Way To Go Judge

The law seems simple enough... Supreme Court Operating Rule 16.02 (m) states that "no media coverage shall be allowed in criminal cases until the defendant is represented by counsel or waives representation". Simple right? Apparently not for the legal genius sitting on the bench. In a stunning move of stupidity, the judge allowed himself to become a part of an "undercover sting operation" by the local TV station. He allowed cameras in his courtroom to film defendants being arraigned on Driving While Revoked Charges. Their faces were not even blurred and the story even NAMED THEM. The judge, following the script, then proceeds to ask these people "if they drove to court that day". Way to honor the right to remain silent judge. Once the defendant leaves the courthouse, another camera films them driving away. Unfreakin believable. And all this time I was under the assumption the court was there to protect people's rights, not sell them out for 5 minutes of face time. I hope it was worth it judge.

Red Light Cameras

Apparently laziness isn't standing in the way of the government trying to screw us. Since they don't want to pay to put a cop on every corner to catch all of us doing something they can fine us for, the powers that be have decided to install Red Light Cameras. The concept seems simple enough- if your car goes through the light when it is red, the camera snaps a photo of your license plate while another snaps the light showing it was red. Or does it. How do we know there isn't a time delay? What if you go through on yellow and it changes to red after you enter? And what if you aren't driving? I thought the burden of proof was on the government... i seem to recall reading that somewhere. But instead the burden shifts to the citizen to prove he was not driving or the light wasn't red. Now there is talk of the city making this offense civil in nature to avoid all of those pesky Constitutional issues. I for one will tell everyone I know to tell the city to fuck off. If you receive a summons in the mail, throw it away. The City will never be able to prove you received it. If they fine you, don't pay it. The County jail is over capacity as it is, no way in hell they will ever put anyone in jail for civil contempt for not paying this stupid ass fine. Its a joke.

More Reasons to Hate the Man

Every day brings validation as to why I hate the government. Let me count the ways:

1. Jasper County Missouri has decided to have a 7th grader stand trial as an adult. Thats right folks, a 7th grader! He brought a gun to school and pointed it at the teacher before firing a round into the ceiling. A kid with some problems to be sure but to try him as an adult is insane.

2. "Discretionary Sex Offenders"... Here is the scenario... average property crime, let's say Tampering (damaging a vehicle). Defendant pleads guilty and is placed on probation with the usual conditions. He meets with his Probation Officer who runs his history. History shows that 10 years ago client was ARRESTED (never charged or convicted) for sexual misconduct. PO takes it open him/herself to order client to go to sex offender counseling. Client balks. Judge upholds the PO's order and now you are going to sex offender treatment with rapists and pedophiles. And when you deny that you are a sex offender, they kick you out, the PO files a violation report and the same judge revokes you and sends you to prison. You have to love America.

3. Client is charged for domestic assault (hitting her brother in law with car). Client posts bond. Client is unable to make the payments to the bondsman who brings her to court the day of the Preliminary Hearing. The State is not ready to proceed as they have no "victim" (what a shock on a domestic). Here is where it gets interesting. Not only is the case not dismissed but client is taken into custody! She shows up, the State is not ready yet she ends up in jail.

4. I hate bonds in general. If you are poor you are a flight risk and a danger to the community. But if you can come up with a grand total of $1000 (which PD clients cannot), then the State suddenly is not so concerned and looks the other way. Add to that the fact that a client on the outside can build a positive history prior to sentencing as opposed to the client that sits in jail and stares at a wall for 6 months.

The Law on TV- Part 2

If the justice system hasn't become a mockery on TV before, well get ready folks... Armed & Famous is the newest reality show on TV. Celebs such as Erik Estrada and LaToya Jackson becomes... COPS! Given guns and the whole nine yards. I for one have no doubt that LaToya is up on her 4th Amendment Search and Seziure Law. At least she will know a controlled substance when she sees it. What ever happened to civil liberties and due process? Are these celebs going to show up and testify at prelims and suppression hearings? Of course not. Because some producer will flash a little cash to the uneducated and star struck defendant and it will all go away. It's all in the name of showbiz after all... let's not let a little thing like the Constitution get in the way.

The Law on TV

When people find out what I do for a living, I usually get two questions. The first, of course, is "How can you do that". The second is "Do you watch those law shows on TV?" The media has gone a long way to ruin the justice system for everyone, defendants, jurors, witnesses and victims. Everyone expects a case to be resolved in 60 minutes. Defendants expect their counsel to do as the ones on television (i.e. accuse the judge of illegal and unethical behavior and still go home at the end of the day).

Something is very wrong when someone like Nancy Grace is the source of information for legal matters to the general public. This is a woman who has been reprimanded by both the 11th Circuit and the Supreme Court of Georgia for unethical behavior and, among other things, presenting testimony to the court which she knew to be false. How this woman hasn't been disbarred is beyond me. Now she is a celebrity. Just goes to show that often in this country, intelligence and integrity are not as important as luck. Sad indeed.

Judicial Blackmail

How is it that Prosceutor's can do anything? Google "Judge Meyer Missouri" if you have some spare time. What an outrage. What ever happended to checks and balances and an independent judiciary? If one ruling goes against them, PA's are now smearing judges in the media and filing bar complaints against them. It's blackamail plain and simple. If a defense attorney did such a thing there would be chaos.

What makes it worse is politicans throwing judges under the bus and doing what they can to take all power away from judges. Scary stuff folks. We are more and more going to a place we don't want to go. Think 1939 Nazi Germany.

Another Disgruntled P.D.

People often ask public defenders what it is they really do. I have heard many possible answers but a friend of mine came up with the best one and thus became the name of this blog. He said, we really only do three things: Ask Questions, Raise Hell and Bitch.

Ever see Animal House when Jim Belushi says, "Was it over when the Germans bombed Pearl Harbor.... it's not over till we say its over.

You know when you have had a good day? When the Judge, the cops and the PA are all pissed off at you. You can smile and go home happy. Freedom is preserved for at least one more day.

It's not an easy job. The best shirt I ever saw was from NCDC. "Don't tell my mom I'm a criminal defense attorney, she thinks I'm a piano player in a whorehouse.