Nicole Valera – Criminal Defense

Fighting the system, one case at a time…

Why Men Should Wear Man Purses


As a criminal defense attorney in Los Angeles, I spend a LOT of time in security lines.  Being an attorney, I’m usually able to skip to the front.  However, from time to time, I find myself stuck behind men who are taking FOREVER to put their belongings in that little plastic tray that goes on the conveyor belt and into the x-ray machine.

They take their wallet out, then their keys, then their cell phone.  They start to go through the metal detector.  Wooops!  It beeps.  They have to go back – what could be beeping?  Ohhhh, you have all that change in your pocket.  Yes, that’s metal.  It will make the METAL detector beep…

Meanwhile I am tapping my foot behind them, ready to place my purse with ALL my belongings, on the conveyor belt.  So easy!

Men should wear Man Purses like this one:  

 

That way they don’t have an impatient criminal defense attorney behind them…

 

 

October 28, 2010 Posted by | General Thoughts, Hmm...inneresting... | , , , , , , | Leave a comment

Sheriff Baca – Are you a lawyer?


I’m not sure if it’s just because I’m a criminal defense attorney that I find today’s article in the LA Times about LA County Sheriff Lee Baca, funny.   What I found particularly funny wasn’t his stance against the legalization of marijuana (predictable, snoooooze), but the fact that Baca predicted that Prop 19, if passed, would be superseded by federal law (true) and would be found unconstitutional (huh???).

When did Sheriff Baca become an attorney?  And why exactly does he believe that it is within his purview to enforce laws that are no longer in existence simply because he believes that they could be found unconstitutional at some later point?  That’s preposterous.   His job is to enforce the laws of the State of California – he doesn’t get to choose which laws are enforced and which are not based upon his own personal opinion of what might happen at a later date in some appellate court that he will not even be permitted to argue in front of.

October 18, 2010 Posted by | Drug Cases, General Thoughts | , , , , , , , , , , , | Leave a comment

Phaedra Parks: Real Housewife of Atlanta? Or Real Waste of an Opportunity?


I hate to admit it, but I am an avid fan of Bravo TV’s, Real Housewives of Atlanta.   The outfits, the makeup, the shopping, the bickering, the pop songs and wigs … what a great formula for irresistible trash TV! (Don’t judge me, I also read – just finished “The Corrections” by Jonathan Franzen.  It’s all about balance).  So of course I was more than excited about this upcoming season as I heard that an attorney (and a criminal defense attorney at that!) would be featured as one of the Housewives.   I was wondering what kind of casting Bravo had done – would she be a cliche?  

Episode 2 of Season 3 was entitled “Model Behavior”.  They introduced the final housewife, who is in fact, a model.  It was of course, a play on words as good behavior is always an issue with the any of the housewives.  This episode also shows Phaedra Parks in her office and that particular scene surprised me.

Living in Los Angeles, I am surprised I don’t bump into a reality TV production crew on every street corner.  When I was a public defender, I heard rumors of a reality show focusing on some of the attorneys in that office.  Another time there was an email being sent around our office about some filmmakers who wanted to do a documentary on the lives of public defenders.  My understanding was that most of these projects got shot down because of issues of confidentiality.  How would the producers of these projects be able to capture criminal defense attorneys in their natural habitat?  Getting cameras in a courtroom would be problematic, and certainly cameras wouldn’t be allowed into lockup or during client interviews…

So that was why I was so surprised with that particular scene.  I’m assuming she had him sign a waiver of confidentiality for that particular scene.  Even still…I found it disturbing.  She allowed her client to make a statement about his case ON CAMERA.

I spend most of my time telling my clients not to say anything to anybody, ESPECIALLY if they know they are being taped or recorded.  That is my gut instinct as a criminal defense attorney – the less statements from your client, the easier your job is, the better you can protect them.

Of course her clients’ statement was a denial, and was it just me, or did the whole thing seem staged?  I’m not questioning his innocence, because after all, we are ALL innocent until proven guilty, right?  And I shouldn’t be surprised that reality shows are often staged…it’s just that the whole scene just didn’t sit right for me.

I understand that these women go on these shows to promote themselves and maybe make some cash (Don’t be Tardy for the Party – Woaaaahhhh, woaaahhh), but that scene got to me.  I don’t care that she’s married to an ex-felon, and I don’t care that she used to represent Bobby Brown (and as Nene artfully pointed out – “EXCUSE ME, Bobby Brown was 10 years ago!”).  But if she wanted to expose the inequalities of the criminal justice system, she wasn’t doing that in that scene.  She was just promoting herself  – that was all about how great Phaedra was – you see her receptionist in the front of her posh office which appears to be in a highrise building.  She meets him in a tastefully appointed conference room, dressed to the nines, makeup perfect, and not a hair out of place.  She posts something on Bravo’s website “Phaedra on Felons” but the comment seems more like an after thought and an opportunity to – surprise – promote herself further and justify her upcoming nuptials to an ex-felon.

First of all – no one cares – you’re not the first attorney to marry a client or an ex-felon, and you probably won’t be the last.  Secondly – what a waste of a unique opportunity!  You’ve got a national platform to talk about the criminal justice system and instead you sandwich that between 2 paragraphs about your fiancee on Bravo’s website?!?

What a Real waste.

October 13, 2010 Posted by | General Thoughts, Hmm...inneresting... | , , , , , , , , , , , , | 3 Comments

Law & Order? I don’t think so – Prosecutorial Misconduct in California


My last post criticized the LA Times – this post is going to praise them.  An article about prosecutorial misconduct! As criminal defense trial lawyers, we know it happens – we hear about it when it happens to our friends and colleagues, and we see it for ourselves.  I have often been asked  how I can live with myself doing the job that I do –  Well this article highlights one of the most important reasons I am a criminal defense attorney:  to defend the public against people like this.  

Now don’t get me wrong – I have had the pleasure of going up against many fine and ethical prosecutors.  In my personal experience, most prosecutors have an excellent standard of ethics.  It’s the ones who you know are playing hide the ball – that are pushing you and your client towards trial with the knowledge that they can’t prove their case beyond a reasonable doubt, when really, they should either be dismissing or offering you a really REALLY good deal.  Now I know that behavior may not be defined as prosecutorial misconduct by an appellate court, but I happen to think that it’s shady.  Sometimes our opinions may differ – I may think they have a weak case, they may look at it differently – but that’s not the situation I’m talking about.  It the situations where they KNOW they haven’t been able to speak to a key witness, or where they spring a suggestive six pack color lineup on you during trial where identification is the defense (that happened to me in my first trial EVER) – those are the situations I’m talking about.

What was most disturbing to me about the article, wasn’t that it happens- but that reprimand by the State Bar is so infrequent.  6 out of the 707 cases of prosecutorial misconduct over the past 12 years have been disciplined.  Only 6.  Keep in mind that these are just the cases that are reported – if a court finds the misconduct to be harmless, they are not required to forward this finding to the State Bar.  They should be.

After reading this article, I hope the general public starts to understand how important a criminal defense attorneys job is.  I feel like I’m always whining about how under appreciated we are, but maybe there’s a good reason for it.  I had a prosecutor friend say to me the other day, “You should come over to the side of Law & Order.”  And my response was, “I already am!”

October 5, 2010 Posted by | General Thoughts, Hmm...inneresting..., The Latest | , , , , , , , , , , , , , , | Leave a comment

   

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