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OtisTheMarsupial
06-16-2005, 11:18 PM
Some Advice From Your Public Defender

source:http://www.craigslist.org/about/best/sfo/70300494.html


First, let me say I love my job and it is a privilege to work for my clients. I wish I could do more for them. That being said, there are a few things that need to be discussed.

You have the right to remain silent. So SHUT UP. Those cops are completely serious when they say your statements can and will be used against you. There’s just no need to babble on like it’s a drink and dial session. They are just pretending to like you and be interested in you.

When you come to court, consider your dress. If you’re charged with a DUI, don’t wear a Budweiser shirt. If you have some miscellaneous drug charge, think twice about clothing with a marijuana leaf on it or a t-shirt with the “UniBonger” on it. Long sleeves are very nice for covering tattoos and track marks. Try not to be visibly drunk when you show up.

Consider bathing and brushing your teeth. This is just as a courtesy to me who has to stand by you in court. Smoking 5 generic cigarettes to cover up your bad breath is not the same as brushing. Try not to cough and spit on my while you speak and further transmit your strep, flu, and hepatitis A through Z.

I’m a lawyer, not your fairy godmother. I probably won’t find a loophole or technicality for you, so don’t be pissed off. I didn’t beat up your girlfriend, steal that car, rob that liquor store, sell that crystal meth, or rape that 13 year old. By the time we meet, much of your fate has been sealed, so don’t be too surprised by your limited options and that I’m the one telling you about them.

Don’t think you’ll improve my interest in your case by yelling at me, telling me I’m not doing anything for you, calling me a public pretender or complaining to my supervisor. This does not inspire me, it makes me hate you and want to work with you even less.

It does not help if you leave me nine messages in 17 minutes. Especially if you leave them all on Saturday night and early Sunday morning. This just makes me want to stab you in the eye when we finally meet.

For the guys: Don’t think I’m amused when you flirt or offer to “do me.” You can’t successfully rob a convenience store, forge a signature, pawn stolen merchandise, get through a day without drinking, control your temper, or talk your way out of a routine traffic stop. I figure your performance in other areas is just as spectacular, and the thought of your shriveled unwashed body near me makes me want to kill you and then myself.

For the girls: I know your life is rougher than mine and you have no resources. I’m not going to insult you by suggesting you leave your abusive pimp/boyfriend, that you stop taking meth, or that your stop stealing [censored]. I do wish you’d stop beating the crap out of your kids and leaving your needles out for them to play with because you aren’t allowing them to have a life that is any better than yours.

For the morons: Your second grade teacher was right – neatness counts. Just clean up! When you rob the store, don’t leave your wallet. When you drive into the front of the bank, don’t leave the front license plate. When you rape/assault/rob a woman on the street, don’t leave behind your cell phone. After you abuse your girlfriend, don’t leave a note saying that you’re sorry.

If you are being chased by the cops and you have dope in your pocket – dump it. These cops are not geniuses. They are out of shape and want to go to Krispy Kreme and most of all go home. They will not scour the woods or the streets for your 2 grams of meth. But they will check your pockets, idiot. 2 grams is not worth six months of jail.

Don’t be offended and say you were harassed because the security was following you all over the store. Girl, you were wearing an electronic ankle bracelet with your mini skirt. And you were stealing. That’s not harassment, that’s good store security.

And those kids you churn out: how is it possible? You’re out there breeding like feral cats. What exactly is the attraction of having sex with other meth addicts? You are lacking in the most basic aspects of hygiene, deathly pale, greasy, grey-toothed, twitchy and covered with open sores. How can you be having sex? You make my baby-whoring crack head clients look positively radiant by comparison.

"I didn't put it all the way in." Not a defense.

"All the money is gone now." Not a defense

"The bitch deserved it." Not a defense.

"But that dope was so stepped on, I barely got high." Not a defense.

"She didn't look thirteen." Possibly a defense; it depends.

