7/14/2003
A Week In the Life of a Criminal Lawyer:
Monday: In the morning I go to the prosecutor's office to try (yet again) to get the prosecutor to agree to a deal we have been bantering back and forth about which will keep us from having a jury trial. In the afternoon I go to Circuit Court and try to convince a judge to just sentence my client to a year for his habitual offender offense (that is, for those not from the Commonwealth, felony driving after we told you not to and it carries a year mandatory). The judge decides that we should have a sentencing hearing and requires us to all come back in a few weeks when - if he acts like most judges do with this obnoxious law - he'll sentence my client to a year. After this finishes, I visit some of my clients at the county jail and then its the hour long trip to the regional jail where I spend a glorious evening visiting 8 clients. I have to wait 45 minutes before they can get a male guard to come and frisk me so I can go down to see my clients (you know, they never show that part on The Practice or Law and Order). While I'm waiting they are supposedly calling my clients so that they will be down in the meeting area when I get there (all except the one client they can't find). I get downstairs and, by a miracle, they're all there (the regional jail used to be really bad about this but lately they've been on the ball). For the next couple hours I talk with my clients on matters ranging from the vitally important to the totally inane. Then I go out to get the final client and he's not there. They still don't know where he is. Instead of wandering off, I stand there in front of the guard while she calls around and finally locates him. When she find him, he's in protective custody which means I have to wait around for another 30 minutes while they clear all the inmates from the area so they can bring him in. When that conversation ends I finally get to make that wonderful hour+ trip back (gotta love the whole regional jail concept).
Tuesday: In the morning, I'm running late as I try to get to a rural court. I think I'm going to be 5 minutes late which is usually no big deal. But there's no way my luck would run that good. I pull off of a major state highway onto a two-lane country road which covers about 2/3 of the distance to the courthouse and very shortly find myself behind a farm truck traveling 35 mph the entire length of the road until it dead ends at the next major state highway. I zoom over to the courthouse and I'm still only about 20 minutes late. As I walk into the courthouse I see my client standing in front of the judge and the entire courtroom empty of anyone else except the prosecutor and deputies. I'm greeted by: "Hello, Mr. Lammers. I was just about to assign another lawyer to take your place." OUCH. However, the case went pretty normally from there. A 15 minute docket? Who knew? This is the same courthouse where I've seen a single Trooper with over 200 tickets by himself (not counting the rest of the docket). In the afternoon I drive back to my local Circuit Court where the prosecutor is going to finally offer up the deal on the jury we have scheduled for Thursday or I am going to ask for a continuance (my client has just gotten me the addresses of key witnesses I need to subpoena). I go to the prosecutor's office and he gives me an offer which is not what we've discussed and (after the client refuses) the case is continued until October.
Wednesday: I go to the federal court building in Richmond to observe because I am thinking of getting on the federal court appointed list. The day is pretty much a bust. I get to watch a parole violation hearing and then the District Court shuts down for the morning. I go back for the afternoon and the trial set has been moved to the Magistrate Judge because the Defendant has decided to plead guilty. So I traipse down to the Magistrate's courtroom and watch the plea; I come back a hour later to watch another plea but the lawyer doesn't show. And thus ends my wonderful day at the federal court.
Observation ~ The federal courthouse has a wonderful library which is entirely useless because you cannot bring in anything electronic so you cannot sit there knee deep in books while you use them type up a brief or a motion.
Thursday: A PFC who I represent flew in from Ft. Riley (in Kansas) in order to take care of a petit larceny charge. It got worked out so he has a year to do 50 hours of community service and after that the charge will go away.
Friday: Had a client fail out of a drug program so he came to court to face the music. The only problem was that the witness had left the Commonwealth so the prosecution had to drop the charge. (I'm not complaining, I'll take a client favorable result any way I can get one).
.
Ambush in Bartlette
Chapters 1 - 13
Chapters 1 - 13
Law & Theory
- LAWS
- Va.'s Versions of Mayhem (malicious wounding et al): 4 In One Statute ~ Graphic
- Aggravated Malicious Wounding
- The Moped Exception
- Rape by Lie: 1 ~ 2 ~ 3
- No Intent Needed
- Arresting in a House
- Common Law Trespass
- Certificate of Analysis Introduction
- Probable Cause: Car Passengers
- Obstruction of Justice Limited
- Stealing Electronic Items
- Stolen Value: Price Tags
- Stolen Value: No Price Tags
- Stolen Value: Electronic Items
- No Weekend Jail on Felonies
- Obstruction of Justice Limited
- No Trifurcation
- No More Beer at the Barbeque
- Respondeat Superior
- DUI & Reckless Driving
- Can You Steal From the Dead?
