6/08/2005
Around the Web
2) A PD's office doing away with guilty pleas at arraignment. We don't have this issue in Virginia because the first court appearance (usually within 48 hours) is only to make certain the defendant knows his charge and to determine what he's going to do about an attorney. I really don't understand why States (and the feds) have pleas at that early stage.
3) Yep, if your client wants you to file that useless appeal you have to file it. I know he pled guilty. I know he signed away his right to appeal. I know that the judge's sentence was entirely legal. I also know (as does every criminal defense attorney) that you file that appeal.
4) The right to abortion apparently does not protect the person who ends the existence of the unborn, even if the mother asks him to do it (I guess there must be a doctor exemption).
5) Insanity: Doing the same thing over and over [in ever failing attempts to stop repeat DUI drivers] and expecting a different result.
6) There's nothing illegal about running away from your family so long as you don't lie to the police.
7) Remember, in Virginia you cannot sing religious songs too loudly.
8) Imagine being the guy who failed the bar by 3 points and then getting a letter telling you that they guesstimated your score on one section of the exam (because your answer was stolen).
9) Don't give your college professor your social security number unless you want him to ruin your credit.
10) You kill someone. You head for the border (probably a smart move). You bring along the bloody chain saw (not so smart). You cross at a border post (Darwin award time).
11) It's harder to prove a white collar crime than your basic shoplifting case.
12) Committing crimes bad. Committing crimes with mandatory minimum sentences particularly bad.
13) Is it kidnapping if it's consensual?
14) Want fame? Hire a prostitute in Oakland.
15) More comment from an appellate judge: "Judges are a lot like dogs - usually friendly and mostly attentive - but beware when they travel in packs. "
16) Banishment's back!
17) And it's always interesting to look at the most over the top prosecution website. However, if memory serves me, it seems to have toned down a little.
Ken Lammers . . . Permalink . . . 7 comments 7 Comments:
said on June 08, 2005
Luckily I archived the old version of the DA's office in #17, and there were a large number of things they said that could probably be considered unethical. The new version, is mostly just human interest stories and rants about other parts of the executive (or the executive in other states.) Some of them are wildly incorrect, but this is to be expect on a website aimed at non-lawyers.
Also, why do they have so many unpaid interns?
said on June 08, 2005
#17- If you want to have fun sometime, talk to some of the Judges that use to be mentioned frequently in the outrage of the month section.
said on June 08, 2005
I expect this kind of website out of non-lawyers, but for lawyers it is unpardonable and unethical. He seems to have come to the conclusion that if he can say bad things about judges that his lawyers do not appear before he is in the clear. He also refrains, it seems from mentioning Supreme Court cases. Since this is a website for lay people he doesn’t cite to actual cases, because he figures that they will buy just about any piece of propaganda. And they do. What is sort of funny is he quotes from the article about a judge telling a rape victim to “get over it” that was later found by a jury to be defamatory!
Ken Lammers said on June 08, 2005
A large office having a number of unpaid interns isn't all that uncommon (in my experience). I think that a lot of law students think it is something good to have on their resumes and hope it might lead to a job.
Mister DA said on June 08, 2005
Based on the number of Assistants profiled (14, I think, including the chief) is this a large office? We have the elected PA, a chief assistant, 11 full time APAs and one part-time APA. 13.5 attorneys. No on considers us a large office.
With three full-time, paid interns for the summer, we're at about maximum capacity. On the other hand, out interns do real work - research and writing, pre-trial hearings in misdemeanor court, misdemeanor bench and jury trials, witness prep, etc.
When I saw the "class" picture, I thought this must be a major metro area office.
said on June 08, 2005
I have a problem with using unpaid interns for anything, or requiring that people work for free.
Now, when I was in law school, I never applied for any of those unpaid internships, and I still got the same amount of experience others did. However, a few of my classmates were lured in by a "line of sh**" (as one person who hires unpaid interns termed it) about how their office respects summer interns and hires them. (Sometimes they do, sometimes they don't.)
There is something profoundly wrong about asking people to work for free. In fact, if the private sector was doing it, in most cases it would be illegal. Their employment status is nebulous, and most of them are operating under the belief that people see them as talented. They don't. Everyone knows that ANYONE can work for free in a DA's office and it is hardly an impressive thing to put on a resume.
If their skills are so valuable they could simply pay them. It isn't as if DAs are hurting for money, or there is a real shortage of lawyers. Likewise, there is a robust market for legal work, so it isn't a circumstance where the free market can't provide low-level legal work to a DA's office. Instead, they seem to be relying on some sort of moral argument to convince
As a citizen I am somewhat disturbed by the fact that uncompensated non-lawyers are representing the “people” (or “commonwealth” or “state”) at trial. This essentially means that someone with less than the minimal amount of competence required for a bar exam is protecting me from the anarchy that the sum-total of misdemeanors in any jurisdiction represents.
Finally, my family would disown me if I worked for free. Although I don't have the final say in hiring, any candidate who admits that they "volunteered" for a government agency will get a negative recommendation from me. Take it off your resume before someone with self-respect spots it.
said on June 09, 2005
It's a fairly large office, second largest in the Commonwealth of Kentucky. Only Louisville's prosecutor's office is bigger.
I have no personal expereince with the internships in his office, I did mine up in Louisville and that was for course credit and the chance to get out of the court room.
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Chapters 1 - 13
- 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
- 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
- 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?
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I Must be too Good
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Announce Becoming Prosecutor
The Last Life in a Week
Monday
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Friday
~~~~~~~~~~~~~~~
CYA Letter: Felony Client
CYA Letter: Appeal
Conversation between Inmates about Lawyers
Innocent Client Pleads Guilty
Client Parents
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23 Felonies
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Why Not Drop?
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Buy Me Dinner First
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Is Litter Patrol Jail?
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