I won a criminal trial today and never expected! Pulled it outta my left butt cheek!

Dueller · 10-07-2010, 02:00 PM

Had a trial today on a 20 y.o. kid charged with possession of marijuana and DUI-controlled substance. Kid didn't have a whole lotta money, but he was getting the shaft from the LEO and DA. I took a nominal fee (About 15% of what I would normally charge) as I thought the case was a total loser after reviewing the stop, arrest and booking video's. I mean the kid confessed on camera...he was so honest he told the cop about the pot without being asked.

When the prosecutor wouldn't deal on a plea, I said "Fock you...I'll try it rather than roll over. My client has nothing to lose."

Problem was I wasn't prepared as all I was hired to do was plead it out. Bench trial (no jury). Had to use the prosecution witnesses in cross examination for my guy's defense. After prosecution rested I moved for directed verdict. Motion denied. I rested without putting on any witnesses and did an eloquent (if I do say so myself) closing argument relying primarily on the videos introduced by DA and motion to dismiss.

Judge dismissed the charges...not guilty!!!!

His mom, I might add who is about 40 and hot in a redneck sorta way, was in tears with joy. Did I mention she is divorced? Maybe this will add new meaning to pro boner.....er pro bono work

crustychief · crustychief's Garage

Good job Jim!

Neilk · 10-07-2010, 02:23 PM

Congrats to you, but not to be an ass or anything, what did you say to get drunk pot head's charges dismissed?

Dueller · 02:38 PM

Well I made the issue whether the video's/officers' testimony was credible as to whether he was under the influence/impaired at the time of stop/driving. No ETOH was involved. Basically I used the parrallel example of whether a pesron would be under influence DUI if they had one beer 4 hours before the stop and confessed to drinking earlier.

Zeke · 10-07-2010, 02:32 PM

I remember when you brought this kid up here when he was charged. Seemed to me you thought he was being hosed from the get go. Sounds like you made a good call.

Now, let's hope that helped the kid.

Dueller · 02:38 PM

Quote:

Originally Posted by milt

I remember when you brought this kid up here when he was charged. Seemed to me you thought he was being hosed from the get go. Sounds like you made a good call.

Now, let's hope that helped the kid.

Different kid...this was one that came in to my office last week. Judge gave him a pretty stern lecture about how close a call it was and what a stellar job I did. ven the asshat DA congratulate me after the trial.

I almost focked up....as was my prior habit I used to call my wife and tell her the outcome...especially on unexpected victories. Walked into the hall and pulled out my phone to call her but caught myself before finishing dialing. Old habits die hard. Besides she would think I made a buttload of money and get even greedier.

quicksix · quicksix's Garage

Send a Thank you card to Jill

Dueller · 10-07-2010, 02:41 PM

Quote:

Originally Posted by quicksix

Send a Thank you card to Jill

Spewed diet coke outta my nose

red-beard · red-beard's Garage

Counselor, need I remind you that it is unethical to sleep with your clients?

Their MILF mothers are a completely different kettle of fish...

Fish...I kill me....

Dueller · 10-07-2010, 02:49 PM

Quote:

Originally Posted by red-beard

Counselor, need I remind you that it is unethical to sleep with your clients?

Their MILF mothers are a completely different kettle of fish...

Fish...I kill me....

Will get you disbarred here if it is shown you trade sex for your fees.

Rick Lee · Rick Lee's Garage

I went to fight a parking ticket I had gotten for parking by a pole with no "no parking" sign on top of it. Cop was sitting in his car watching me, said nothing. I had no idea I was doing anything wrong. Came out five min. later and there was a ticket on my windshield, cop was gone. I took a photo of the missing "no parking" sign, called the cop and he said he'd see me in court. What a dick. Got to court and the cop's photos were identical to mine. Judge didn't let me say a word, just dismissed it. I went over to thank the cop for coming to court.

MotoSook · 10-07-2010, 02:54 PM

Congrats, Jim. Hope the kids sees this as a life changing event and makes something of himself. Wish I had you in my area in case I ever see trouble.

Christien · Christien's Garage

Quote:

Originally Posted by quicksix

Send a Thank you card to Jill

A relatively-new guy here, and he's already got my vote for post of the year!

Joeaksa · 10-07-2010, 03:17 PM

Hope the kid learns a lesson.

Good on you Jim!

Nine17 · Nine17's Garage

Quote:

Originally Posted by Dueller

Will get you disbarred here if it is shown you trade sex for your fees.

As it would in most jurisdictions.

As for DUI marijuana, it's well-known that because cannabis is a controlled substance there are no "partition studies" such as have been done with alcohol, where scientists determine levels of impairment based on controlled levels of intoxication. As a result, in California there is no presumption of impairment when marijuana has been consumed by a driver, and the prosecution must show ACTUAL impairment on the part of a driver who has consumed marijuana. This might be based on evidence of bad driving or poor performance on field sobriety tests. The mere consumption of marijuana before getting behind the wheel does not a DUI make.

Because of this, you would have been guilty of Ineffective Assistance of Counsel to have plead this kid out as you had planned. Consider yourself doubly lucky.

cgarr · cgarr's Garage

I just gave my Son you phone number! you never know, and send the bill to his Dad!

speeder · speeder's Garage

Quote:

Originally Posted by Nine17

As it would in most jurisdictions.

As for DUI marijuana, it's well-known that because cannabis is a controlled substance there are no "partition studies" such as have been done with alcohol, where scientists determine levels of impairment based on controlled levels of intoxication. As a result, in California there is no presumption of impairment when marijuana has been consumed by a driver, and the prosecution must show ACTUAL impairment on the part of a driver who has consumed marijuana. This might be based on evidence of bad driving or poor performance on field sobriety tests. The mere consumption of marijuana before getting behind the wheel does not a DUI make.

Because of this, you would have been guilty of Ineffective Assistance of Counsel to have plead this kid out as you had planned. Consider yourself doubly lucky.

Cool! So you can use the old, "I'm just a schitty driver", or "I can't even do that sober" defense.

Nine17 · Nine17's Garage

Sure you can. And if you walk into court looking like some stanky hemp-addled pot-head, good luck with that!

Dueller · 10-07-2010, 08:31 PM

Quote:

Originally Posted by Nine17

As it would in most jurisdictions.

Because of this, you would have been guilty of Ineffective Assistance of Counsel to have plead this kid out as you had planned. Consider yourself doubly lucky.

Have to disagree...in my jurisdiction, there are two statutes that govern DUI-non ETOH...One does require a showing of actual influence and actual impairment. The other does not require a showing of actuAL IMPAIRMENT IF THE SUBSTANCE IS ILLEGAL TO POSSESS. tHUS YOU HAVE TWO DIFFERNET WAYS YOU CAN GET BUSTED.

bE CAREFUL JUDGING MY COMPETENCY

Nine17 · Nine17's Garage

HARSH statute! On what grounds did the judge acquit if your client was facing virtually strict liability with an admission or confession that was admitted into evidence?