Archive for May 3, 2007
The client manifesto
May 3rd
Update: Mark Bennett (whose blog is very good, btw) adds to my list with the following:
- How might this affect my driver’s license?
- If I take this offer, what will my record show?
- What are the elements of the charge against me? How is the state going to prove each element?
- What is the next thing you need me to do to help you defend me?
- Can I have that in writing?
All points that we can agree with. All defendants must be aware of the collateral consequences of their conviction (legal or otherwise) and make their decision based on that awareness. I particularly like #4. If you have any information that will help your defense, tell your attorney!
Original post: There are plenty of “Advice to clients” posts out there that tell the clients to stfu. While I mostly agree with them, here are things I think clients should know and require of their attorneys:
- Has the state made any offers to me? – You need to know what the offers are, what you will be pleading to and whether it is a good idea. Don’t let the attorney just convey the offer to you and ask you to “accept or reject”. Ask for information. Why should I take it and why should I reject it? Ask. Make an informed decision. You will regret it later.
- Will I get credit for my pre-sentence confinement? – Clients are frequently held on bonds from the time of their arraignment and don’t get out. In most states, that time should be credited to their sentence. However, each state has different rules. Ask about them. If you don’t and your lawyer doesn’t know, then you might end up losing that credit. If the lawyer doesn’t give you a clear answer, state your concern on the record to the judge. Say: “Judge, I have been held since…. Will that time be credited to my sentence? I don’t want to lose that time.”
- Discuss your testimony – The decision to testify is ultimately yours, but your lawyer has the experience with conducting examinations. Make sure you go over your testimony beforehand. Not some three minute quickie version. Make your lawyer ask you the questions he will ask you on the stand, so you can be ready.
- Will I be eligible for parole? – The most frequently asked question is: “When will I get out?” Be more specific. Ask about parole. Ask about any other pre-discharge programs. What is the availability? Am I eligible?
- Have you filed my appeal? Ethical rules require an attorney to represent the client until the appeal paperwork is filed. Don’t lose your right to appeal. Discuss clearly with the attorney whether you want to appeal (put it in writing if you can) and make sure the appeal is filed.
There’s more, but that’s all I got right now. Thoughts?
Making statutory rape laws sensible
May 3rd
Another bill I highlighted earlier was the proposal to change the age difference between teens having sex which would constitute statutory rape. Also called “Romeo and Juliet” laws (who comes up with these names?) the law in CT currently creates a presumption of rape if the “offender” is more than two years older than the “victim”. Consent is not a defense.
However, under SB 1457, the age difference would be increased to 4 years. This bill would not affect those circumstances where the “victim” is under 13 or obviously, where there is no consent.
Highlighting the need for this bill is this story from the Courant, which tells the story of an 18 year old who was convicted of having consensual sex with his 15 year old girlfriend. He now has to register has a sex offender and have his picture plastered on the web.
Sex offender laws were designed to protect people from predators – pedophiles, rapists and the like. But Davis doesn’t fall into that category. At 18, he was convicted of having sex with his 15-year-old former girlfriend, who told investigators she was a willing partner.
“We would sit out in my truck at her apartment complex and just talk. Thinking we were deeply, madly in love, we talked about getting married, buying a house,” [Davis the "offender"] said.
But when the girl started slacking off at school and mouthing off, her father blamed Davis and wanted to get rid of him, Davis said.
“As far as he was concerned, I was the root of all his problems,” Davis said.
According to court records, the girl’s mother knew her daughter was having sex with Davis, but her ex-husband only suspected it. He went to Newington police, who arrested Davis. His jail sentence was suspended, and now he is serving 10 years of probation.
That’s why these laws are stupid.
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