[QUOTE=jackelope]
I recently graduated from law school and passed the bar exam, and I’m currently a finalist for a job as a criminal defense lawyer (paid, not a public defender). You said: “I would have gotten off every crime I ever did if I had lawyers. I know it. Guilt or not.”
Could you elaborate on this? I’m certainly not arguing with you–I’m just curious. I have plenty of experience sitting in classrooms and discussing law, but no experience at all with actually being in a courtroom, making plea deals, and so on. I’d really like to hear your views on public defenders, on private (paid) lawyers, on how the justice system works from a defendant’s point of view, etc.
Thanks for starting this thread; it’s really interesting. And major congratulations on ten years sober!
[/QUOTE]
I can only speak for the courts I have been to. They are all different.
In Texas when I was going through the legal system it was insanly crowded. I am not kidding, in a cell with 16 beds there were usually 35 people in them all laying on the floors and whatever. The courts were backed up. It still may be the case I just don’t know.
I would get in trouble or locked up form some simple misdemeanor. I would have an opportunity for bail but I would not usually see the Judge on the matter or really meat with anyone at all. I would be told what my bail was. I almost never could afford it even if it was only 500.00. So I would have to sit in jail till the court date. This could be months. Often longer than the sentence would be. I think it would be fair to say by the time most simple cases go to court they will have time served. I would maybe have one or two at the most short meetings with a public defender. I could not really call them much as they had an onslaught of people in jail always bugging them and well it was just useless to call.
Here is the problem. If you make bail you are out of jail. You have time and ability to gather resources to keep yourself from going back. You can meet and discuss your case with an attorney at any time. You can gather witnesses. You get to keep your job and house and well everything. Your motivation is to stay out. So you can goto trial make appeals whatever. Time is on your side.
If you do not make bail your stuck in hellish county conditions. Your sole motivation is to get out of jail. County jails all over the country are not meant for long term housing and are usually hated by inmates. Many cant wait to get carted of to a real prison. So with an overburdened public defender not really caring about your case and bad conditions and already a month or so in jail you are bound to take whatever they offer. You are screwed. If you are innocent for a simple crime that may only give you 30 days in jail or less would you do another couple months waiting for a trial date. Or just take the plea bargain and get out that day? Texas was notorious for offering plea bargains that were not really much of deal at all. Because they know you were motivated to get out and would take anything. If you were already free and they offered some outrageous probation terms or some amount of time in jail you may choose to fight it. Goto trial.
I don’t know what you have learned in law classes but I would like for you to look at something. In the counties that are overclouded, are the plea bargains similar to places that are a bit more speedy. Are plea bargains similar to people that made bail? Who goes to trial people that made bail or people that did not. I bet you already know the answers.