requirement and the protections of the 4th Amendment. 

If you didn't choke a little right then, you're not understanding the implications that argument has for you and for everyone if it were to prevail. 

And now, we wait...

Waiting for the verdict. It's the worst part of trial ever...

Trial starts tomorrow

I start a trial tomorrow. I haven't actually tried a case since last October, so I am excited to get back into the courtroom & throw down again. Trials are very stressful but they also can be very exhilarating. It's the ultimate in lawyering. It's my own personal Law & Order episode. It's when I get to be on stage & have the courtroom's attention. And it's when it becomes even more apparent to me that my clients' lives & futures are in my hands.

They always are, of course, but once we get to trial, the client is basically just along for the ride. They want a trial & then it's on me to do the work. The client doesn't make opening & closing statements. The client doesn't cross-examine witnesses. The client doesn't make objections. That's all on me. One error, one oversight, & I could mess up a possible appeal issue or overlook inadmissible evidence. That's all on me. The client is relying on me to fight, and fight hard, to win the case. The client can only sit & watch while I do the work & can only hope & pray I do it right. I cannot imagine how powerless that must make someone feel. It's an enormous responsibility we as defense attorneys are given & I try to always remember that.

I can't even understand how a client feels after a verdict. I am either horribly crushed & sick or I am over-the-moon elated & my feet don't even seem to be on the ground. And it isn't even me who deals w/ the outcome. After a verdict is read in any case, no matter how big or small, no matter win or lose, I go back to the office & get back to work. I go home & eat dinner. I get to watch some tv & cuddle with my cats & go to sleep in my own bed. A verdict will never affect my life other than on an emotional level. But clients face the consequences, good or bad, of a verdict. So if I am that crushed or that elated about a verdict, I can't even imagine what a client must feel.

That's why I do essentially nothing but trial during a trial. My life outside of work comes to a halt & every moment is spent on trial work. Because at the end of the day, at the end of a trial, I always go home. And if my clients don't get to do that, I want to know I did everything I could & put everything I had into that trial, regardless of the verdict. If I don't know that, I would never be able to live with myself.

So, tomorrow I start another courtroom battle. I take on the awesome & overwhelming responsibility of fighting for someone who can't fight for themselves. Tomorrow, I have my client's life & future in my hands.

Let's get ready to rumble.

Drugs are bad. Drug laws are worse.

A Duluth shop owner and two employees are on trial for 50+ felony charges alleging that they sold "synthetic drugs," in violation of federal laws. He is also facing a number of state charges for the same reason. 

He isn't alleged to have been pushing heroin on innocent schoolchildren at the park or anything so dastardly as that.  He's alleged to have sold products that are used to get high but that aren't what people normally think of when they hear "drugs." 

These so called "synthetic drugs" go by a variety of different names. Plant food, bath salts, K2, spice, etc. They are often packaged and sold as a product w/ a legitimate use, for example, plant food or bath salts. Some are sold as potpourri. Almost always, the packaging will have a label somewhere on it that clearly states: Not For Human Consumption.  

Change is the only constant

I found out on Friday that CB got a PD position in the cities & she will be starting there on October 9th. This also means she will be moving out of the apt across the hallway from me. Right now, it's just the 2 of us in the building (there are only 2 apts) so it's been pretty cool bc we have the whole building to ourselves. But she isn't going to be there much longer & I have no idea who will be moving in across the way. I'm pretty disappointed about the whole thing bc I was really on the fence about moving to this location & knowing that I would have someone I know there w/ me tipped the scales. But now I will be by myself in a town I don't know w/o people I know close by. So that sucks. I am happy for CB but very sad, too.

Doldrums

Work has been really tough for me lately. I can't say that the work has been overly demanding or rushed, like I was this time last year. But it's still tough because of the area I am in. And it seems like my clients are more difficult recently, as well. It's been really draining emotionally & mentally.
It's been very difficult to feel passionate about work now. It's hard to feel excited about what I am doing because things are just really not clicking for me the way they used to. I have started to dislike being @ work, which really sucks. I want to feel excited & passionate & driven again @ when I am working on my cases. I don't want to be a crappy public defender who doesn't connect w/ the clients & who doesn't have the fire in the belly for this work. But I worry that maybe I am starting to lose my fire. Instead, I just feel...tired & worn out all the time @ work now.
I am trying not to let that be my default attitude @ work. I am trying to find things that make me feel excited & passionate. But so far, things aren't changing. I really hope this is just a phase.

