We've nearly completed our move into new space - at 255 Washington Avenue Extension, in Albany. My brother Steve updated the main website to reflect that, but all the map sites show our building at 225 instead of 255. Weird.
Anyway, it's been a hectic few days getting the move done. We'll finish most everything tomorrow. It feels like a big step up. Our last space was ... well ... a dump. It was good for starters but we really outgrew it.
Now we're in truly first class space. Our new landlords, Tri-City Rentals, have been great. It's expensive, but well worth it.
More later once we get settled in a bit. Of course, I'll miss the first real day in the office, as I have a trial Monday.
Saturday, April 29, 2006
Friday, April 28, 2006
TV Interview - Justice Now
Ernie Tetrault informs me that his latest interview of me will be broadcast Sunday at 11 am on UPN 4. Tune in for our discussion of the metatheoretical presuppositions underlying the inappropriately named criminal justice system.
Oops. I must have taken a sociology class or dated a sociology student once. Ernie and I talked about the criminal process in NY.
Oops. I must have taken a sociology class or dated a sociology student once. Ernie and I talked about the criminal process in NY.
Tuesday, April 25, 2006
Blog post on Schenectady and new license plate reader
I was tipped off to this post on new technology in Schenectady, and asked to post my thoughts about it.
It will probably not surprise regular readers to know I'm not fond of the idea of police having a scanner reading license plates seemingly at random as the police vehicle drives down the street. A bit too much Big Brother.
Concerns include the accuracy of the device. What if the device misreads a plate and this leads to a traffic stop ... and something goes wrong?
The discussion also indicates how much money will be brought in by catching all these scofflaws. But the reality is that many scofflaws will eventually be brought in anyway when something else happens -- driver license renewal; regular traffic stop; insurance renewal; etc. So it's not that more money will be generated, but rather that it will come in a little quicker.
On the other hand, I can't say I'm losing a lot of sleep over this issue either way. There are bigger fish to fry.
It will probably not surprise regular readers to know I'm not fond of the idea of police having a scanner reading license plates seemingly at random as the police vehicle drives down the street. A bit too much Big Brother.
Concerns include the accuracy of the device. What if the device misreads a plate and this leads to a traffic stop ... and something goes wrong?
The discussion also indicates how much money will be brought in by catching all these scofflaws. But the reality is that many scofflaws will eventually be brought in anyway when something else happens -- driver license renewal; regular traffic stop; insurance renewal; etc. So it's not that more money will be generated, but rather that it will come in a little quicker.
On the other hand, I can't say I'm losing a lot of sleep over this issue either way. There are bigger fish to fry.
Friday, April 21, 2006
Police officer blog
I got a comment on one of my posts from a police officer. I checked out his blog. Looks like it's new, but I wanted to recommend it because I think it's great to hear from their perspective.
SJ Mercury News on Criminal Defense Lawyers
The third part of the SJ Mercury News series deals with the failings of some criminal defense lawyers. They discuss a practice where lawyers will charge a high up-front fee and then push the client to take a plea bargain. That makes for a good effective hourly rate, but not for good lawyering. In the particular case they discuss, the lawyer allegedly told the client he would only get one year when he actually got five. If that's accurate, that's very bad.
I always tell my clients that I love trials. I have one case right now where I've promised the client I won't charge him any more no matter how far the case goes. This particular case involves certain public policy issues that are quite important to me.
For me, trial has various aspects of playing a game. Cross-examining witnesses is one aspect of being a lawyer I really enjoy. But the "game" reference I make is important. For me it is a game. I get to go home when it's over, no matter what happens. That's why my client has to know the risks involved. Unfortunately, going to trial on a criminal case involves very big risks. Right or wrong, some judges will impose a higher sentence on someone who went through a trial. I've heard judges threaten defendants with exactly that.
That's not how sentencing is supposed to work, by the way. It's not discussed in the SJ Mercury's part about judges, but it's important. Sentencing is supposed to be an evaluation of the crime, the defendant's criminal history, character, and a variety of factors. Refusing to take a deal and demanding your right to a jury trial are not factors that should be considered in sentencing. But at least some judges do consider that as a factor, and often it is a big factor.
