One of the marks of an experienced defense attorney IMHO is knowing when their job has become damage control as opposed to fighting to win. I don't mean not putting a fair effort into a case - that is part of their job, and part of the system. And I certainly don't mean not looking for times when we as police did make errors, or when the evidence is sufficient for an arrest but not for a conviction (yes, there is a difference).
No, I mean when the case is straightforward, there is no question of the subject's guilt and the police did everything by the book. Then the job of a good attorney is to do everything they can to mitigate the punishment and put their client in the best light before the judge.
These are the cases you see after a bit where they don't call their client to testify, and they frequently don't even call on us to do so - pleading guilty or no contest, stipulating that the evidence is sufficient and hoping for as brief a summary as possible so that the judge doesn't increase the punishment due to what is often offender stupidity.
Unfortunately one of the gentlemen I had in court this week did NOT have an experienced attorney.
Again, there was no question of his guilt - I'd caught him driving drunk, the stop was perfectly legal, his tests were horrible and he made every incriminating statement he could without me even asking questions. Add to that the marijuana he had sitting in the car and told me about, and the attitude he displayed & comments he made during the arrest (and yes, all that stuff gets written down, if not recorded folks) and this was pretty much a slam dunk case. Given that this was his second DUI in a short period the knowledgeable attorney would have done everything possible to beg for mercy from the court and try to keep him from getting too much time to serve.
Instead this attorney (new to the job) tried to fight every little step of the way. They didn't even do a good job of that - no relevant case law, no attempts to try to get his statements thrown out as somehow inadmissible, none of that. Just weak attempts to twist some of my words around for what I observed, and even weaker attempts to tell the judge one thing was said when even the judge would look at her and say "No, they testified to X, not Y." Add to that she put her client on the stand, and pretty much handed him the shovel to dig the hole deeper. Testifying to things like "I really don't remember what all I said that night because I was drunk." does NOT help the situation, trust me.
All in all, it was almost painful to watch. Between what happened that night & the two of them not helping the situation in court he got pretty close to the maximum time to serve for everything, as opposed to something in the middle of the range.
Hopefully some of the other attorneys take her under their wing and teach her these lessons before too long, for the sake of her clients.
Thursday, January 29, 2009
Monday, January 26, 2009
"Things fall apart; the centre cannot hold..."
I know, I should have some great cop or dog or family stories to share but nothing new really there. Everyone is well & adjusting to the new schedule and routine, so no complaints.
I will share a bit of a thought that's been percolating lately - hope to get some comments back & maybe it will help me think it through further.
As a nation, the U.S. has become deeply divided IMHO. Label & call it what you will - Republican/Democrat, Conservative/Liberal, East/West Coast & Flyover states - the point is, there seems in my observations to have become an incredible gap in our outlook as a nation towards what is right & proper in society and in government.
No, the point of this post is not to argue any one particular side, just looking at the gulf in general.
As the past few elections have demonstrated we are split pretty much down the middle. The Reagan landslide was the last real strong electoral win, since then it has almost turned into a fight on either side of "who am I voting against?" But despite what either side professes, neither group has held a clear majority mandate in terms of public opinion and votes.
A great many people view us in the middle of a number of Constitutional and other crisis. Again, this is from both sides - whether you look at fears of the Second amendment supporters under the Obama administration, or the Patriot act and other Bush administration anti-terror initiatives. Again, both sides feel that the other does not see things logically, and there is no room for compromise.
Add to this the fact that our elected representatives seem to generally not care what their constituents are saying, and are either just voting the party line or channeling some unknown evil (look at the Congressional approval ratings, as well as the financial bailout packages being passed despite overwhelming public opinion against them to reference the above).
We have a growing number of residents of this country, legal and otherwise, who have little interest in acclimating to or blending with our culture, our language or our society. Arguably in fact you have large elements who are more interested in establishing a different nation and or religion where this one now stands.
Finally, again on both sides, you have people who are more than willing to take to the streets and use violence to push through their agenda -- more so on one than the other it seems, but that is again my opinion. Should their candidate, their legislation or their interests not advance they are ready to intimidate, shut down businesses and use any other means available to reshape things as "they" feel is right.
