Saturday, October 21, 2006

A New Phase

So, the prosecutor that I like so much has left. She took a job with the State's Attorney General. That's good for her, obviously, but I don't like it much.

They haven't assigned a second prosecutor to my courtroom yet, so I've been working almost entirely with the junior prosecutor for the past two weeks or so. He's a good guy, but he is straight out of law school and I don't think he has tried a case here yet. He apparently did try quite a few cases in law school, which is good. (I do pay real estate taxes in this county, after all.)

I have heard him say on a couple of occasions, "this one is pretty bad." Perhap I'm jaded, but unless it's a domestic violence case or a DUI, I don't consider a misdemeanor "bad." And he wasn't talking about those. (He actually said that in the context of a criminal trespass -- my client was going to an apartment complex when she shouldn't have been. How can that possiblybe "bad"? I mean, my god, our office just tried a case where the client shot up his own mother's house. Relatively speaking, a trespass at an apartment complex ain't bad.)

In addition, I'm afraid that he is a little inflexible. I've got a domestic violence case where my guy is willing to plead to a simple battery, but doesn't want to plead to a family violence battery because he will lose his right to carry. (He is in a rap group and, unfortunately, all of his compatriots are felons. They go to places where they feel the need to carry to protect themselves.) But, because there is a history between my client and the complaining witness, he isn't willing to bend that far. He ended the conversation with, "you and I haven't tried one yet, anyway." I am so over trying misdemeanors.

This prosecutor is a good guy, but it's going to take awhile before he finds himself, prosecutorally. That's what I am inpatient about.

1 Comments:

Blogger Ruth said...

I've noticed the newbie prosecutors around here either loosen up or leave in fairly short order. This happens usually when they discover how unpleasant it is to lose a trial or to try 6 cases in 5 days.

3:08 PM  

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