Appeals Filed and Trials Postponed

What an exhausting week!

First, I was set for a possession of marijuana trial in Harris County on 4/20.  I was so eager to try that case and hopefully get a NOT GUILTY on the marijauna holiday, but it wasn't to be.  For the second time.  The first time the case was set for trial it was reset because the district attorney thought that the day of trial would be a good time to turn over BRADY bodycam video.  I am sure glass I did not push forward without it ;).

This time, the case was reset because the judge wanted to get a two day trial out of the way, whereas mine would only take one day  Although I was disappointed to not try this case, it gave me time to finish up an appeal.  My appeal client was sentenced to life in prison for aggravated sexual assault of a child, which is the legal term for "rape" in Texas.  You'd think that a trial for this type of charge might take quite a while, but this trial only lasted two days and they sent my guy to the slammer for the long haul.

I was not the trial lawyer.  The trial lawyer was a guy who is infamous for being found ineffective multiple times, yet for some reason, the courts keep appointing this guy to cases (in my opinion it is because they way certain defendants locked up for life, and this guy's representation almost guarantees it).  I don't want to get into the details of the case, but I'll tell you what's important.

The complainant (what you might naturally as the victim) claimed my client diddled her.  The complainant also claimed that three boys raped her at a party in another county that were no-billed. Mind you, a prosecutor could indict a ham sandwich.  The prosecutors sent the trial lawyer a motion in limine that indicated the girl made accusations in the other county. (P.S.  This crappy notice is going to be a huge issue and a potential Brady violation if there is a writ filed.)  The trial lawyer didn't read the notice/motion and didn't request a continuance to investigate the allegations to see if they were false, which would be necessary to cross-examine/impeach the complainant at trial.

You might not think her prior false allegations of abuse are all that important, but they are huge, and particularly huge in this case.  Why?  Because the complainant claimed my client penetrated her, and touched her elsewhere.  Well, the nurse recovered my client's DNA everywhere the complainant said my client touched her, except in her vagina, AND the nurse testified that if he really did penetrate her vagina, his DNA should be there under the circumstances.  PHEW!  It's uncomfortable talking about this.  I don't like sex offenders and pedophiles, but if I'm not protecting their rights, your rights wont be protected.

So the point here is that if my client did not penetrate the girl, he is not guilty of aggravated sexual assault, which brings me to my second point, the court committed error by not including a jury charge for the lesser offense of indecency with a child.  

I don't know if my client is guilty, and it wouldn't effect my representation if I did or he was.  I never in a million years thought I would be an appellate lawyer in Texas, but it can be fun at times.  Now it is time to wait and see what happens.

Lawyer Shopping Advice: You Get What You Pay For

I am absolutely raging right now, but not in the "let's go rage" way that so many of my friends in SoFlo used to say before going out in Ft. Lauerdale.

Nope.

I am mad at you, my potential clients.  I am mad because I care for you.  I care for you before you even give me a dime.  In fact, I am mad because I want what's best for you.

Am I always going to be what's best for you?  No, but I can tell you a story to illustrate why I may be a good choice.

Twice this week, TWICE, I got phone calls from folks who live hundreds of miles away, and the conversation goes something like this:

"My family member is in jail.  He doesn't have any family in the area and few friends.  He's never really been in trouble before, and I am looking for a lawyer.  I got your name from So and So (big time lawyer considered one of the best in the game).  He's been charged with X crime, how much is it?"

"I am so honored to be getting refers for Mr. So and So...tell me what's going on."

"Well .... (details that potential client's family member thinks they know)....How much is it?"

"Thank you for sharing that with me.  I am going to see what I can find on the clerk's website.?

"How much is it?"

"Sir, I understand you are concerned about the price, but I'll tell you what, I want to give you and your loved one a price that is fair to me.  There are so many variables that could determine what a fair price is, and I will only have an idea after I speak with your loved one.  We have been on the phone for 30 minutes, and I'll tell you what, I am going to take time to go visit your loved one in jail and interview him personally if that is ok with you.  But before I do that, I am sure you will talk to other lawyers, and you should probably do that, but just remember you get what you pay for, and I think a lawyer that will give you a price right off the bat without knowing anything probably isn;t going to put in the work necessary needed for your loved one's case.  Also, this is my price range (price range) for the charge.  Do you still want me to take an hour or so to go visit your loved on in jail?"

"Oh yeah, great, I like you already."

 "I will call you as soon as I talk to your loved one in the next 24 hours."

I then go to the nasty, stinky, too cold or too hot jail, after paying to park and I go introduce myself to the potential client.  They are gung ho about hiring me.  I give them a price and they say yah let's do it!  I say great, I'll tell your loved one what you said.

I get to the office and call the person who called me and they either never answer, or tell me they hired a lawyer who the bail bondsman recommended and is charging next to nothing.

So, you see why I'm mad with you, the potential client or his/her family member.  I do everything in my power to help you, and be fair to you, and you don't take my advice. 

This has happened to me 6-10 times in my career so far.  I have yet to see one of these potential clients get bailed out, I have yet to see one of these potential clients go to trial despite proclaiming their innocence.  On the flip side, I have been the second lawyer hired on several cases where the family hired the lawyer the bondsman or some inmate recommends. They are always more happy with me.

I may charge slightly more for my representation than others, but that is so I can keep a low caseload and devote to you the attention you deserve.

Word to the Wise:  You get what you pay for.  If a lawyer is giving you his time and undivided attention before ever being paid, and he wants to be fair to you, there is a good chance you might hire him or her now, instead of hiring the cheap guy, paying him, then hiring the first lawyer you spoke to and paying him too.

P.S. Experience is useless if its bad experience.

 

 

 

 

 

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