The Dope Defense Attorney
This case has become unreal. Just unreal. My client was charged with possession of marijuana. I don't want to give away too much here because I know the prosecutor, who I believe to be lovely and reasonable in her soul, has at the very least looked up body cameras in the local news. In fact, I think she was kind of impressed that I was quoted in the Houston Chronicle about this particular case.
Note: The Pic Is Not Me Or My Client
Credit where credit is due. She researched the matter, and dare I say me (although I doubt it), and then tried to get any reference to the article excluded from trial through a motion in limine.
So, just why has this case become unreal. Harris County Court 14 works in a peculiar way. Clients only have three or four court dates, spread out over about 6-9 months before their first trial setting. Personally, I like this set up. Your client doesn't get pointlessly dragged into court, and I don't find going to court every month for the same case a useful exercise for attorneys either. In theory, there should be more cases being dismissed in Court 14, and also more cases going to trial due to the scheduling. The problem is that cases are not actually being dismissed at the rate they should be.
Well I can tell you what, a whole ton of cases are set for trial in that Honorable Court everyday. While I'm not important enough for court staff to read my blog, I still take a risk by saying that showing up for trial TEN TIMES is inexcusable. It is a war of attrition to get the defendant to plead guilty by tearing away at their finances, will power, and soul.
My client is innocent and she will not plead guilty for something she did not do. Hell, there are defendants who may be guilty that want to go to trial, but feel like the government can't make there case, and that is their constitutional right.
Back to the topic. At my client's 9th trial setting, yes ninth, my client was told to return the next day (third day in a row), only if the judge called her case to trial. In other words, she didn't have to be at court like the rest of the defendants. So, I showed up in her stead. Judge Fields, who is truly a likable and well thought judge, calls my client's case to trial.
Ok, so I don't announce that I am ready. I don't have witnesses and I don't have my co-counsel with me at that exact moment. The was kind enough to say, "Counselor, you are great. You know what you are doing and know the facts of your case very well. You don't need co-counsel. You don't even need to go get your file." As flattering as his statement may be, commercial pilots don't fly solo, and neither do I. He reaffirms that my case is going to trial, so I run outside and call my client. Like the rest of Houston, she had trouble getting downtown in the tail end of a tropical storm. Too much trouble.
Meanwhile, we have a GREAT jury panel. I am talking about young and diverse. It was a beautiful thing. Two hours later, the judge tells the jury to go home. Judge Fields even proclaimed he had never seen such a good looking jury for the defense and jokingly said he wanted to take a picture with them. The times, they are a changing. However, My client finally arrives and Judge Fields graciously and justly did not revoke my client's bond because she had been on time the previous 9 trial settings.
I was so ready to try this case. Witnesses would have been great, but I won a good couple of battles during pretrial motions, not least including getting a spoliation instruction granted, should I present evidence warranting the instruction, which was likely to happen. I saw Mike DeGuerin in the elevator and got some words of advice from that legend, and I had some great attorney''s helping me at trial. The stars were aligning. It's a shame my client wasn't on time.
Lesson learned, don't give your client's the chance to mess things up, because they will, and at the worse of times.
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