Now, to go along with this - there are even foreign intelligence agencies and analysts preparing for a possible collapse of the U.S. not just economically but socially. Some more serious than others but the mere fact it is being looked at at that level is an interesting change.
So... my question/thought is:
How much longer does the United States have as a viable, single entity? Have we reached our peak as a nation and are we ready to go our separate ways? And, if so, will the split be an amicable separation or an ugly, violent divorce?
I am of the opinion that the country my children see twenty years from now will not be the one I grew up in - but beyond that I am not sure yet...
I welcome your comments and thoughts for my reflection.
I will share a bit of a thought that's been percolating lately - hope to get some comments back & maybe it will help me think it through further.
As a nation, the U.S. has become deeply divided IMHO. Label & call it what you will - Republican/Democrat, Conservative/Liberal, East/West Coast & Flyover states - the point is, there seems in my observations to have become an incredible gap in our outlook as a nation towards what is right & proper in society and in government.
No, the point of this post is not to argue any one particular side, just looking at the gulf in general.
As the past few elections have demonstrated we are split pretty much down the middle. The Reagan landslide was the last real strong electoral win, since then it has almost turned into a fight on either side of "who am I voting against?" But despite what either side professes, neither group has held a clear majority mandate in terms of public opinion and votes.
A great many people view us in the middle of a number of Constitutional and other crisis. Again, this is from both sides - whether you look at fears of the Second amendment supporters under the Obama administration, or the Patriot act and other Bush administration anti-terror initiatives. Again, both sides feel that the other does not see things logically, and there is no room for compromise.
Add to this the fact that our elected representatives seem to generally not care what their constituents are saying, and are either just voting the party line or channeling some unknown evil (look at the Congressional approval ratings, as well as the financial bailout packages being passed despite overwhelming public opinion against them to reference the above).
We have a growing number of residents of this country, legal and otherwise, who have little interest in acclimating to or blending with our culture, our language or our society. Arguably in fact you have large elements who are more interested in establishing a different nation and or religion where this one now stands.
Finally, again on both sides, you have people who are more than willing to take to the streets and use violence to push through their agenda -- more so on one than the other it seems, but that is again my opinion. Should their candidate, their legislation or their interests not advance they are ready to intimidate, shut down businesses and use any other means available to reshape things as "they" feel is right.
Now, to go along with this - there are even foreign intelligence agencies and analysts preparing for a possible collapse of the U.S. not just economically but socially. Some more serious than others but the mere fact it is being looked at at that level is an interesting change.
So... my question/thought is:
How much longer does the United States have as a viable, single entity? Have we reached our peak as a nation and are we ready to go our separate ways? And, if so, will the split be an amicable separation or an ugly, violent divorce?
I am of the opinion that the country my children see twenty years from now will not be the one I grew up in - but beyond that I am not sure yet...
I welcome your comments and thoughts for my reflection.
Sunday, January 25, 2009
Who told?
Your International Spy Name is Dr. Danger |
 Your Code Name: Punchline You Reside in: Amsterdam Why You're a Good Spy: You're sneaky |
Saturday, January 24, 2009
Cynical thought
Call me cynical and jaded, or maybe just in need of the aluminum chapeau...
But I find it awfully curious that yet again we have an "assault weapon" incident right when a certain party is getting all set to start the legislative push. Seems awful convenient to me.
Like Tam always says, don't worry it's "for the children."
But I find it awfully curious that yet again we have an "assault weapon" incident right when a certain party is getting all set to start the legislative push. Seems awful convenient to me.
Like Tam always says, don't worry it's "for the children."
follow-up to the follow-up
Well, been a business week here & no word back from Comcast or their representative. Take that for what it's worth - customer service is a great idea, but it works better if you actually give the customer a response folks...
Wednesday, January 21, 2009
Moving day
Finally got cleared from light duty, meaning I can drive the work vehicles again and do all that stuff, which is nice. Saves gas & such on the personal car, and one less headache to deal with.
Which also meant that my partner could leave the work kennels & come stay at home with us starting today... So I brought him home this afternoon.
So far he is adjusting well - wants to know when we can go work again, as he is full of energy and bored after a couple of days off... That and figuring out his new digs, and deciding what he thinks.
