Recently, I filed a Habeas Corpus to have one of my client's drug conviction vacated. It was one of those rare moments when justice came a bit later than expected.
Last September, my client pled guilty to felony drug possession. At the time, he was on a dual probation for possession and a stolen vehicle. The odds were that he was going to be revoked on his probation because of the new pending charge. Thanks to support from fellow veterans and some leg work to arrange for drug treatment, the Court agreed to probation on the new case to go along with his current probation. At the time, my client neglected to tell me some key points about his arrest, opting to accept any plea to remain on probation.
About two months later, I was contacted by the District Attorney's office about my client. Apparently, he had been writing letters to Internal Affairs of the police department and was raising some issues on the police stop and detention prior to his plea. The officer allegedly lied and confiscated some evidence. When an investigation was referred to the District Attorney as credible, I was contacted and then filed the Habeas.
Why my client didn't raise these questions with me prior to his plea other than to avoid jeapardizing probation, I'll never know. But, I do give the District Attorney much credit for wanting to right a wrong. The troubling question is: How many more wrongful convictions are there out there and will bad cops ever be purged from the ranks of the respected?
http://www.kxan.com/Global/story.asp?S=5789939&nav=menu73_1
THE LAW OFFICES OF KEITH T. LAUERMAN: BOARD CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATION-Representing those accused of Murder, Manslaughter, Aggravated Assault, Robbery, Sex Crimes, Driving While Intoxicated, Theft, Drugs, Computer Crimes, and Environmental Defense.
Showing posts with label plea bargain. Show all posts
Showing posts with label plea bargain. Show all posts
Saturday, February 17, 2007
Friday, February 2, 2007
PLEADING GUILTY: Sometimes it pays to balk
Some lawyers say that the best results are often in the deals we cut, not the trial results. But what about the plea bargain our clients agree to, but back out on at the last moment? Two experiences of mine illustrate that some clients can really get lucky.
One client of mine a couple of years ago was on trial for Burglary. He was enhanced from a prior conviction and he was facing substantial prison time if convicted. At trial, the prosecution had a difficult time matching his driver's license signature with the pawn slip signature on the stolen goods that were pawned 30 minutes after the burglary. After 5 hours of jury deliberation, the prosecution offered a misdemeanor sentence which would have meant 2 more months in the county jail. The client hesitantly accepted, and I completed the paperwork.
Upon appearing in front of the judge, he couldn't bring himself to speak the word guilty. The judge voided the deal and sent the inmate back to the holding cell. After a discussion with my client on the merits of completing his agreement, he was allowed to re-emerge and began the process again. However, the alleged victim, wanting to be present, was off having a cigarette. We waited 20 minutes. When the victim arrived, the plea began.
After the admonishments and his plea of guilty, the judge began the sentencing. At that moment, the bailiff informed the judge the jury had reached a verdict. The prosecution requested the plea cease and the verdict be read. At that moment, I thought my client had wasted an opportunity to resolve his case and was facing anywhere from 5-20 years in prison. The jury came back Not Guilty.
About the same time, I had represented a man accused with his 3rd DWI along with enhancements making him habitual offender with a punishment range of 25-life. After doing the discovery, including video tapes, I negotiated an 8 year TDC sentence with his permission. He accepted and I completed the paperwork.
Upon appearing in front of the Judge, he then renounced the agreement and requested a jury trial. He was then placed on the jury docket. Meanwhile, the Court of Criminal Appeals interpreted the 10-year rule (abolished since) to mean that each DWI conviction had to fall within 10 years of each other used for enhancement. Because my client's first DWI was 17 years before the second, the DWI charged was effectively a Class A Misdemeanor. He appeared for trial and he plead to the Misdemeanor and went home. Had he not hesitated to agree to the deal, he may still in prison.
Lucky? Perhaps. But it just shows you, justice comes in various forms.
One client of mine a couple of years ago was on trial for Burglary. He was enhanced from a prior conviction and he was facing substantial prison time if convicted. At trial, the prosecution had a difficult time matching his driver's license signature with the pawn slip signature on the stolen goods that were pawned 30 minutes after the burglary. After 5 hours of jury deliberation, the prosecution offered a misdemeanor sentence which would have meant 2 more months in the county jail. The client hesitantly accepted, and I completed the paperwork.
Upon appearing in front of the judge, he couldn't bring himself to speak the word guilty. The judge voided the deal and sent the inmate back to the holding cell. After a discussion with my client on the merits of completing his agreement, he was allowed to re-emerge and began the process again. However, the alleged victim, wanting to be present, was off having a cigarette. We waited 20 minutes. When the victim arrived, the plea began.
After the admonishments and his plea of guilty, the judge began the sentencing. At that moment, the bailiff informed the judge the jury had reached a verdict. The prosecution requested the plea cease and the verdict be read. At that moment, I thought my client had wasted an opportunity to resolve his case and was facing anywhere from 5-20 years in prison. The jury came back Not Guilty.
About the same time, I had represented a man accused with his 3rd DWI along with enhancements making him habitual offender with a punishment range of 25-life. After doing the discovery, including video tapes, I negotiated an 8 year TDC sentence with his permission. He accepted and I completed the paperwork.
Upon appearing in front of the Judge, he then renounced the agreement and requested a jury trial. He was then placed on the jury docket. Meanwhile, the Court of Criminal Appeals interpreted the 10-year rule (abolished since) to mean that each DWI conviction had to fall within 10 years of each other used for enhancement. Because my client's first DWI was 17 years before the second, the DWI charged was effectively a Class A Misdemeanor. He appeared for trial and he plead to the Misdemeanor and went home. Had he not hesitated to agree to the deal, he may still in prison.
Lucky? Perhaps. But it just shows you, justice comes in various forms.
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