Blogging Criminally For Over Ten Years



2/23/2004
A Week in the Life of a Criminal Defense Attorney:

Sorry I missed this feature last week. Someday maybe I'll get back to the client who was mad that I didn't get him out of jail to go to his son's funeral, the client who pulled out a three page (front & back) manifesto at her sentencing hearing, and/or the prosecution witness who "forgot" everything which he testified to in the prelim because he knew his lies in the prelim would conflict with the lies he was telling in Circuit Court. Someday.

Monday: It's supposed to be a holiday so I only spend half the day at the office. At 3 p.m. I meet with a new federal client and his mother. Can't really tell them too much because the indictment doesn't have weight included in the drug charges so I don't know what the guidelines or mandatory minimums might show.

Tuesday: Around noon it starts snowing. I go to court in the local general district court at 1 p.m. but my client wasn't able to get down from Boston because of the weather. As soon as the case is continued I book for Richmond to get to the federal court. All the parking (including the paid lots) near the courthouse is occupied. I finally find a spot 6 blocks away and walk to the courthouse in a snowstorm. By the time I get there I am sopping wet.

I get to the courtroom with about 15 minutes to spare and there stands client, mother, and father whom they had not informed of this matter until the night before when Client needed to borrow one of his suits for court. Father spends the next 5-10 minutes quizzing me about my qualifications. Finally satisfied, we are standing around talking when an AUSA walks up and starts talking with me. The parents and Client start to talk with him as well but I cut them off and ask them not to. Seeing shock in their eyes at my effrontery, I explain that he's a prosecutor which mollifies them. Nevertheless, Father turns to the AUSA and apologizes: "I'm sorry man. I didn't realize you were a prosecutor. I thought you were a lawyer." Shortly thereafter we are called into court and arraignment occurs. It turns out that the amounts of drugs in play are miniscule - the kind of stuff that even State courts wouldn't be all that worried about.

After Client and his parents leave, I am standing there talking to the prosecutor when he mentions that he saw that one of my other court-appointed clients had hired another attorney. It was news to me so I trudged up to the clerk's office, checked the file, and there was a letter telling the court that another attorney was taking over the case. Not really a huge problem (Client had not been in contact with me for weeks) but unusual in that the other attorney hadn't even contacted me (the motion for substitution turned up later in the week in the mail). Thankfully, by the time I have finished with everything the snow had stopped and the walk back to my car was dry.

Wednesday: A sentencing hearing this morning for an elderly man who is very hard of hearing. This leads to a surreal hearing wherein the Judge and I are pretty much yelling in order to be loud enough for him to hear us. In the end it turned out well enough. Client got 6 months in jail which was less than a third of what the guidelines recommended (because of a serious felony 30 years ago).

Thursday: No court today so I spend a fair portion researching a case which I expect to be hired on Friday. I can't find the historical statutes which I am looking for so I call a buddy who handles even more traffic law than I do. He isn't much help but he points out that the court doesn't have jurisdiction to be doing what it is. I research the point and it looks like he's correct so I prep that argument for court.

Friday: Client shows up at the courthouse and pays me on the spot. Shortly thereafter (at least within a couple hours) we are called before the bench, Before we even plead I launch into my explanation of why the court doesn't have jurisdiction (admittedly this discussion is cleaned up some):
Me: Your honor will notice that when the court convicted my client of DUI in 2001 it suspended his 30 day sentence, suspended his license for a year and ordered him into VASAP (which he had to do in order to get a restricted license). The court also kept him under supervision for 12 months. He failed out of VASAP and had his license revoked. Then in 2003 DMV refused to renew his license and he came back before this court. He shouldn't have - it should have been a private matter between him VASAP and DMV. The 12 months of continued court involvement through supervision had already passed and the court's ability to amend the sentence (and add longer court supervision) ended 21 days after he was sentenced. He's now flunked out of VASAP again and they have asked this court to show cause him. The court didn't have jurisdiction to send him back and therefore it doesn't have jurisdiction today."