Dakota - not so much. Less than pleased already to be sharing me with another animal when I came home smelling like a dog; actually bringing one home, into his yard was pretty much beyond the pale in his book. So he's spent his outside time trying to assert his authority through the fence separating the two (with Helix not really caring what this other dog thinks), and throwing a snit with me and pouting to let me know he's hurt.
Ah well, hopefully he will adjust soon.
The kids? Couldn't be thrilled more - what a shock!
Which also meant that my partner could leave the work kennels & come stay at home with us starting today... So I brought him home this afternoon.
So far he is adjusting well - wants to know when we can go work again, as he is full of energy and bored after a couple of days off... That and figuring out his new digs, and deciding what he thinks.
Dakota - not so much. Less than pleased already to be sharing me with another animal when I came home smelling like a dog; actually bringing one home, into his yard was pretty much beyond the pale in his book. So he's spent his outside time trying to assert his authority through the fence separating the two (with Helix not really caring what this other dog thinks), and throwing a snit with me and pouting to let me know he's hurt.
Ah well, hopefully he will adjust soon.
The kids? Couldn't be thrilled more - what a shock!
Monday, January 19, 2009
Interesting Comment
Apparently Comcast takes the time to search for blog posts related to customer service issues - interesting and somewhat amusing. A customer representative left the following comment to my last post:
I have responded to his email and will keep everyone updated on any reply or resolution. I am more than willing to give the company a fair chance to respond and address the issue - and if they make that effort I also want to make sure to publicly note it and give them credit for such; since I publicly criticized them that is only fair.
So, I'm looking forward to the response.
I apologize for the unacceptable experience.
I would really like to find out why the tech was late and why no one called you back as promised. Will you please provide the phone number associated with the account?
I will make sure your experience is shared with our local leaders so that you'll have a better experience next time.
Best Regards,
Mark Casem
Comcast Corp.
National Customer Operations
We_Can_Help@cable.comcast.com
I have responded to his email and will keep everyone updated on any reply or resolution. I am more than willing to give the company a fair chance to respond and address the issue - and if they make that effort I also want to make sure to publicly note it and give them credit for such; since I publicly criticized them that is only fair.
So, I'm looking forward to the response.
Saturday, January 17, 2009
Comcast displays the suxorz...
So yeah, the whole "internet problems" we discussed? Well, the lovely wife called up yesterday & scheduled an appointment for the technician to drop off a new cable modem to replace our old one today. We got the famous "He'll be there between 11 and 2." speech, and since she had to help with Angel Food distribution today anyway I planned on taking care of it during my morning with the children. Since we both need the internet for work purposes, as well as for my school courses, we felt the prompt replacement was kind of important after all.
First thing this morning that the kiddos give me a moment I go ahead and unplug/disconnect etc the offending electronic device, shift desks around to clear a path for new wires and all that - all in preparation for our little replacement at some point.
Of course, you all know where this is going already...
Yep - 2pm rolls around, and no technician in sight. My wife calls on the phone at about 2:30 while I'm running to feed the dogs at work & gets a "Oh, he's running late, you're the next house on the list he should be there in about 30 minutes."
So, we wait some more... About 4pm I start to bypass "frustrated" and move towards "annoyed" - so I call up again. This time it's a customer service representative promising to call the dispatcher & have them "get right back to me" with an ETA or a reschedule - which I explain politely my dislike of, given we have been without service for almost 24 hours AND have scheduled our day around this. He grovels etc. appropriately swearing my phone will be ringing any moment with news.
5pm still nothing... I'm working on dinner for everyone in the oven, and have bypassed all my levels heading straight to "pissed off" - so I call up the old Comcast demons yet again. To get stuck on hold. Each minute passing I am crafting my discussion for the supervisor on my problem with not only no service, no technician, but now not even the courtesy of a return call. And I wait. And wait. And wait.
Finally at about 545 the tech pulls up just as I'm trying to wrap up dinner. Good sense takes over, for once, and I let my wife deal with him swapping out the modems while I cook, so as not to express my displeasure prior to the service being completed. It takes him about 15 minutes to get everything done (which I could have done myself, but they get to overbill users every month for service so they can do the gorram work on a trouble call) & he wraps up as I watch him and do the router reboot he can't get straight while my family eats.
