Update on Grrr.
This the most thoroughly I have ever lost a case. I lost every motion, every evidentiary argument, the trial itself, and now, the sentencing.
The maximum sentence allowed by statute on each count, consecutive to each other with no possibility of parole. It amounts to a life without parole sentence.
At least I won't lose the appeal - client is retaining new counsel for that.
Showing posts with label work. Show all posts
Showing posts with label work. Show all posts
Tuesday, January 13, 2009
An interesting DA policy
Here is the scenario that every defense and prosecuting attorney has seen:
Johnny and his Significant Other Suzy get into an argument. Suzy calls the police and tells the responding officer that Johnny slapped her around. Johnny is arrested for Family Violence Battery.
Then, of course, after Johnny has been in jail for a week or two, Suzy decides that she really loves Johnny and tells the DA that she lied to the police because she was mad and that Johnny never really touched her. Johnny gets out of jail and Suzy gets probation for false report of a crime. (Johnny would have gotten 12 months to serve because he has a horrible record, including prior FVB against same victim - and may well have had his probation revoked for even longer).
For the last few months, the DA's office in my circuit has used a new policy, and the Judges are fully on board with it. If the above scenario happens, then Suzy serves exactly as many days as Johnny served. Once word of this got around the jail, then the claims of "I lied to the police" dropped to nearly nothing.
Lying rarely ever does anyone any good, and most people are terrible liars. Suzy (and Johnny) are usually a lot better off if she goes to the DA and says that he slapped her, but she really doesn't want to go forward with the case because they have a relationship that is worth something. Frequently Suzy's statement of that sort is enough to get the case dismissed (with no additional charges) or sentenced as probation/counseling only. I have even seen juries, on more than one occasion, find not guilty because Suzy so obviously doesn't want a conviction and just wants to get beyond this.
Johnny and his Significant Other Suzy get into an argument. Suzy calls the police and tells the responding officer that Johnny slapped her around. Johnny is arrested for Family Violence Battery.
Then, of course, after Johnny has been in jail for a week or two, Suzy decides that she really loves Johnny and tells the DA that she lied to the police because she was mad and that Johnny never really touched her. Johnny gets out of jail and Suzy gets probation for false report of a crime. (Johnny would have gotten 12 months to serve because he has a horrible record, including prior FVB against same victim - and may well have had his probation revoked for even longer).
For the last few months, the DA's office in my circuit has used a new policy, and the Judges are fully on board with it. If the above scenario happens, then Suzy serves exactly as many days as Johnny served. Once word of this got around the jail, then the claims of "I lied to the police" dropped to nearly nothing.
Lying rarely ever does anyone any good, and most people are terrible liars. Suzy (and Johnny) are usually a lot better off if she goes to the DA and says that he slapped her, but she really doesn't want to go forward with the case because they have a relationship that is worth something. Frequently Suzy's statement of that sort is enough to get the case dismissed (with no additional charges) or sentenced as probation/counseling only. I have even seen juries, on more than one occasion, find not guilty because Suzy so obviously doesn't want a conviction and just wants to get beyond this.
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