Spinning my wheels & going nowhere

Lately work has been making me want to scream in frustration. It is really difficult to get offers from the prosecution & then the ones I do get aren't that good. And they aren't very specific as to what my clients can expect.

A majority of my clients are willing to plead guilty to something (not necessarily what the charges are) and the biggest concern they have is what will happen to them. They want some sort of assurance about what they can expect if they plead guilty. A trial is unpredictable & a high risk venture. Clients who are pleading guilty generally don't want to have that unpredictability & uncertainty. The draw of a plea bargain isn't just a reduced charge. It's also knowing what will happen & how this will affect their lives. The draw of a plea is in large part the certainty that comes with it.

Where are we going? And why are we in this handbasket?

SIGH. 

It's like a never-ending onslaught of destroying people's rights lately! Did no one take civics class in high school?? What is wrong with people lately?! Recently, this little piece by Lawrence O'Donnell from MSNBC started circulating on Twitter. And I saw it. And it made my head almost explode. 

Defending the public defenders

This article is probably the most offensive thing I've read about public defenders in a long time. It's so full of ridiculous assertions I barely even know where to begin. Let's review the idiocy put forth in this moronic article, bc I'm angry about it and feel like eviscerating it. 

Time to start playing hide the ball...

I am extremely annoyed with a case I am dealing with currently. I found out today just how differently I have to deal with the prosecutors in my current county from the prosecutors in my old county.

My general approach to lawyering/plea negotiations has been to be as honest & forthright as possible, w/o revealing any client confidences. I expect prosecutors to do that with me so I do that on my side of things. But apparently this general policy is not one that I should continue in this new county, since it's now being used to the detriment of my client, something that has never happened before on any of my cases.

Grumbles about things

Work has been exceedingly frustrating lately. It's making it really hard to feel any real satisfaction or enjoyment @ my job lately. There are a few things all kind of coming together that are making things tough.

The first is the rapid pacing of probation violation hearings recently. Unlike new charges, where a person has to be given bail, on probation cases the person can be held w/o bail until the hrg, which has to be w/in 7 days. This week I have 3 or 4 of those hrgs scheduled which means I am scrambling to try to get things done on the cases in time. It's really difficult to get everything done when it's so fast & so many at the same time.

I am also getting little in the way of offers on cases. This makes it difficult to make any headway on the cases. Most of my clients want to resolve the case but it's hard to get offers out of the prosecution & when I do, the offers aren't even all that good. So clients are just of the mindset that they might as well take their chances @ trial. So that means extra work for me bc of trial prep.

In a non-work related but still frustrating item, I am doing my very first 5k this Saturday w/ CB and I am pretty excited for it, but no one is coming to watch & cheer me on. A couple of my friends said they would try to but couldn't get the day off work. My family isn't coming for whatever reason. So no one will be there w/ me except CB. I am glad she will be there w/ me so @ least I won't be totally alone, but it would be nice to have @ least one or two of my friends or family there, too. I know it's just a dumb 5k but it's my first one & kind of a big deal to me. Really sucks that I won't have anyone to celebrate with me.

Grr, I am a crankypants.

Hopefully this won't crabby mood won't last too long.

Summer Bucket List

Work is making me feel very stabby today so I need something to distract myself from being in a crabby mood.  It's been really nice outside the last week or so (it was a non-stop rainfest for basically all of June) so I started thinking about all the stuff I always say that I want to do over the summer but never get around to actually doing it. So, I'm going to have a summer bucket list and make sure i do the things on my summer bucket list. 

So, here's what I've thought of so far: 

The silent worry

I have a hearing today on a serious case with serious charges. It's a routine hearing; nothing too complex or interesting will happen at the hearing. But, this is a case that breaks my heart.  It's one of the cases that drains me emotionally and has since I was first assigned to the case.  It's one that will continue to drain me emotionally until it's over, and possibly, even well after it's over. 

The charges are serious.  The defendant is young, just out of high school.  A good kid, by all accounts.  Never been in trouble before.  Freckle-faced, sharp, good-looking young kid.  And now he's facing 2 felony charges. 

