Monday, March 9, 2015

SHAKING MY HEAD AT THE HARRIS COUNTY COURTHOUSE

IF THE PROSECUTORS DON'T WORK...

Why should my client be dragged to court?  I have a case in Harris County that dates back to September.  For me, this is an interesting case that I would love to take to trial.  However, this case has enough bad characters that the case should be dismissed.

My client was the victim of barratry.  You see, lawyers aren't allowed to walk up to you in the courthouse and ask if you need a lawyer.  Needless to say, this lawyer charged my client very little money.  Word to the wise, you get what you pay for.  This lawyer, of course, did no work on the case for four months.

I get hired, and get to work hard and fast for my client.  I do some digging and find out that the complainant and all the witnesses have several convictions for crimes of dishonesty.  Add this to the fact that the weapon was not found, and you should have a dismissal.

I do what I sometimes do, and tell the prosecutor that her case is bad and what she needs to look into. Of course, the prosecutor who wrote those notes on the file was not the prosecutor handling the case, and she didn't write the note where notes are always written.  

So my client and I slog through the horrible weather and traffic to court.  I ask the prosecutor if she is ready to dismiss, because if not, I am setting this case for trial.  She tell me she hasn't yet evaluated the case.  JIMMINY CRICKET!!! The case is SIX MONTHS OLD!!!!  You haven't LOOKED AT THE CASE??!?!?!?!  You have me and my client coming to court for 6 months for no darn reason at all?!?!?

I approached the judge to set the case for trial.  This court requires a disposition hearing before the case can be set for trial.  The judge insinuated that because I have only been on the case for 2 months that we need more settings.  I might appreciate that sentiment in some cases, but I AM NOT THE ONE ASKING FOR TIME!

This is what happens in the Harris County Courthouse.  This is what the Harris County District Attorney does.   I don't blame the prosecutor that is assigned to my case.  She is sweet and will hopefully dismiss the case.  She has no power or authority.  I blame the elected DA.  

IT'S A GOSH DAMN WAR OF ATTRITION!!!  

IT'S LIKE BEING POKED 1,000 TIMES IN THE SAME SPOT!!!

IT'S A WASTE OF EVERYONE'S TIME AND MONEY!!!

Cory Roth, Signing Off.

713.864.3400


No comments:

Post a Comment