The Ballad of Marijuana Defendant

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.

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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