Bail: What Was Once Your Right and Protection from the Government Has Now Been Usurped By the Government

Bail is an interesting issue. Someone's arrested, the state drafts a complaint, the court finds there's probable cause to believe the person committed the crime alleged (and keep in mind, probable cause is a relatively low standard. Not the lowest possible, but definitely not that much of a hurdle to meet.), and then the issue is whether or not the court should order the person be held until the posting of bail or if it should release the person, either with or without conditions. 

The reason that bail is interesting is that so few people realize the purpose of bail. And therein lies the problem. When we don't understand why bail is a thing, we don't understand why it's important to everyone (not just "criminals") and how it should be used by the courts. 

So, let's discuss. 

DNA swabs and the Fourth Amendment, Round Two: Why Fingerprints and DNA are Different

First of all, OMG you guys, I made it into the MPR News Cut blog! I've made it in there a couple of other times, with a couple other posts, and I always feel really honored that my stream-of-consciousness ramblings are worthy of Bob Collins' notice. But this one was super exciting because he said yesterday's DNA post was "outstanding" and that "this is the kind of writing that legal reporting needs; it needs to wake up the people who think if they didn't commit a crime, what's the big deal about cases involving people who do?" So basically, I kind of felt like I won an Emmy or something. :D  

Now that I'm done gushing w/ excitement, let's get down to business.  Today's post is in response to a few reactions that I got about the DNA analysis from yesterday. Mainly, the primary question I was seeing was, "How is this different than taking someone's fingerprints for identification?"

I did answer that a little bit in yesterday's discussion, but I didn't fully go into it since there were so many things to be upset about and the post was getting pretty long. So, let's go into it a little bit more thoroughly and explore why this is NOT like fingerprints.

Fourth Amendment, Schmourth Amendment.

So, I couldn't not get mouthy about the latest Supreme Court travesty decision, Maryland v. King.  It was just released today and it's pretty much the worst.  If you're not familiar w/ it (and I'm guessing you're not because you probably have a life and don't read this kind of stuff for fun), the quick and dirty version of the case is as follows: 

Guy named King gets arrested for a "serious" offense (assault charges).  While he's being booked for this charge, the police collect a buccal swab from him as part of the booking process. (This is not routine in all states--yet. But I am guessing it will be soon after today's decision...).  Once they had this, they eventually ran it through a database of unknown DNA samples collected from other crimes and--what do you know--it matched DNA collected from an unknown perpetrator of a rape.  Boom, Mr. King now finds himself facing a new charge because his DNA matches that unknown DNA from the rape. 

The question presented was whether police could obtain a DNA sample from a person who was arrested--not convicted, just arrested and thereby still presumed innocent--without needing to get a warrant.  Now, pretty much every state allows the collection of DNA evidence to be collected from convicted persons.  That's a different situation entirely--those people have actually been found guilty and convicted of a crime.  However, when we are at the arrest stage of the proceedings, the person is not convicted and is not guilty of any wrongdoing. 

It's just business, baby

When I got to my office today, I saw that I had a really sweet email from a prosecutor friend of mine that made my day.  My friend said that they had recently been talking w/ an member of law enforcement in the county that I used to work in and that the officer said that they had only had pleasant and nice interactions w/ me and that I don't make things personal when I do my job. 

That was an awesome boost to start my first day back at work after my vacay.  I try to be nice and polite and friendly when dealing with people and when dealing w/ officers and prosecutors because, it's just business, baby.  I have a job to do and they have a job to do.  At the end of the day, we're all the same: we all just want to go back to our respective houses and take off our pants because fuck wearing pants kick back and relax.  

Protecting the Innocent Ones

So, I happened to stumble across this post that talks about the often-asked question that many defense attorneys get ("How do you defend someone you know is guilty?") and contrasts it with the more difficult question: "How do you defend someone you know is innocent?"

The truth is, as a defense attorney, there's nothing that causes me more anxiety, fear, and dread than the client who is actually, 100%, absolutely innocent.

The McNeely Decision: Completely changing the way MN does DWI cases

Ok so there's tons of stuff going on lately that I could discuss--the entire wtf of the Tsarnev situation (but how about I just tell you to watch the video at the end of this post to hear about the concerning aspects of EVERYTHING ABOUT THAT SITUATION); the whole gay NBA player thing; the White House Correspondents' Dinner...  But instead, I am going to discuss a thing that is more directly impacting my life and that would be the US Supreme Court's decision in Missouri v. McNeely.