Raising the Bar Episode 4 liveblog
Sorry for the delay folks, was catching up on earlier shows. Using the power of DVR, I’ll catch up by mid-show.
| Print article | This entry was posted by Gideon on September 22, 2008 at 10:11 pm, and is filed under ct legal news. Follow any responses to this post through RSS 2.0. You can leave a response or trackback from your own site. |
about 3 years ago
Hi,
Fun to read the live blogging.
Finally figured out a way to respond.
Sorry for the technical ignorance.
Seems like there are lots of procedural questions which I’m happy to try to answer…
What do you mean pre-trials? Not sure we have them (certainly nothing we refer to that way), and as for the office taking donations–in NY, the “public defenders” work for 501(c)(3)’s which are free to (and generally do) raise money for ancillary services though donations and fundraisers.
In fact, the big annual Bronx Defender Fundraiser is on October 15th, and all who might like to buy a ticket are more than welcome–just shoot me an e-mail…
about 3 years ago
David, thanks for coming back!
I typed a really long response to you, but it got eaten up. So here’s the gist of it:
What I mean by pre-trials are negotiations between the lawyers that occur in some sort of structured setting (i.e. not in the hallway). Here in CT, there are two types of pre-trials. One where you meet with the prosecutor either in a room off to the side of the court or in court prior to session. The prosecutor sits at a table with his/her files and the lawyers take turns talking about their cases (individually). Numbers are hashed out, continuances sought, etc.
The other is the judicial pre-trial which may be de rigeur in some courts and a last resort in others. This is where the judge sits in on the negotiations and tries to guide the parties to a mutually acceptable number (we saw a bit of it in last night’s episode with the doorman’s case). This may happen en masse or individually.
I know you can’t put everything in, but it would be nice to see a touch of realism like that: a bunch of lawyers talking to different prosecutors about their cases in the background or one of the pd’s waiting in line to talk to the prosecutor. I guess anything other than all deals happening in the hallway or the local bar.
about 3 years ago
Hey David, so when you giving up your model for the judge. You can email me if you prefer.
Gid, the practice varies from court to court, but neither NY nor Bronx have any formalized plea negotiations. Some judges get involved, others won’t touch it at all. Sometimes it’s done in court, sometimes in the hallway. Sometimes the offer is on the record, sometimes at the bench.
In Queens, on the other hand, the judges demand that you “conference” a case, whether you want to or not. I believe Brooklyn doesn’t, but it’s been some years since I’ve been in Brooklyn because I don’t speak the language.
And if you want to make some money for Bronx Defenders, David, then tell them that Robin is running the kissing booth and Danny will be the target for the pie throwing contest. That will bring in the bucks.
about 3 years ago
I didn’t mean to make it sound like there was a “formal” process, but every case gets negotiated. I just meant more structured than the haphazard off-chance run-in in a hallway. In some courts here, you have to stand in a hallway to talk to the prosecutor, so it’s not the hallway per se, but rather the chaotic and unprepared image that it portrays.
Let me ask you this: you get a new case, you go to court and then…do you talk to the prosecutor about a plea? Where do you do that? Is it a given that the first few times you’ll talk to the prosecutor about resolving it? Do you just go and hang out and hope to catch the prosecutor in between cases? Is there a scheduled time, like prior to 10am?
about 3 years ago
I never ask for a plea. If a pros wants to make an offer, he can tell me anytime he wants, in person, by phone, early morning, late evening. But makes no difference to me, since all my clients are not guilty.
Seriously, there is no structured handling of pleas. It happens whenever it happens.
about 3 years ago
Same where I’m at….there isn’t any scheduled time or place to discuss cases/pleas with the prosecutor. The rediculously high volume wouldn’t allow for that type of formality anyway.
I do have PD friends in other places that do have pre-trial conferences on every case and I’ve sat in on a few whilst visiting them, but it’s something that just wouldn’t work where I am.