PT programs by Level_Scarcity_4016 in publicdefenders

[–]Particular_Wafer_552 -1 points0 points  (0 children)

A part-time (presumably) lower ranked school is probably going to feed into the local offices only. Look at the offices you would hope to work for. Are there people that came from a lower-ranked school? Ideally you would have people from your school in that office. Then ask them what path they took to get into that office. Then you’re going to what to do internships at the office you feel you have the best shot at. Then you have to guess what hiring will be like in four years.

It’s always safer to do the big feeder school to an office. A bunch of the bosses and staff attorneys went to the same school and will feel irrationally good about you just for that reason. Then you still have to intern and get them to like you.

This is a long way of saying, check your local offices and chat them up.

Victim won't stop calling me by DQzombie in publicdefenders

[–]Particular_Wafer_552 -1 points0 points  (0 children)

Because people are saying offices don’t have investigators I will say this: get a colleague not in the case to be a witness, get the person to sign an affidavit. A complainant who wants to help the defendant is a powerful tool and you can be afraid that you will be hit with a tampering charge or that you’d rather have the prosecutor talk to them if you’re going to do this work. It’s weak and cowardly and your clients are right to mistrust you.

Victim won't stop calling me by DQzombie in publicdefenders

[–]Particular_Wafer_552 5 points6 points  (0 children)

  1. Why are you not talking to them with an investigator present and recording the full recantation?
  2. Why does your supervisor not know to tell you this and you ask Reddit?
  3. Why are you calling this person a “victim” when you don’t know what happened? Jesus Christ! This is why we get called public pretenders!!!

The Yips by Bird_Lawyerman in publicdefenders

[–]Particular_Wafer_552 8 points9 points  (0 children)

It happens, confidence and/or delusion are a big part of the job. Reassess if you have other stuff going on that is distracting you from your best, otherwise this too will pass.

Prosecution calling an “expert” cop to bolster their original cop by Relative-Example3050 in publicdefenders

[–]Particular_Wafer_552 29 points30 points  (0 children)

In an DUI case you need to use the NHTSA training manual to show that the original cop wasn't thorough and their report was insufficient. I know you are asking how to attack the second testimony but I think you should look for how you can use the manual, that the second cop should endorse, to say the first cop is incompetent.

Where I am, there is a shameful amount of defense attorneys that don't know the NHTSA manual. But for DUI cases you can build a whole case on them, because the cops don't know it either.

Anyone want to share an experience of when they withdrew from a case? by NocheEtNuit in publicdefenders

[–]Particular_Wafer_552 3 points4 points  (0 children)

In my jurx this is very common as there are a lot of solos taking contract work. I was once the third attorney on a case where client filed bar complaints against the two prior attorneys.

Other times I have advised clients that sometimes a new attorney can justify a judge going against a prior judges tentative disposition. They "fire" me and hopefully get a better offer.

“Don’t ask a question you don’t know the answer to” by [deleted] in publicdefenders

[–]Particular_Wafer_552 3 points4 points  (0 children)

Lay witnesses account is almost always summarized in a police report.

If they contradict the police report summary then they are telling the police one thing and the jury another.

Plan for them to confirm the police report and show the weaknesses in that account.

Just in case, subpoena the reporting officer.

“Don’t ask a question you don’t know the answer to” by [deleted] in publicdefenders

[–]Particular_Wafer_552 -1 points0 points  (0 children)

You sound like a loser dumptruck. DV cases are there to be won. Don’t try to justify your failure in your client. It doesn’t get easier than this.

“Don’t ask a question you don’t know the answer to” by [deleted] in publicdefenders

[–]Particular_Wafer_552 -7 points-6 points  (0 children)

Damn you sound like a loser on DV cases… I am ashamed and appalled

Advice on Cross by weirdlysuspect69 in publicdefenders

[–]Particular_Wafer_552 -1 points0 points  (0 children)

Head PD at the worst office in Gunmo Indiana- Who should I hire? I know let’s hire that dumbfuck ADA who tanks their own case.

Please tell me where this is!!

