Friday, October 31, 2008

Dilemma

Met a client on 14/30 for trial (for you non-law nerds out there, that means that he is on day 14 of the 30 day period, day 30 being the day he has a right to be brought to trial by). He is in custody. He has 7 probation violations, one is a felony, and one open misdemeanor case.

He is 100% innocent of the new case, and in fact HE is the victim. HE was getting attacked by his girlfriend. HE called police. His family (I met them in court) has seen countless instances of his girlfriend beating him and their kids.

I really feel like I can win this case, but I will have to drag him to trial since he is scared no one will believe that he was the victim and is ashamed to have people know that his girlfriend was abusing him. This kid breaks my heart.

I always get nervous when I have to convince a client to go to trial, because if I am wrong he is going to hate me forever.

1 Comments:

Blogger Jeff Deutsch said...

Hello Ipse Dixit,

My best wishes to your client. I assume he has been tried by now, so unless there was a special postponement I hope he was acquitted.

I can understand his terrible dilemma. For much the same reason, female sexual assaults against males are no doubt underreported much more than the (admittedly probably far more common) other way around.

If I may ask, given your criminal defense experience how do you conclude that a particular client of yours is actually innocent?

Keep up the good work. No less than our police, military, jail guards - and yes, prosecutors - you and others like you maintain civilized society.

Cheers,

Jeff Deutsch

11:15 AM  

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