- Outlawry Outlawed
- Felony 2d Degree Murder
- Banishment
- Computer Fraud
- Insta-Deputy
- PROCEDURE
- Using Statements Made During Plea Negotiations: 1 ~ 2a ~ 2b ~ 2c
- Invoking Right to Attorney in Virginia
- Who Prosecutes Misdemeanors?
- Expungement
- Surrebuttal
- Virginia's Reasonable Doubt
- Reasonable Doubt II
- Instruction: Right to Arm
- Virginia Castle Doctrine1 ~ 2 ~ 3 ~
- Dismissed with Prejudice
- SENTENCING
- I. Limitations on Right of Judge to Alter a Sentence
- II. Limitations on Right of Judge to Alter a Sentence
- III. Limitations on Right of Judge to Alter a Sentence
- Probation & Suspended Time
- Advisement in Virginia
- Jury v. Judge (sentencing roles)
- Limits on Evidence Presentable to a Jury
- Jury Sentencing Possibilities
- &CETERA
- Witnesses & Writ of Actual Innocence
- Domestic Battery & Firearm Possession
- Domestic Battery & Testimony I
- Domestic Battery & Testimony II
- Domestic Battery & Testimony III
- Domestic Battery & Testimony IV
- Shall Doesn't Mean Shall
- Just Following Orders
- Lycurgus Not Welcome in Virginia
Practice Tips
Specific Cases
- Jones:Trespass = Search
- Shatzer:4th Amendment Expiration Date
- Gant: Limiting Car Searches
- Montejo: No more 6th Amendment Protections
- Padilla & the Prosecutor
- Ventris: Allowing Unconstitutional Questioning
- Carroll Doctrine
Legal Theory
- Best Way to Choose a Judge
- What's a Prosecutor?
- Defense Attorney Purpose
- Plea Agreement Actualities
- The Big 4: Why I can't Go To Jail: 1 ~ 2
- Liquor Use Laws
- How to Fix Va.'s Court of Appeals
- Punishment Scale
- Punishment Scale Explained
- Punishment: There but for the Grace of God
- Heavy Sentences (1)
- Heavy Sentences (2)
- Probation
- Change Felonies to Misdemeanors
- Do Justice?
- Kentucky v. Virginia
- Must Prosecutors Disprove Affirmative Defenses?
- Drug Schedules & Punishment
- Defendants & Situational Sincerity
- 1) Immorality in Pleading Not Guilty
- 2) Immorality of Pleading Not Guilty
- Posner v. Hart & Strict Liability
- More Posner & Strict Liability
- Pre-Stare Decisis
- Let Juries Find People Innocent
- Tell Jury Elements Pretrial
- Falsity of Malum Prohibitum (1)
- Falsity of Malum Prohibitum (2)
- Falsity of Malum Prohibitum (3)
- Brady
- Writ of Spite & Hatred
- Various Riot Acts
- Tazers
- Finding of Innocent
- No Appellate Oral Arguments
- CrimJustice Purpose
- Pro Se Defendants
- Misdirecting the Police
- Stress Seekers?
- Plea Agreement
- Faking Probable Cause I
- Faking Probable Cause II
- Faking Probable Cause III
- Faking Probable Cause IV
- Legalese: Name Changes
- How Could We Best Select a Judge
- RICO & Bin Laden
- Requirement of Defense Attorneys
- Should Lawyers Make Clients Confess?
- Crummy Hired Defense Attorneys
- Noble Defense?