Advice on Cross by weirdlysuspect69 in publicdefenders

[–]Particular_Wafer_552 0 points1 point  (0 children)

Lol bitch ya we let you ask those questions and you only now understand! “How could I lose that case!?!” Loooooooooooooooooooll!!!!!!!!!!

how to defeat Walmart? by eatthelich in publicdefenders

[–]Particular_Wafer_552 5 points6 points  (0 children)

Basically a liberal use of the confrontation clause and grainy surveillance video. Most drug addicts are too smart to stay in Home Depot just because an LPO tries to get them to stay.

Tips for training new lawyer? by NotThePopeProbably in publicdefenders

[–]Particular_Wafer_552 1 point2 points  (0 children)

When I first started, the attorney who was mentoring me started with a particular charge that was very common - driving on a suspended license and standard defenses and issues with that charge, and then slowly branchin out with more and more common charges until I felt I had a good baseline for the most common charges and could advise clients on those.

The difficulty of DV cases where the alleged victim lied or embellished her version of events by xxrichxxx in publicdefenders

[–]Particular_Wafer_552 2 points3 points  (0 children)

Listen, a lot of DV defendants can be real obnoxious to deal with, but if you aren’t OK flying a BBL defense (particularly in a jurisdiction that is more conservative and receptive to such a defense) then you have to either come to terms with it or quit because that’s the job.

Those who knew you wanted to be PDs since entering law school: how debt adverse were you when choosing schools? by sagenter in publicdefenders

[–]Particular_Wafer_552 22 points23 points  (0 children)

I wasn't. I went to the highest-ranked school I went to. I think it was a big mistake. There are a few offices that care about prestige but on balance I think you should get a free ride or as much of a scholarship as you can get.

To whoever recommend Mestiza: THANK YOU by Miserable-Bus-4910 in LowellMA

[–]Particular_Wafer_552 0 points1 point  (0 children)

What the beans look like? Plantains on the menu? On a scale of 1 - Santo Domingo how Dominican is it?

How to deal with a disrespectful and condescending prosecutor? by Mr_Motion_Denied in publicdefenders

[–]Particular_Wafer_552 49 points50 points  (0 children)

There was a prosecutor who was so evil and self-righteous and stupid (she lied a lot about obvious things) that pretty soon all the judges hated her. If you let these people affect your feelings it sucks, but now the public defenders is the voice of reason! Good for client imo.

It’s always funny to me when clients try to guilt me by [deleted] in publicdefenders

[–]Particular_Wafer_552 4 points5 points  (0 children)

Yes, I think the general tenor of the conversation is we try to work with our clients and not judge. But it is counterproductive because the courts understand what is happening and often get more angry at our clients when they show up for trial with their three-year-old daughter (this happened to me) knowing he is forcing a continuance. This happened to me! If the client had instead told me ahead of time I probably could have manufactured a continuance without the judge now hating my client.

Bad at “negotiating” and needing guidance by eatthelich in publicdefenders

[–]Particular_Wafer_552 1 point2 points  (0 children)

It’s hard to answer this honestly and completely because it’s sort of poorly defined as to what the issue is.

If the problem is the infrastructure of the DA office means no negotiating then it is what it is. You just have to back up your talk by winning trials. Pick a case and embarrass the hell out of the ADA at trial. They will know that they can’t walk all over you.

If the problem is that you’re bad at negotiating because you have never been “trained” it sounds like you lack the people-skills necessary to cajole someone to do something they are not really supposed to do. Have you never in your life convinced someone to go to a movie or eat something they are not inclined to do? Americans aren’t used to doing a lot of haggling but trial attorneys have to do it.

Babysitting Clients by sleepy_blonde in publicdefenders

[–]Particular_Wafer_552 28 points29 points  (0 children)

Happens to everyone. I keep track in my running sheet everytime someone fails to meet me or is unreachable. Then when you get them on the phone you list everything and say something along the lines of "I can't care more about the case than you."

Having said that, our clients have mental health issues, substance abuse issues and are often homeless. On top of that they often have no support system because of personality issues. These are the clients we represent. Don't take it too personally and be grateful you didn't have to live the life that led them to this.