Tough Times Call For Tough Representation

Photo of Gary S. Bernstein

Read the statute!  It just might not apply to the client’s illegal conduct.  I was hired after the client discharged the Public Defender.  The prosecutor had the file dumped on him at the last moment and offered 18 months in the County Jail or Hime Detention.  My client’s conduct was fraudulent.  I held up the  Criminal Code and told the jury my client should have been charged with lots of crimes in the Code PLUS that the State had the wrong victim for the present charge.  I told them she was absolutely guilty but not for what they were to consider.  Frankly I expected the judge to toss the case before it got to jury deliberations but he didn’t.The case was 2 years old and no one, I mean no one analyzed the conduct and the Criminal Code.  The prosecutor who got stuck with the case at the last minute had no time to analyze it.  The prosecutor who had it for over a year should not have relied on the lazy police detective’s analysis. The client was acquitted and since this was the second time she tried something like this-and she went to jail the first time- maybe she learned a lesson.