Back When I was a Defense Attorney
FEB03
Jury
Jury
JUN03
A Week in the Life
A Week in the Life
JUL03
A Week in the Life
OCT03
A Week in the Life
DEC03
A Week in the Life
JAN04
5 Events
A Needed Sign
A Week in the Life
Trial Desperation
A Week in the Life
A Week in the Life
Quick Panic
FEB04
Supress Motion
A Week in the Life
A Week in the Life
MAR04
A Week in the Life
Closing Argument
APR04
A Week in the Life
A Week in the Life
A Week in the Life
A Week in the Life
MAY04
A Week in the Life
A Week in the Life
A Week in the Life
JUN04
Chocolate Chip Marijuana
A Week in the Life
High School Critique
JUL04
A Week in the Life
Cripple v. Cop
01 Long Week
02 Long Week
03 Long Week
04 Long Week
05 Long Week
I'm a Narc
AUG04
Frustrating Day
Damn Yankee Defense
A Week in the Life
SEP04
Angry Relative
01 Long Week
OCT04
01 Long Week
02 Long Week
03 Long Week
04 Long Week
-----
01 Long Week
02 Long Week
03 Long Week
NOV04
Client Families
DEC04
01 Long Week
02 Long Week
03 Long Week
04 Long Week
05 Long Week
06 Long Week
Surprise at Prelim
Confronted
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A Sentencing Hearing
Sales Lady Visits
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Purse Search Brief
Violent Insane Client
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Affidavit of Truthfulness
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Moments in the Life
Fail to Visit
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Trial of the Century
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Transcript: Court Argument I Won
A Day in Court
Moments in the Life
Angry Jury Day
Angry Jury 02
JUN05
Eureka Sentencing Moment
My Own PI
Innovative Jail Phone Call
A Moment in Court
A Moment in Court
JUL05
Huh?
Raccoon Attack
AUG05
Picking on a Prosecutor Intern
Moments in the Life
SEP05
Victory by Speedy Trial
OCT05
Kicking Myself
A Day in the Life
Insane Client & 15 Deputies
Torture by Judge
A Federal Habeas
NOV05
Invisolawyer
Petition Freak Out
Moments in the Life
Moments in the Life
State Habeas
DEC05
Moments in the Life
JAN06
Jury Trial Fizzle
FEB06
A Bench Trial
Bittersweet "Victories"
A Prosecutor Tries to do Right
MAR06
What Just Happened?
Va. Worse than Conn.
Illness as a Defense Attorney
Failed Prison Visit
APR06
Heard in a Courthouse
Appellate Court Argument 01
Va. Court of Appeals
MAY06
Heard in Court
JUN06
Bad Press
Entire History of a Trial
Bad Press 02
JUL06
I Must be too Good
AUG06
Announce Becoming Prosecutor
The Last Life in a Week
Monday
Tuesday
Wednesday
Thursday
Friday
Client Communication
~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~
CYA Letter: Felony Client
CYA Letter: Appeal
-----
Dear Mr. Jailhouse LawyerConversation between Inmates about Lawyers
Innocent Client Pleads Guilty
Client Parents
Time as a Prosecutor
JAN07
The New Office
FEB07
Different Court Diferent Behavior
Competency
MAR07
Cats
Ma'am I'm the Prosecutor
JUN07
I know nothing
23 Felonies
JUL07
Cross
Cross II
2d Simplest Explanation
OCT07
Jury
FEB08
CrimLaw Prosecutorial Corollary #1
MAY08
Paranoia
JUN08
Why Not Drop?
JUL09
Buy Me Dinner First
AUG09
Jury Sentencing Argument
SEP09
Is Litter Patrol Jail?
OCT09
Paperwork Closing Argument
APR10
Bubonic Bob & the Creative Judge
JUL10
Finding the Perfect Witness
APR12
Small Town Cop : Big City Lawyer
JUN12
Maturity Ain't Orange
Criminal Law
Sentencing Law and Policy
FourthAmendment
Law of Criminal Defense
CrimProf
White Collar Crime Prof
4th Circuit
...
Simple Justice
Defending People
a public defender
Underdog
Indefensible
DUIblog
Southern District of Fla.
Criminal Defense
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...
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White Collar Crime Prof
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...
Simple Justice
Defending People
a public defender
Underdog
Indefensible
DUIblog
Southern District of Fla.
Criminal Defense
Harris Co. Crim Justice
...
Seeking Justice
Crime and Consequences
The Chicago Syndicate
Patterico's Pontifications
The Magistrate's Blog
Trials & Tribulations
Charon QC
Changing the Court
Virginia Blogs
SW Virginia Law
Va Poli Blogs
Vivian Page
Bearing Drift
Not Larry Sabato
Worthwhile
Bloggingheads.tv
Gruntled Center
WindyPundit
day by day
The Faculty Lounge
Legal Scholarship Blog
PrawfsBlog
Justice & Drugs
Ernie the Attorney
Bag & Baggage
In case anyone out there needs this warning: This ain't legal advice. Everything in the blog is off the cuff and no one goes back and reads all the cases and statutes before blogging. The law may have changed; cases misread and misunderstood two years ago can still lead to a clinging misperception. Courts in your county, city, or State probably don't operate as described herein. Feel free to be inspired, but YOU MUST ALWAYS DO YOUR OWN RESEARCH OR HIRE A COMPETENT ATTORNEY TO DO SO because I haven't.
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