"She didn't look six." Never a defense, you just need to die.

For those rare clients that say thank-you, leave a voice mail, send a card or flowers, you are very welcome. I keep them all, and they keep me going more than my pitiful COLA increase.

For the idiots who ask me how I sleep at night: I sleep just fine, thank you. There's nothing wrong with any of my clients that could not have been fixed with money or the presence of at least one caring adult in their lives. But that window has closed, and that loss diminishes us all.

tbach24
06-16-2005, 11:20 PM
WAY TOO LONG SORIUWEORIJWE

nothumb
06-16-2005, 11:25 PM
Obviously a real professional. She assumes that all her clients are guilty before they walk in the door.

NT

youtalkfunny
06-17-2005, 02:58 AM
Why shouldn't she? If I'm in that job, and 90% or more are guilty, why shouldn't I come to expect it?

If you live in a place where it rains 9 days out of 10, what would you expect to see when you get out of bed and look out the window? Are you going to presume "sunny" until evidence of rain is presented?

(Disclaimer: I'm not a lawyer; I don't work with the underpriviledged like NoThumb does. I made up the 90% number, I have no idea how many defendents who need a PubDef are actually guilty.)

nothumb
06-17-2005, 03:02 AM
[ QUOTE ]
If you live in a place where it rains 9 days out of 10, what would you expect to see when you get out of bed and look out the window? Are you going to presume "sunny" until evidence of rain is presented?


[/ QUOTE ]

Well, nobody gets forced into a plea bargain even though they're innocent if the weatherman screws up, or gets coerced out of their right to a fair trial under threat of harsher punishment. This is what those who need a PD are faced with in many cases.

NT

-Skeme-
06-17-2005, 03:03 AM
She sounds like a bitch.

ThaSaltCracka
06-17-2005, 03:03 AM
I am sure you know, but its very easy for a PD to become jaded.

-Skeme-
06-17-2005, 03:04 AM
TSC knows all about PDs.

ThaSaltCracka
06-17-2005, 03:06 AM
fortunately I never needed one, but I do know my fair share of lawyers. Being a PD is much much rougher than a private practice attorney.

nothumb
06-17-2005, 03:06 AM
[ QUOTE ]
I am sure you know, but its very easy for a PD to become jaded.

[/ QUOTE ]

I know. There are a lot of jaded social workers too.

I realize I'm being a huge nit here, it's just a matter of principle IMHO that if you're going to be presumptuous enough to make your living intervening in the lives of others, you should at least bother being good at it.

NT

-Skeme-
06-17-2005, 03:07 AM
Whatever you say, jailbird.

ThaSaltCracka
06-17-2005, 03:10 AM
I agree, but unfortunately, many people no longer abide by certain things as ethics and principals. Its sad really, and a lot of the blame goes more on the system that puts a ton of cases on their schedule. Plus, they get paid jack [censored].

Malachii
06-17-2005, 03:15 AM
Wonderful observation there Skeme! You have amazing insight.

bennyk
06-17-2005, 10:50 AM
[ QUOTE ]
if you're going to be presumptuous enough to make your living intervening in the lives of others, you should at least bother being good at it.

[/ QUOTE ]

this person sounds like she's excellent at her job. she explains that she does what is possible given the circumstances. being realistic about what can be accomplished for a defendent can be the difference between getting a slightly-unfavorable plea bargain and losing in trial for a stiff minimum penalty.

being a public defender is a noble and selfless thing to do. to call it "presumptuous" is ridiculous. PD's aren't presuming to intervene in someone's life, they are ASSIGNED to clients in order to give them the protection that the law provides. think about it.
bk

nothumb
06-17-2005, 01:41 PM
[ QUOTE ]
this person sounds like she's excellent at her job. she explains that she does what is possible given the circumstances. being realistic about what can be accomplished for a defendent can be the difference between getting a slightly-unfavorable plea bargain and losing in trial for a stiff minimum penalty.


