Today I had a client…
car accident - COVID edition
Let’s set the scene: client was injured in a car accident. She received treatment and is mostly back to normal.
At the outset, this may seem relatively simple and straightforward. I must talk with the insurance company, have them compensate my client for her medical bills, lost wages, and any other expenses she may have incurred.
The difference – I have been trained by our nation’s best trial attorney family: Nick and Courtney Rowley. A quick Google search will yield results of their multi-million and even billion-dollar verdicts. The justice they have accomplished for their clients and the future harm they have prevented centers on the HUMAN STORY. The injured human, my client.
My client is not simply an injured accident victim – she is someone I have come to truly care for and love. I did what I was trained to do. I learned about my client. I learned that she is a mother, wife, and a daughter. On the day of the accident she was in her mother role. Her son was a victim of a criminal attack and he had to testify against the criminal defendant. My client endured a defense attorney and their examination of her son all day.
The beating didn’t stop there. As my client left the courthouse in her bright orange Subaru she was smashed from behind. Immediate pain and fear.
Lo and behold the first person who contacted her from this accident; insurance! The insurance company is in the business of risk-management. Did that person care about her? Did that person love her? The person know what she did earlier that day? Does that person know the pain she still feels months later? Does that person even care?
The answer to all of those questions is no.
The answer to all of those questions became a yes when she called me. It is her HUMAN STORY that drove me to fight and claw; to muddy my face with sweat and dirt as I fought in the arena for her.
Due to COVID, my client will patiently wait for her day in court. We will have the opportunity to speak with members of our community about what happened to her, and what the insured and then insurance company failed to do.
didn’t talk, called the Hawk
I represented a client charged with drug sales as he rode passenger in a car. My client’s son was also in the car, safely in his carseat in the rear passenger. This prompted the involvement by CPS. In the court one their investigation, CPS attempted to speak with my client about his pending criminal case.
What did he do? He didn’t talk, he called The Hawk. As a result, CPS no longer contacted him and was informed to speak with me, his lawyer. Had my client spoken with CPS there would have be negative action taken against him, his son, and his pending criminal case.
domestic violence arrest
Today I had a client and she was arrested for domestic violence. She was referred to me by a colleague of mine and I knew I needed to step in as quickly as possible to help her.
My client and I met Friday evening to review what has happened, what will happen, and what can happen. Being arrested and charged with a crime is a terrifying experience, especially when it is all happening for the first time. Luckily, domestic violence cases are nothing new for me.
Procedurally speaking, cases start with an arrest (or arrest warrant, or notify letter). The important point to remember here is the burden of proof for an arrest is “probable cause.” The legal requirement to make a lawful arrest is NOT the same legal requirement required to (1) file charges, and (2) be convicted.
The next step in the process is the arraignment. In this case, my client was able to avoid this part of the process after speaking with me. The arraignment is the first court date and most cases begin with a plea of NOT GUILTY. From there, all persons charged with a crime are afforded due process rights. For example, a preliminary hearing in felony cases: the person charged has a right to an initial review of the facts, by a judge, to determine if there is, again, probable cause.
drug sales - good advice
Today I had a client and he was charged with possession of drug for sales. Traditionally speaking, drug sales cases are difficult because the person charged is usually combating a drug addiction. The sale of the drugs is only a means to the end, more drugs to feed the addiction.
The “War on Drugs,” is antiquated and gradually obsolete; however, the ripple effect continues. The gradual change has been in re-sentencing of drug cases, reclassification of specific drug cases, and greater discretion to the Judge for sentencing (among other amendments). For example, a client who is combatting a drug addiction should be afforded an opportunity to seek treatment.
In this case, my client was afforded an opportunity to seek treatment, in lieu of going to jail. However, when I met with him, I learned he had spoken with another attorney and received advice that he should file a motion contesting the stop and search.
I explained to my client the 4th Amendment, PC 1538.5, and the related caselaw. I advised my client that if we were to file the motion, we would not be successful, and we would lose the opportunity today to receive treatment (as a plea bargain and indicated by the court). In the last 7 years of my practice I have filed many, many motions challenging the validity of the stop, lawfulness of the search, and other 4th amendment related legal issues. The best advice comes from a source with experience and background in doing “the thing.” Here, “the thing,” was the motion.
I advised my client to ignore the bad advice from other counsel, receive my advice today, and resolve the case in favor of treatment. He listened to my advice and was in treatment the following week.
the humanizing effect
Today I had a client and he was before the court for sentencing. Despite being charged with a crime, despite pleading guilty to a crime, and despite being sentenced to State prison, all people charged with crimes are still humans.
My client’s wife was present in the courtroom with their six-month old baby. My client, decorated with tattoos, immediately broke down in tears as he saw his infant daughter for the first time. Rules of court disallow infants, however after I spoke with court staff and the deputy we were able to make a one-time exception.
The baby was brought into the courtroom, and my client saw his infant baby girl through the separating glass. His wife held their baby; Mom crying, Dad crying, and baby blissfully unaware. The Dad’s attorney, he, too, was choked up.
To me this was a great example of the human side of my clients, but also the enormous power that a child brings. No greater motivation to ensure he never returns to the justice system. In the face of a “short” prison sentence, I have faith that my client will work through his sentence, return to his family, and be the husband and father he was meant to be.