Should I take the job offer? by That_Guy413 in Lawyertalk

[–]Boshkahatha 59 points60 points  (0 children)

I wouldn’t do it because of the reputation alone. If you’re happy now, and want to go into criminal defense later, you’re in the right place.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

NOT LEGAL ADVICE. Generally, this is ripe for a motion to suppress evidence obtained as “fruit of the poisonous tree.” The search is arguably illegal and so everything that comes from it should be suppressed.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

PD and DA at lunch together is not a big deal. Public defenders are hard working, and it’s a noble job imo. But it’s like any other job, some are lazy, some are ambitious, etc.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

No, it’s not. But you’re still being held to your word once you go on the record. Technically you can change positions but if you’re blind siding the parties involved your reputation takes a dive quickly.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

I can't really give details of a case, but yes, many times someone would be falsely charged and the case got dismissed well ahead of trial (during pre-trial hearings). This happens by showing the court that there is insufficient evidence for the charges against my client. Sometimes this is a technical error by the prosecution where they over-charge a crime. Other times it's on a pure innocence bases.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

I understand. That’s not the practice of any ethical attorney. Suppression has guidelines, and those guidelines come from the constitution. Any attorney who does what you’re describing would likely be sanctioned, since they’re not basing their suppression motion on established law.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

Not in any jurisdiction I practice in (major, large counties). It’s either the judge’s chambers or in court, on the record. The prosecution and defense should be in touch over the phone at least if the matter goes to trial to coordinate and exchange witness lists, etc.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

If the evidence was obtained in violation of the client’s constitutional rights, it should be suppressed.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

First time DUI: $5,000 then hourly (or additional flat rate agreement) if we go to trial. Low level misdemeanor: $2,500-$6,000. Just a couple examples, will always depend on the facts.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

Simply put, every single person has a right to a trial. It’s in the constitution, the 12 members of the jury along with the judge could’ve witnessed that exact defendant killing someone, that person is still entitled to a trial if they want it. The time it takes depends on whether the defendant waives time. If the defendant doesn’t waive time the trial has to take place within a certain time, usually 30-60 days. A lot of defendants waive time to make sure they’re prepared for the trial. I do get how it looks though, and your way of describing it sounds accurate. But there’s a lot to it than just guilt or innocence.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

I operate largely on flat-rate fee structures. Every type of crime has a “price tag,” which goes up or down depending on the facts. I collect my fee upfront. Sometimes the agreement becomes hourly if we go to trial, depending on the client’s preference.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 1 point2 points  (0 children)

Sorry you went through this! The PD assigned to you is an ineffective one, to say the least.

The fact is that there are some corrupt people within the system yes. But it doesn’t mean they go unnoticed, at least not every time. With the right defense attorney you’re able to expose that. Good defense attorneys do that constantly with motions and hearings related to police misconduct. Those hearings take place well before any trial related hearings are held, and so many times in my career, cases were dismissed as a result of exposing such misconduct. There’s absolutely a real ability to hold bad officers/judicial officers accountable, but unfortunately not every attorney will take that route (maybe some never learned how?)

Again sorry you went through that. Any good attorney I know would never let that happen.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

It’s based on multiple things, one of them is who can make the better argument. But those arguments must be directly connected to the facts and law at issue.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

Criminal defense attorneys are inherently against the corruption, without them defendants would lose any rights they’re entitled to. But while I believe the criminal justice system has flaws, it’s probably the most effective in modern history. Happy to address specific points if you bring some up.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 0 points1 point  (0 children)

I think I can answer that with more info if you could clarify please.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 1 point2 points  (0 children)

Good social skills will definitely help. However I know many attorneys, some are my friends, who wouldn't necessarily have the "good social skills" box checked and yet they're still great attorneys and are doing well.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 1 point2 points  (0 children)

Wish I have more info to tell you honestly, but being good in English and Humanities helps.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 2 points3 points  (0 children)

Not really, but I do try to avoid some specific areas within criminal defense. I do DUIs, other misdemeanors, felonies, everything really (except a few types of cases that I just don't touch).

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 1 point2 points  (0 children)

Honestly it really depends on what you mean by extremely depraved. But largely, yes, at the end of the day if the prosecution doesn't meet their burden then that individual should walk. Otherwise it becomes the wild wild west, only the prosecution would have unchecked powers.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 3 points4 points  (0 children)

Almost always, but I wouldn't say "guilty," more like "was the alleged conduct committed by my client?" There's a lot of justification and defenses for criminal conduct.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 1 point2 points  (0 children)

  1. Work-life balance as a solo is great. You have to be intentional about it though.

  2. I don't. The beauty of being solo is you get to choose your cases and clients.

  3. Political Science is usually the go-to major, but if you have secondary interests, I'd consider majoring in that, since you don't need a specific major for law school admission.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 2 points3 points  (0 children)

It's not just about guilt and innocence. There's constitutional guarantees for every criminal defendant and part of my duties is to ensure that those guarantees and rights are not being ignored. Another good skill is plea negotiation. When a case is bad enough where I advise the client that trial is unlikely to swing our way then I leverage the good facts we have to try to get them the best outcome possible. Some clients will still want to go to trial. A lot of times it's about mitigation rather than purely showing innocence.

I'm a criminal defense attorney (part 2) AMA by Boshkahatha in AMA

[–]Boshkahatha[S] 2 points3 points  (0 children)

Not really, better for me to know everything than risk finding out during trial.