As a defense lawyer, I have to make sure my client understands all the risks, including the risks in the plea bargain. Like if the offer is 2 1/3 to 7 (two and one-third years, up to seven years), that you're pretty likely to do seven years. It might be easier to persuade the client to take the deal by talking about the low number, but personally, I think most people end up with closer to the higher number.
The article also talks about defense lawyers not doing proper investigation, and making certain trial mistakes (like not objecting to prosecutor misconduct). The investigation one is tricky. Getting a case investigated is not part of the lawyer's fee. I offer that to my clients, but they have to pay an investigator to do that work. I recommend one or two different private investigators, and let them decide.
Trial mistakes bother me more. There's no one to put that off on. You want to make sure that your lawyer is an experienced trial lawyer, and hopefully a successful one. A trial lawyer has to understand the concept of preserving the record for appeal. If you don't state your objection in a timely manner, your client will not be able to make that argument on appeal. There is a tactical danger to this. If you object all the time to all the prosecutor's conduct, the jury may feel you're argumentative and maybe overlawyering the case, and they may hold that against your client. Part of the trial lawyer's job is to be likeable to the jury. It's not supposed to be a popularity contest, but that aspect is always there. A good trial lawyer understands all this and does their best to balance these issues.
While there are many good trial lawyers, we all have our weaknesses. Some are just not as bright as others. Some lack motivation. Some don't keep up on the latest court rulings (or even the not so recent ones). Some don't have that game-playing mentality that is so important in the courtroom. There's a whole host of issues that can be a problem.
And if you get the wrong defense lawyer, you're going to have some serious problems.
I always tell my clients that I love trials. I have one case right now where I've promised the client I won't charge him any more no matter how far the case goes. This particular case involves certain public policy issues that are quite important to me.
For me, trial has various aspects of playing a game. Cross-examining witnesses is one aspect of being a lawyer I really enjoy. But the "game" reference I make is important. For me it is a game. I get to go home when it's over, no matter what happens. That's why my client has to know the risks involved. Unfortunately, going to trial on a criminal case involves very big risks. Right or wrong, some judges will impose a higher sentence on someone who went through a trial. I've heard judges threaten defendants with exactly that.
That's not how sentencing is supposed to work, by the way. It's not discussed in the SJ Mercury's part about judges, but it's important. Sentencing is supposed to be an evaluation of the crime, the defendant's criminal history, character, and a variety of factors. Refusing to take a deal and demanding your right to a jury trial are not factors that should be considered in sentencing. But at least some judges do consider that as a factor, and often it is a big factor.
As a defense lawyer, I have to make sure my client understands all the risks, including the risks in the plea bargain. Like if the offer is 2 1/3 to 7 (two and one-third years, up to seven years), that you're pretty likely to do seven years. It might be easier to persuade the client to take the deal by talking about the low number, but personally, I think most people end up with closer to the higher number.
The article also talks about defense lawyers not doing proper investigation, and making certain trial mistakes (like not objecting to prosecutor misconduct). The investigation one is tricky. Getting a case investigated is not part of the lawyer's fee. I offer that to my clients, but they have to pay an investigator to do that work. I recommend one or two different private investigators, and let them decide.
Trial mistakes bother me more. There's no one to put that off on. You want to make sure that your lawyer is an experienced trial lawyer, and hopefully a successful one. A trial lawyer has to understand the concept of preserving the record for appeal. If you don't state your objection in a timely manner, your client will not be able to make that argument on appeal. There is a tactical danger to this. If you object all the time to all the prosecutor's conduct, the jury may feel you're argumentative and maybe overlawyering the case, and they may hold that against your client. Part of the trial lawyer's job is to be likeable to the jury. It's not supposed to be a popularity contest, but that aspect is always there. A good trial lawyer understands all this and does their best to balance these issues.
While there are many good trial lawyers, we all have our weaknesses. Some are just not as bright as others. Some lack motivation. Some don't keep up on the latest court rulings (or even the not so recent ones). Some don't have that game-playing mentality that is so important in the courtroom. There's a whole host of issues that can be a problem.
And if you get the wrong defense lawyer, you're going to have some serious problems.
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