Nicole Valera – Criminal Defense

Fighting the system, one case at a time…

Juvenile Criminal Defense – 2 very different stories


I had a juvenile criminal case today which I was able to settle favorably.  The minor was a very nice kid, 14 years old, who came from a stable 2 parent, middle class household.   He made a silly mistake and his parents stepped in right away to correct the behavior.  The criminal courts stepped in as well, which cued my entry into the whole thing.  I have hopes that I was able to settle the case in a way that would allow my client to lead a happy and productive life, but also learn from his experience and not repeat the behavior.

Today I spoke with a fellow criminal defense attorney friend of mine who had a 14 year old client – only he was not a juvenile court client, his case was being adjudicated in adult court.  Even though he was not an adult, he was being treated as one. I didn’t get a chance to ask my friend what he was charged with, but for a 14 year old to be in adult court, it was probably a very serious crime, perhaps murder, attempted murder, or something of the sort.

I started to wonder if there were any similarities between her client and mine.  Was it possible that her client came from a middle class background?  From a stable 2 parent household?  Did he go to school?  Did his parents step in with a firm hand the first time he had a brush with the law?

I don’t know, but I am guessing that my client and hers came from very different backgrounds.  That while the above questions could possibly be answered in the affirmative, it was likely that they would not be.  Representing juvenile clients has been some of my most rewarding work as a criminal defense attorney, but it is not without its moments of unbelievable sadness.  It’s sometimes difficult to get out of bed in the morning and make your way to the office or to court.

The best you can do is remember who you are fighting for – the underdog, the under represented, the often misunderstood, and sometimes, the under cared for.   Remembering that makes it easier to keep fighting.

Advertisements

September 28, 2010 Posted by | General Thoughts, Juvenile Criminal Defense | , , , , , , , , , , , , , , , , , | 2 Comments

Less is More


Blue ribbon

Image via Wikipedia

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.

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

Saved by the Bell


I was having a really rough week.  As a criminal defense attorney, you deal with all sorts of cases:  sex crimes, juvenile cases, DUI, domestic violence, drug possession, etc, etc.   And on top of that you often have to be in 2 places at the same time (if you’re lucky enough to be that busy, which thankfully, I am).  Because of the hurdles and hoops I must sometimes jump through, along with the constant demand for my time and attention, it can be easy to lose sight of why I am a criminal defense lawyer.  And today on the way back from criminal court, I was starting to feel that way – distracted with daily procedure and protocol.  Frustrated and stressed out.

Then the phone rang, but I was unable to pick it up in time.  They left a voicemail.   It was the mother of a juvenile client I had represented in a potentially life changing case. She was calling to thank me and left a heart felt message that almost brought tears to my eyes.  Cheesy I know.  But it snapped me right back onto the right path and reminded me of why I love being a criminal defense attorney – even through all the procedure, the stress, the frustration, the anxiety – I am able to make a difference, and that feels good.

March 19, 2010 Posted by | General Thoughts, Juvenile Criminal Defense, THIS is why it's worth it | , , , , , , , , , | Leave a comment

   

%d bloggers like this: