Bad result
I tried a domestic violence case today. I was pretty sure that it would be a long, uphill battle. My guy was accused of fighting his dad. We had some things going for us, though, and it was a triable case.
As I feared, my guy was convicted on both counts. Because he had numerous arrests, the State was asking for a 180 days in jail. I was on my way, I think, into talking the Judge into the pre-trial recommendation, which would have been 90 days with probation and certain conditions.
However, my guy started talking. The Judge was thinking that the client had a drinking problem, based on some stuff that came out. But my guy denied it, and started giving the Judge responses that the guy didn't like his responses. So, my guy ended up talking himself into 12 months in jail.
The thing is, I told the prosecutor, prior to trial, that if my client got convicted, he'd end up doing a year. Go figure.
As I feared, my guy was convicted on both counts. Because he had numerous arrests, the State was asking for a 180 days in jail. I was on my way, I think, into talking the Judge into the pre-trial recommendation, which would have been 90 days with probation and certain conditions.
However, my guy started talking. The Judge was thinking that the client had a drinking problem, based on some stuff that came out. But my guy denied it, and started giving the Judge responses that the guy didn't like his responses. So, my guy ended up talking himself into 12 months in jail.
The thing is, I told the prosecutor, prior to trial, that if my client got convicted, he'd end up doing a year. Go figure.
posted by swd at 10:14 PM
3 Comments:
As it turned out, the guy came back today and agreed to get into an alcohol abuse program in the jail. When he finishes the program, the Judge will cut him loose.
My Judge is basically a fair guy. I think he wanted to get the client's attention and for that reason initially imposed the year.
I don't mind DV, really. I'd try a DV any day. I think maybe I'm drawn to the drama...
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