Nicole Valera – Criminal Defense

Fighting the system, one case at a time…

Less is More


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Sometimes being a good criminal defense lawyer means saying less is more. That’s probably the best lesson I ever learned when I first started out, and it has carried me to many victories.  I think the pressure to speak and ask questions is high, especially when 1) you don’t think your client trusts you, and/or 2) Your client is paying you a lot of money and you feel like you have to sing for your supper.

Yesterday I won a juvenile court adjudication/trial for a marijuana possession charge.  The police department had put up a fight when I requested the police report (as I documented on my private Facebook page a couple of days ago), so I just sent out a subpoena and they faxed the report over. I can honestly say I have NEVER had to subpoena an initial report.  EVER.  I guess there’s a first time for everything.

Anyway, when I got the report I was pleasantly surprised.  I don’t know if this is just the cynical criminal defense attorney in me, but maybe they didn’t want to send me the report because they realized how weak it is.  Anyway, I ended up doing the trial, even though my client was offered a diversion.  He felt very strongly about standing up for his principle and having his day in court.  I can’t agree more.  But sometimes you have to do a risk analysis, no matter how strong your principle is.  Even though I felt the case to be weak the diversion was tempting.

I have to say that the judge/referee in this case was extremely fair.  One thing you learn is how to size up your bench officer, but this is the first time I’d been in front of him and I didn’t know anyone else who had.  Even though I had a solid defense I proceeded with caution.  Although it was prudent, it wasn’t needed.  He could tell right away where the big hole was in the case, I asked 2 questions to clarify, and he dismissed it upon my 1118.1 motion.

So again, less is more.

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September 23, 2010 Posted by | Juvenile Criminal Defense, The Latest, Wins | , , , , , , , , , , , | Leave a comment

   

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