ONE CANNOT WRITE A PERFECT LAW THAT WILL APPLY TO EVERY PERSON TO WHOM IT IS INTENDED TO APPLY AND TO NO ONE THAT IT IS NOT INTENDED TO APPLY WITH THE PERFECT PUNISHMENT.
I would think that after more than 200 years this would have dawned on us as a people.
This is why laws must be written so that they can be applied flexibly.
This is why we must have Judges, defense attorneys and prosecutors.
This is why (at least some) legislators need to be lawyers.
I just needed to say that. On a much less philosophical subject-
Today when I arrived at work at 9 AM I had 9 messages from a babymomma of a client. They occurred from 5:05 PM to 8:00 AM. After listening to all of them I called my friend who covered for me at the arraignment yesterday to figure out what happened. (I had a funeral.) Before I could even get off the phone said babymomma came tearing into my office dukes up ready to fight with me. I tried to explain to said babymomma that no, I cannot get her man out of jail. Yes, I know she needs his help, and that he has to get a job before coming up on the felony charges he has pending at the County if he wants probation- but he should have thought of that before getting a DUI a mere three weeks after pleading guilty to the first. Judge has a policy- if you get picked up less than a year after DUI 1- you WILL serve your entire suspended sentence. Dude- IT IS NOT MY FAULT THAT YOU DID NOT UNDERSTAND THAT WHOLE DUI/ PROBATION THING. IT IS NOT MY FAULT YOU WERE DRIVING 75 IN A 40, DRUNK, WITHOUT A LICENSE, INSURANCE OR BABYSEAT MERE WEEKS AFTER YOUR LAST CONVICTION.
PLUS- it doesn't help his situation that the jailers had to put him in solitary and that he's been hanging out nekkid and screaming at everyone. This does not inspire confidence in the Judge that releasing you is a good idea.
Your babymomma says its her fault if it makes you feel better. Unfortunately, this is not a legal excuse. And, No, telling the Judge you have to get out of jail on this charge because you have felony charges pending that you have to take care of IS NOT GOING TO IMPRESS HIM.
Sigh. I prepared the motion for his release pending a trial. He just really thinks that if he can just talk to the Judge the Judge will see his side of things.
I will not say but will think: The Judge does not feel persuaded by your mack. The Judge does not "know what you's sayin'. " And no, it is not Double Jeopardy to violate your probation.
Oh, and as for my other former client whose letter I received from the jail today- you still owe me money and I don't think a copy of the Uniform mandatory Disposition Act is going to get you sprung from city jail where you're being held on a failure to pay warrant. How long will it take for me to explain jurisdiction and Statute applicability to him?
1 comment:
I like reading your blog... except sometimes its too much like my life.
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