So - all said & done, yes we have internet service again, but I am still heartily displeased with Comcast today... just another in a list of too many episodes of trouble lately, so I am considering again switching to the Verizon FiOS system soon - we will see. One way or another I definitely am planning a disgruntled email to their complaint department once I have rested on it a night.
First thing this morning that the kiddos give me a moment I go ahead and unplug/disconnect etc the offending electronic device, shift desks around to clear a path for new wires and all that - all in preparation for our little replacement at some point.
Of course, you all know where this is going already...
Yep - 2pm rolls around, and no technician in sight. My wife calls on the phone at about 2:30 while I'm running to feed the dogs at work & gets a "Oh, he's running late, you're the next house on the list he should be there in about 30 minutes."
So, we wait some more... About 4pm I start to bypass "frustrated" and move towards "annoyed" - so I call up again. This time it's a customer service representative promising to call the dispatcher & have them "get right back to me" with an ETA or a reschedule - which I explain politely my dislike of, given we have been without service for almost 24 hours AND have scheduled our day around this. He grovels etc. appropriately swearing my phone will be ringing any moment with news.
5pm still nothing... I'm working on dinner for everyone in the oven, and have bypassed all my levels heading straight to "pissed off" - so I call up the old Comcast demons yet again. To get stuck on hold. Each minute passing I am crafting my discussion for the supervisor on my problem with not only no service, no technician, but now not even the courtesy of a return call. And I wait. And wait. And wait.
Finally at about 545 the tech pulls up just as I'm trying to wrap up dinner. Good sense takes over, for once, and I let my wife deal with him swapping out the modems while I cook, so as not to express my displeasure prior to the service being completed. It takes him about 15 minutes to get everything done (which I could have done myself, but they get to overbill users every month for service so they can do the gorram work on a trouble call) & he wraps up as I watch him and do the router reboot he can't get straight while my family eats.
So - all said & done, yes we have internet service again, but I am still heartily displeased with Comcast today... just another in a list of too many episodes of trouble lately, so I am considering again switching to the Verizon FiOS system soon - we will see. One way or another I definitely am planning a disgruntled email to their complaint department once I have rested on it a night.
Thursday, January 15, 2009
Frustration
Had some nice little blog post planned, and now I lost it - the internet decided to take a big dump right on the sheets & not even have the decency to hide it, and now I've lost my flow in the frustration of trying to recover schoolwork I was in the middle of & everything else. Ah well.
Cold weather coming here tomorrow - same stuff everyone else has been dealing with, so I shouldn't gripe.
Cold weather coming here tomorrow - same stuff everyone else has been dealing with, so I shouldn't gripe.
Tuesday, January 13, 2009
Day two, or just one continued
Yep, still a bit tired.
Thanks for the well-wishes folks - unfortunately, while I got them they appeared to bypass the little girl involved :( Yep - she had another rough night last night, waking up in the middle of the night screaming & then just a short nap before up again for the day. This was on the tale end of me working late yesterday so I was already running sort on rest.
My wife did take her to the pediatrician today in an attempt to get things sorted out - unfortunately, she got one of the "less than good" ones, who didn't do much more than annoy everyone involved. UGH. Fortunately with me being on dayshift now, my wife at least gets a little help on the nights from me; but we need to figure out something soon for everyone involved.
Then, to continue today... dang it was cold! Spent the majority of it outside both working with my dog and helping others get certified, and I couldn't tell you the last time I've been this cold. Cold, tired, stuck outside all day - add water and I would have thought I'd reenlisted or something. AND, the group decision was made to "work through lunch and get off early" - we all know how that usually tends to turn out... Yep, not off early, and me hypoglycemic and moody. I know, my own fault - I should have been smart enough to take along a meal bar or something, but I was thinking it would work right for once.