[/ QUOTE ]

First, it's impossible to tell if she's a good lawyer based on her comments about court conduct, appearance, etc. The things she discusses, such as plea bargains, technicalities, etc, are very common knowledge. This is not a mark of being 'good at her job.' My comments were about her professionalism (which is also part of the job).

Are you saying that telling an innocent defendant they have no chance to beat the charges and convincing them to do a 1-3 year bid in a dangerous NY state prison is better than doing your research and helping the person get off? No. Unfavorable plea bargains are not the exception, they are the norm. Usually they involve little to no legwork for the PD.

[ QUOTE ]
being a public defender is a noble and selfless thing to do. to call it "presumptuous" is ridiculous. PD's aren't presuming to intervene in someone's life, they are ASSIGNED to clients in order to give them the protection that the law provides. think about it.
bk

[/ QUOTE ]

I was speaking in general about public service, including social work and also public defense. It is indeed presumptuous. In social work, you presume you can do good things for a person, that you can set a positive example and make a difference in their lives. You'd be surprised how many social workers and child care workers don't take this seriously. Same thing for public defense. You are the last line of defense an indigent, frightened person has. Some people seem to think they deserve a medal just for showing up to a low-paying public service job. Who knows, maybe she just isn't good enough to get into private criminal defense? With her pessimistic attitude and self-important rambling, it wouldn't be a shock.

I know all about 'noble and selfless' work. The people who take it seriously and do it well deserve every bit of credit they get and more. The people who do it poorly are part of the reason we get so little credit in the first place, and there are plenty of people who would rather bitch and moan about their hands being tied, their pay being too low and their situation being unsurmountable than buckle down and do the work. They drag the rest of us down.

What good does posting this on craigslist do? Do you really think most crack dealers and car thieves are perusing the internet looking for a yard sale? No. This is an arrogant, frustrated person drawing attention to herself and trying to be smart and funny. It won't do any good for her clients and it will only contribute to the culture of hopelessness and resignation among rank and file public servants.

NT

on_thg
06-17-2005, 02:41 PM
[ QUOTE ]
You are the last line of defense an indigent, frightened person has.

[/ QUOTE ]

If you're a defense attorney, you're far more likely to be representing one of the people listed in the initial post, someone whose only real fear is of the consequenses of his/her actions.

A client who is actually innocent (as opposed to one who claims innocence but who has [censored] things up by leaving enough physical evidence, witnesses, etc to make actual innocence unlikely) is a rare bird.

bennyk
06-17-2005, 02:46 PM
[ QUOTE ]

First, it's impossible to tell if she's a good lawyer based on her comments

[/ QUOTE ]
yeah, ok

[ QUOTE ]

Are you saying that telling an innocent defendant they have no chance to beat the charges and convincing them to do a 1-3 year bid in a dangerous NY state prison is better than doing your research and helping the person get off?

[/ QUOTE ]

not exactly. i can't speak to the details of whether plea bargains are the norm or the exception.

[ QUOTE ]
I was speaking in general about public service, including social work and also public defense. It is indeed presumptuous.

[/ QUOTE ]

i guess we're going to have to agree to disagree about this one...it's hard for me to imagine that someone could be presumptuous by trying to help others. social workers and public defenders don't go knocking on people's doors looking to get in their lives, they come in when it is determined that someone needs their help.

obviously, we could argue about the metric that determines whether one needs the help of social workers, but i'd rather not. to a point it could be argued that it is presumptuous for people to decide that others need help.

[ QUOTE ]
You'd be surprised how many social workers and child care workers don't take this seriously. Same thing for public defense.

[/ QUOTE ]

you're probably right.

[ QUOTE ]
maybe she just isn't good enough to get into private criminal defense? With her pessimistic attitude and self-important rambling, it wouldn't be a shock.

[/ QUOTE ]

yeah, could be.

ok, you have made good points.
bk