Quote: (03-07-2013 03:57 PM)Merenguero Wrote:
Quote: (03-06-2013 10:24 PM)Merenguero Wrote:
Quote: (03-06-2013 10:11 PM)presidentcarter Wrote:
Quote: (03-06-2013 09:03 PM)Merenguero Wrote:
Quote: (03-06-2013 08:57 PM)presidentcarter Wrote:
He's the type that will postpone your court date if he knows the prosecutor and judge working that day won't make a deal with him.
I'm not that type. Fuck postponements unless I'm in Miami or in another court. Put the pressure on them.
Why wouldn't you postpone? I know if I was on the chopping block I'd appreciate every advantage I could get. You say unless you're in Miami so maybe it varies by court system?
The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to a speedy trial. When a Defendant consents to a state continuance or requests a continuance, he completely screws himself if he wants to in the future claim that he was deprived of his right to a speedy trial. If a Defendant requests some stupid continuance and it takes a year, two years, or five years to get to trial, good luck trying to claim that he was deprived to his right to a speedy trial. The truth is that if a defense attorney is doing everything that he possibly can, most cases will fall apart by themselves, especially if the attorney is not requesting continuances or consenting to state continuances. The idea is to continously be putting pressure on the state and not worry about who the judge is or anything else. Getting in front of the right judge is great for those lawyers who make it their practice to plea bargain and are not interested in trying cases. Plea bargaining is not really part of my daily ritual. In ten years, I don't think I have ever walked out of a courtroom and said, "I really had the wrong judge. I think I would have done much better if I had postponed the case before, waived my client's speedy trial rights, and taken a great deal of pressure off the state." I hope this helps.
I just got a client off of a serious offense specifically because he was deprived to his right to a speedy trial and I never waived that right by requesting a continuance or by consenting to a state continuance.
Interesting difference of practice with the speedy trail approach vs. delaying court date to get in front of the best dealmakers.
My guy will also push a Muni case to County court if he doesn't get the outcome he/the client wants. County courts are more concerned with murders and traffickers so more minor offenses usually get off easy here.
What are your thoughts on this practice?
"...it's the quiet cool...it's for someone who's been through the struggle and come out on the other side smelling like money and pussy."
"put her in the taxi, put her number in the trash can"