“May have been the losing side. Still not convinced it was the wrong one.”


"This report is maybe 12-years-old. Parliament buried it, and it stayed buried till River dug it up. This is what they feared she knew. And they were right to fear because there's a whole universe of folk who are gonna know it, too. They're gonna see it. Somebody has to speak for these people. You all got on this boat for different reasons, but you all come to the same place. So now I'm asking more of you than I have before. Maybe all. Sure as I know anything I know this, they will try again. Maybe on another world, maybe on this very ground swept clean. A year from now, 10, they'll swing back to the belief that they can make people . . . better. And I do not hold to that. So no more running. I aim to misbehave." ~ Captain Malcom Reynolds

Tuesday, May 17, 2011

For the win

A bit back I mentioned a DUI arrest which had been complicated (screwed-up) by me getting called out for a dog search halfway through.

Well, today was the court date for it - I had let the prosecutor know in advance that it had issues & what they were, fully expecting them to either not go forward or to let the guy get off with a reckless driving charge or something. Not what I'd prefer, but better than fighting a weak case in front of a judge. (Of note - the arrest was good, for those not familiar with such things - just some other administrative/procedural elements which the State requires weren't done thus complicating things.)

Instead, and in full credit to the prosecutor who stood her ground with the defense attorney - they plead guilty to a DUI. Completely surprising me. Even more so when the prosecutor told me it was because #1 I had very complete notes of the entire encounter and a well-written summary of all the things his client said/did throughout (the kind of stuff a defense attorney doesn't want the judge hearing), and #2 the defense attorney knows me and my reputation for thoroughness and good arrests.

So yes, I'm a bit proud of how things went - not just for myself, but as an example of what we teach from day one of the Academy and what I've always preached in terms of good notes, good testimony and a reputation for integrity and honesty going a long way in how things work.

Nice to have a win, even if the horse looked lame at the gate...

3 comments:

Suz said...

Good going! Nice to see all that discipline and work pay off!

Lawyer said...

As a defense attorney, I've always thought that a well prepared officer is the best tool the state has.

I once had a case where I really went after the officer trying to find a hole in his case. However, I was infinitely respectful of the officer, and my questions were limited to the case on hand. At the end of the case, the officer chased me down and thanked me. When I asked him why, he said it was because I was respectful to him and because by cross examining him the way I did, he knew how to better prepare for the next case. He said that he could tell I was working hard for the client, and yet doing so in a way that was professional. I shook his hand and told him, "That's the way these things are supposed to work."

Captain Tightpants said...

Lawyer - I have absolutely no problem with that approach at all - I expect an attorney to do his job for the client, and to give him a fair representation. It is what our system is based on. And, if I made a mistake or missed something then it is fair game in court - I don't hide things (unfortunately some do). A respectful attitude from both sides is part of the job. Plus, as you said, it helps me better prepare for future cases.

Thanks for representing your profession well.