April 6, 2009 by barb.

Here is the choice of a defendant in Pima County, Arizona.  Have your attorney take the 1st plea offered, without an opportunity to interview integral police witnesses or co-defendant turned witnesses (snitches) OR lose the plea.  In effect, the policy of the Pima County Attorney’s Office is to deny Clients their 6th Amendment right to competent counsel.  How in the world can an attorney do this without full disclosure and investigation.  Why, should a client with a viable (not frivolous) motion be punished for filing it by that office removing the poor client’s plea.  It is NOT THE FUNCTION of the Prosecutor to be adversarial.  The function of that prosecuting attorney is to do Justice.  Why is that Office so SCARED of attorneys investigating the “investigation” that led to the client’s arrest?

So often, although the client had to be brave, that investigation has led to dismissal OR a MUCH better plea offer.

Posted in General, Practice | Print | No Comments »

October 21, 2007 by admin.

I probably would be better off just slugging it out with myself in my office than “tilting at windmills.” Still, I am not going to play the game the way someone told the Tucson Police Department (TPD) is suppossed to be done. Since when is showing up at a client’s residence and asking police to leave if they don’t have a warrant or even know a last name “obstructing justice?”

It’s upholding the Constitution. I even offered to get you a number for an on call judge for a search warrant. Just because you (TPD Team 3) have no probable cause-stop crying like little bitches. Do your job - go detect. And to the “Methkateers” - stop with the creative writing - is it worth your pensions and your dreams of owning bars in the Islands. (Might want to shut up when the knock and talk tape is running. And why do your resent Thiebalt so much….Fenoglio?)

Posted in General, Practice | Print | 1 Comment »

October 21, 2007 by admin.

Come to find out after returning to private practice after a 9 year hiatus working in the belly of the beast, (Pima County Attorney’s Office) that the private practice of criminal law in Pima County, AZ shares little or nothing with the private practice of criminal law as I practiced it in New Jersey and New York.

Maybe that’s unfair. Maybe $$$ is the God in the practice out there NOW, as it seems to be with many here. I just don’t remember anyone getting into anyone else’s business about it. I recently had another member of the Tucson criminal bar question our reasonable fees stating, “What the hell are you people doing over there..and stop it.!” I remember attorneys respecting other attorneys for their brilliance, talent, courtroom antic’s (shout out to Dennis MacAlavey, Sammy DeLuca, Art Abrams and Marshall Wofsy) and knowledge of the law. I remember judges having read legal memoranda and briefs prior to taking the bench. (Shout out to Judges Tarlton, Humphries, Barry-Trump, and the Oliveries’ (Tom and Patty C) on oral argument day and not only ruling that day, but engaging in legal discussion or argument concerning cited cases. Those guys worked their butts off.

No- I wasn’t always delighted with the ruling, but I knew their reason for it. I could tell whether it was on the facts or law. In Jersey and NY, I could fairly advise a client regarding a case’s potential outcome based on the state of the law, not from a jerk of the knee or whether I turned down a date with someone in the past.

I do not remember a SINGLE (WELL, MAYBE ONE) deer in the headlight stare from the bench, indicating that “Oh no - they haven’t read a word…) and the inevitable, “I’ll reserve on this.”. To heck with that. 1-8 weeks of writing and no decision until they’ve forgotten the issue. Well, I’m used to it now but it took a few years to realize that it does not seem to be real important to many judges what the law is or that a person’s liberty is being stolen.

We’ve been told by other lawyers to “knock it off”, with the fee’s under $2,500 for a misdemeanor. We’ve, or specifically I have been told that $500-$1,000 fee for a misdemeanor is “demeaning” myself, (and maybe making others feel like rip off artists….?)

Hey- I’m no stranger to demeaning, but how is a fair fee, based on an expected hourly rate demeaning to me or to the trade? It’s comments from other members of the bar, like that, that make me identify myself to many, not as a lawyer, but as a member of the equine industry. (I’m not calling the members of the AZ State Bar a bunch of asses - I really do run a horse sales and training business - CV Performance Horses with my daughter, China.) I prefer to distance myself from some (a lot) of the law offices and their business practices that I see out there.

Yeah- to those of you who want to know what it is we think we’re doing - it’s called motion practice and reading the files. Doing the job. Putting in the effort. Caring about the client. Understanding that a conviction for anything can destroy a life. To hell with probation - it’s not a gift, it’s a conviction! To hell with drug court when the cops lied and you can win the case. I’m not a therapist. The client comes to me for l-e-g-a-l advice - not drug therapy. They know where to get that when they want it. 95% of my clients are honest and know that they will not successfully complete probation, drug court or anything until they decide they are “done”. Probation and prison are not going to change that. These folk have a disease that our country is supposedly at “WAR” against. Why aren’t they being treated as political prisoners or POW’s then?

WHY ISN’T THE U.S. ‘JUST SAYING “NO” TO THE GOVERNMENTS OF OTHER COUNTRIES, AND SPENDING MONEY ON BOOKS FOR OUR KIDS, MORE MONEY TO ATTRACT EDUCATORS AND MORE SCHOLARSHIPS FOR HIGHER EDUCATION?

Could it be that having an educated population might not be in the interests of our fearless government leaders and those that run the JUST-US (or more precisely, - just them) Departments. I prefer not to assist in the rearranging of the deck chairs on the U.S.S. Titanic .

I - do what I want. And this firm and I are going to continue doing business our way. One motion at a time.

Posted in General, Practice | Print | 1 Comment »