The Danger of Paying Too Little and Other Observations
There was a case in which defendants were offered a reasonable deal. One lawyer in particular was advocating the plea, almost insisting on it, threatening to withdraw if the client did not take it. On the one hand, there was good reason to take the plea offer. It was a generous offer. But there was another reason. The lawyer was not paid enough to go to trial. That is the danger of paying a lawyer too little. You think you are getting a bargain, when in fact you are getting a limited defense. A lawyer who has been paid enough to go to trial is in it for the long haul. He is prepared to go to war, not just to fight one battle.
Credibility
of a Witness
A case recently came down from the court of appeals for the
second circuit reiterating the long established rule that
credibility of witnesses is left to the jury. The court cannot
judge credibility and defendants cannot appeal their conviction
on the basis that an informant may be lying or exaggerating.
A defendant does not get two bites of the credibility apple.
If a jury believes an informant who may be lying about the
circumstances of the crime, that is the end of the matter.
But jurors are not easily fooled.
The Next Best Thing
A woman living in a small town in Colombia has an aunt with a narcotics case in New York. Her aunt is going to be extradited. What does she need? A lawyer. But what qualifications should she look for in a lawyer before hiring one? Experience in drug cases and experience practicing in the court where the case is located. Sounds simple, but rarely does it work that way. |