Singing Loudly: 2 Cases Set, Nothing Goes

Singing Loudly

Thursday, December 11, 2008

2 Cases Set, Nothing Goes

Many times a Judge will make you go forward on a case that you are not really ready to defend. Sometimes the judge will do the same to the prosecutor (not as often). But it's not uncommon for a defense attorney to have a case (or in my situation, two cases) ready for trial and both to fall through. Double the chances of that when the state has a lot of doubt in their case.

Monday I went for a docket and announced ready on a couple cases. Then I received a few exculpatory statements from the prosecutor. Hmm. She says one of the witnesses is on his way but she just found the statements this weekend. My question about that being the witness is a prison inmate 500 miles away. She'd have to have ordered him for trial a week ago (at least). The other exculpatory witnesses are unavailable.

I tell her that I'm going to request a continuance and I throw in there that her complainant is going to balk on the stand. She asks to bring my two clients back Tuesday. The Judge allows that. On Tuesday she dismisses. The judge resets my other client until a much later date.

That's life when you have winnable cases. Next month I'm sure I'll have to go on some cases that could use a little help.


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