By: stunned

stunned — Sat, 26 Apr 2008 00:12:07 +0000

My boyfriend was defended by a PD and was successful in getting a hit & run (property damage only) & reckless driving dismissed. The story is a little twisted, though……it was actually his PD’s shortcomings, plus the defendant’s own tenacity, that got him off the hook.
The defendant knew a hearing was approaching (probably, arraignment?? I’m not sure) and made efforts to speak to the PD assigned for him. They played one or two rounds of phone tag and then there was no further contact, until 2 days before the hearing. The PD then emailed him saying that he needed to give her at least two weeks’ notice if he wanted to speak with her. A Catch-22 that left him apparently without any way to prepare a defense.
I assisted him in writing a short paragraph to the judge, explaining how the PD had made herself unavailable. The defendant spent all day in court, watching everyone else go ahead of him, most pleading guilty. Somehow his case kept getting pushed behind. At last, there was no one left but the judge, prosecutor, PD and 1 last defendant – my boyfriend. It was the end of a long day for everyone and the prosecutor was visibly drooping over her table. The defendant got a chance to explain to the judge how he had had no chance to prepare a defense and had had no assistance of counsel. The judge seemed sympathetic and questioned the PD, who truthfully affirmed her own failure to communicate.
The defendant demanded a jury trial. A bit of back and forth, the prosecutor offered a lesser charge and – I’m not quite sure how – the PD spoke up strongly, and all charges were dropped just do everyone could get out of there.

Comments on: Some things just don’t change

By: stunned