Rolling out from there I headed to campus to pay tuition for the semester and pick up my textbooks. Unfortunately everyone else apparently needed their books today as well; what has always been a five minute in & out for me at the campus bookstore ended up being a line 20 minutes long. With me stuck in the middle of a gaggle of sorority prosti-tots discussing their various lack-of-GPAs affecting semesters, and who was going to what party where tonight and that the parents weren't paying for more clothes yet... The only thing keeping my grumpy butt from erupting in a snark explosion was the fact that I knew I was skewing the whole demographic & harshing their mellow (a line of 100 well-dressed preppy larva, and the one old guy in 5-11's and a camo goretex jacket after a day of dog training, spot the cop in this crowd). The fun continued when I get to the front of the line... yes, one of my books doesn't exist in their system. Never mind that I just took it off of THEIR bookshelves, in the section set up for one of THEIR classes... they can't find it by barcode, stock number, title/author or anything else... apparently I sneak into random bookstores to pay for strange books I bring in from other places or something. So, that added another twenty minutes to my fun.
But wait, there's more. Stop by the grocery store to pick up stuff for Kyleigh and dinner fixings for the whole family. Attempt to make it a quick visit... head over to the nice & short "you scan, you pay and you bag it" line to handle my five items. And I end up behind the guy who #1 - scans everything & then puts it back in his cart; #2 - pays for his entire order with what appears to be quite a savings in coins over the years; and #3 - THEN takes the time to carefully bag everything when all is said and done...
So yes, I'm a bit bitchy & moody tonight. BUT - when I got home I did get some great time with both of my children, I got to start a new book with Jacob for his bedtime story, and I got to sit quietly with my wife and even have sentences where we were both conscious and not rushed. Hopefully that is just an early sign that tomorrow will be better.
Thanks for the well-wishes folks - unfortunately, while I got them they appeared to bypass the little girl involved :( Yep - she had another rough night last night, waking up in the middle of the night screaming & then just a short nap before up again for the day. This was on the tale end of me working late yesterday so I was already running sort on rest.
My wife did take her to the pediatrician today in an attempt to get things sorted out - unfortunately, she got one of the "less than good" ones, who didn't do much more than annoy everyone involved. UGH. Fortunately with me being on dayshift now, my wife at least gets a little help on the nights from me; but we need to figure out something soon for everyone involved.
Then, to continue today... dang it was cold! Spent the majority of it outside both working with my dog and helping others get certified, and I couldn't tell you the last time I've been this cold. Cold, tired, stuck outside all day - add water and I would have thought I'd reenlisted or something. AND, the group decision was made to "work through lunch and get off early" - we all know how that usually tends to turn out... Yep, not off early, and me hypoglycemic and moody. I know, my own fault - I should have been smart enough to take along a meal bar or something, but I was thinking it would work right for once.
Rolling out from there I headed to campus to pay tuition for the semester and pick up my textbooks. Unfortunately everyone else apparently needed their books today as well; what has always been a five minute in & out for me at the campus bookstore ended up being a line 20 minutes long. With me stuck in the middle of a gaggle of sorority prosti-tots discussing their various lack-of-GPAs affecting semesters, and who was going to what party where tonight and that the parents weren't paying for more clothes yet... The only thing keeping my grumpy butt from erupting in a snark explosion was the fact that I knew I was skewing the whole demographic & harshing their mellow (a line of 100 well-dressed preppy larva, and the one old guy in 5-11's and a camo goretex jacket after a day of dog training, spot the cop in this crowd). The fun continued when I get to the front of the line... yes, one of my books doesn't exist in their system. Never mind that I just took it off of THEIR bookshelves, in the section set up for one of THEIR classes... they can't find it by barcode, stock number, title/author or anything else... apparently I sneak into random bookstores to pay for strange books I bring in from other places or something. So, that added another twenty minutes to my fun.
But wait, there's more. Stop by the grocery store to pick up stuff for Kyleigh and dinner fixings for the whole family. Attempt to make it a quick visit... head over to the nice & short "you scan, you pay and you bag it" line to handle my five items. And I end up behind the guy who #1 - scans everything & then puts it back in his cart; #2 - pays for his entire order with what appears to be quite a savings in coins over the years; and #3 - THEN takes the time to carefully bag everything when all is said and done...
So yes, I'm a bit bitchy & moody tonight. BUT - when I got home I did get some great time with both of my children, I got to start a new book with Jacob for his bedtime story, and I got to sit quietly with my wife and even have sentences where we were both conscious and not rushed. Hopefully that is just an early sign that tomorrow will be better.
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