Many clients I represent in criminal cases often have a suspicion about the whole criminal justice system.
One of the myths that I have heard often from people charged with criminal offenses is this: the system is out to get me, the cop and Judge want to put me in jail, and even if they don’t, the prosecutor certainly does.
I gotta tell you in my experience that is a complete myth and falsehood.
Why do I say this?
Because jails are filled as it is with serious criminals.
People who have homicide,rape and aggravated assault cases with long records are usually the folks in jail.
Let me give you an example.
Just this week I was representing a 29-year-old woman who had a serious drug problem. A niece of an attorney friend of mine.
As a result of that, she got involved in a burglary and identity theft situation. With her old girlfriend.
The first time that I met her, she was physically and emotionally a wreck. Worse she was charged with 3 major felonies including criminal burglary, criminal trespass and access device fraud.
All 3 of them carried with them jail time upon conviction.
I told my client that if she voluntarily got treatment to deal with her drug addiction it would go much better for her in front of the judge.
It would give us some ammunition to counter the serious felony charges.
Incredibly, this 29-year-old client voluntarily entered an inpatient drug treatment facility.
She went into the facility and stayed there for at least 90 days. Since then she has been involved in going to drug classes and is it currently in a halfway house as a way to come back to society as a responsible citizen.
So this week her case comes up for trial. I requested a detailed report from the treatment center.
It was a very good report.
I had earlier tried to call the assistant DA about the possibility of getting a reduction in the charges and/or probation.
She initially told me she NEVER has reduced a felony charge to a misdemeanor under these circumstances.
Once I got the report from the treatment center I had it hand-delivered to the assistant DA. She had a chance review it before the hearing on Wednesday.
Wednesday morning came and I brought up all the positive things that my client has done since the arrest. I asked the assistant DA whether she wanted to give this 29-year-old woman a felony conviction that would trail her for the rest of her life.
After some talking with the victim and the police officer, the assistant DA came back to me and said they were willing to offer a plea to probation and a reduction of the felony charges to misdemeanors.
Holy jackpot!
We jumped on that quicker than Sidney Crosby jumps on a breakaway pass.
The last thing that we had to do with it was to get the Judge to go along with the plea bargain.
I’ve had situations before where judge said to the prosecutor your pleas too lenient.
After we spoke with the court, the Judge not only endorsed the plea but he went out of his way to tell my client what a remarkable job she is doing dealing with her drug addiction.
We walked out of there very very happy.
The police the prosecutor and the judge are out to get me…
Pittsburgh criminal defense attorney Bernie Tully and auto accident attorney Bernie Tully thinks this is 1 myth about the criminal justice system that just isn’t so!
Go Pens.
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Bernie Tully