Judge: "The Supreme Court tells me that as long as he hasn't completed VASAP I retain jurisdiction."

Me: "There's case law on that?"

Judge: "No, I called the Supreme Court's researchers and they told me." [ed. note: I didn't know the Supreme Court did this and let me tell you how thrilled I am to find out that some part of that august body may be directing judges as to what the law means in a way that I can't access or advise my clients about]

Judge: "And, didn't DMV send your client back to the court?"

Client: "Yes."

Me: "The DMV is not a source to be relied upon for interpretation of the law."

Judge: "Well, if the sources are the Supreme Court , me, and DMV I think it's pretty safe to assume I have jurisdiction. I take it you're going to disagree with me?"

Me: "Yes."

Prosecutor: "Great, we've got a test case! Why don't you find him guilty, sentence him and give him a PR bond so that we can argue this indepth in the court above?"
At which point the judge did just that. And I appealed. All in all, considering the fact that I was standing there telling a judge that I thought she had made a mistake and that I thought her interpretation of the law was wrong, it remained amazingly cordial. The judge even asked me to be sure that I told her how it came out.

The afternoon was a little dull. Open office hours resulted in one client not showing for a scheduled appointment and one client dropping by and chatting for over a hour. I really didn't have much of anything new to tell him but we went over everything again anyway and it killed some time.

Ken Lammers . . . Permalink . . . 0 comments 0 Comments:

Post a Comment


email Ken


Ambush in Bartlette
Chapters 1 - 13


Law & Theory
Practice Tips
Specific Cases
Legal Theory

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
JAN05
A Sentencing Hearing
Sales Lady Visits
FEB05
Purse Search Brief
Violent Insane Client
MAR05
Affidavit of Truthfulness
Juvenile Detention Visit
Moments in the Life
Fail to Visit
APR05
Trial of the Century
MAY05
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 Lawyer
Conversation 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
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.


Tech &
Vlogs
This Week in Tech
TWIT Live
Spill.com
Tekzilla


Archive

January 2003
February 2003
March 2003
April 2003
May 2003
June 2003
July 2003
August 2003
September 2003
October 2003
November 2003
December 2003
January 2004
February 2004
March 2004
April 2004
May 2004
June 2004
July 2004
August 2004
September 2004
October 2004
November 2004
December 2004
January 2005
February 2005
March 2005
April 2005
May 2005
June 2005
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
October 2006
November 2006
December 2006
January 2007
February 2007
March 2007
April 2007
May 2007
June 2007
July 2007
August 2007
September 2007
October 2007
November 2007
December 2007
January 2008
February 2008
March 2008
April 2008
May 2008
June 2008
July 2008
August 2008
September 2008
October 2008
November 2008
December 2008
January 2009
February 2009
March 2009
April 2009
May 2009
June 2009
July 2009
August 2009
September 2009
October 2009
November 2009
December 2009
January 2010
February 2010
March 2010
April 2010
May 2010
June 2010
July 2010
August 2010
September 2010
October 2010
November 2010
December 2010
January 2011
February 2011
March 2011
April 2011
May 2011
June 2011
July 2011
August 2011
September 2011
October 2011
November 2011
December 2011
January 2012
February 2012
March 2012
April 2012
May 2012
June 2012
July 2012
August 2012
September 2012
October 2012
November 2012
December 2012
January 2013
February 2013
March 2013
April 2013
May 2013





NOTICE
Be advised that all
e-mails received are subject to inclusion in the Blawg. If you do not wish your name published with that e-mail make certain that you notify me in it.

Copyright

Everything herein is copyrighted by Kenneth Frank Patrick Lammers Junior. License for use of particular posts is granted so long as this site is linked to and credited. Serial republishing of all or the majority of posts on a separate website from CrimLaw is forbidden.