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1018 Preston, 2nd Floor Houston, Texas 77002 P) 713-222-9141 F) 713-236-1886
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Last Thursday something unusual happened. I had a client sentenced to a prison term in State District Court. For whatever reason, the firm doesn't often represent people who go to State prison. This particular client had been accused of stealing about $650,000. The evidence was substantial that he had taken a large amount of money from his employer, although there was some dispute about how much exactly. Further, extraneous evidence existed that he had stolen another $200,000 from friends and family. His past record revealed an inability to handle bank accounts, resulting in probations for Theft by check. His former best friends were witnesses for the prosecution and in essence testified that his problem was greed. I warned my client and his family that the Judge was likely to choose a prison term over probation. She did.When the Judge pronounced sentence my client's family was despondent. His mother literally fainted on the courtroom floor. The sentence was substantial, and the family wanted to know why. Granted, the number of years was more than I personally thought appropriate, but the family kept asking why the Judge had been so unfair to their loved one. I didn't know how to answer. What is fair? I have often heard "victims" of crime complaining how unfair the system is.The Judge in this case didn't give my client what the prosecution requested. Maybe the State considered the Judge's decision unfair. I never asked. I have heard defense attorneys complain about a particular prosecutor being unfair. Cops are not often fair, and their rush to judgment is often pointed out on cross-examination. Defense attorneys don't have to be fair to prosecutors and tell them what their defense is going to be. Fairness is all about perspective, it seems.I wanted to give them an answer - anything really to relieve their pain. I just didn't know what to say. I had gotten to know my client and his family during the past year very well. They are wonderful people in a god awful situation. I began to view my client as a friend. It's a mistake I make often. I get close to the people I am hired to help. I can't save everyone from their past, but I carry a remnant of their pain with me. I know it's only a shadow of what the family feels, but each remnant will pile up if I don't let go. I simply can't help anyone if I digest that pain. I'll burn out and wind up afraid to make the decisions necessary to properly defend. I know that, but I'm still feeling this one. My client's mom asked me yesterday why I hadn't visited her son in jail while he awaits transfer to TDC. I told her the truth, which must have surprised her. I told her it would hurt too much. But I'm going today, and then I'm going to leave it alone. I don't want to be callous, but there's another family that needs me and it's not going to get any easier - Ed Chernoff, www.houstoncriminallaw.com
Stupid Things Clients Do to Fuck Up the Rest of Their Lives I'm no drug lawyer as that term is understood. I don't get visits from shady vaguely connected cartel mules carrying cash. (Not that there's anything wrong with that!) If somebody did drop a bag of cash on my desk, I'd probably tell so many people the story, the IRS would move into my guesthouse. Frankly, the people I represent don't have cartels paying their way. My clients hold their hat out to family and sell all their belongings to pay for me. This potential client resides in the Cameron County Detention Center. It is a surreal facility consisting of two buildings, surrounded by razor wire. The State inmates are in the North building. Federal, to the South. To enter the attorney visitation portion of the Federal section, you have to punch an unmarked button attached to a speaker at the front of a loading dock. A gate rolled up when I announced my presence. (It’s was very "Get Smart" like actually.) After I walked through a portico, the only thing that separated me from the hell of the detention center was a monitored cell door, controlled by a burly Mexican correction officer. They let me in without having to show any identification at all. I know I have the innocuous look of a lawyer, but still, it seemed too easy. Out of obligation I handed the burly one my bar card and TDL. He gave it a cursory look and filed it away in a drawer. They got on the phone and called up my inmate and then directed me to the attorney visitation room. It was completely open. It struck me that a crooked attorney could deliver drugs to someone he represented. Of course, I haven’t any idea what search procedure occurs after the visit or what surveillance we were under, but considering the unique ways my clients have hidden drugs in the past, I haven’t a doubt it could be done. I didn't have to wait long before they brought in my potential client, and he possessed something I hadn't seen in hours - a smile. He wasn't expecting me, he said, but I explained who had sent me and he made the instant connection. I have to admit, I was disarmed by this fellow! I had been in the facility many times and had always felt a little disturbed, but the way he approached me and the conversation that followed left me with an odd feeling of hospitality. I learned that he came to the U.S. from Mexico at seven months of age. His Mom and Dad were migrant workers, and ultimately the entire family moved to California and became involved in the harvesting of our nations melons. For 15 years he attended various schools, and he lamented the fact that every time he became familiar with a certain textbook, it changed on him. He ultimately decided that he would never catch up, and quit altogether. He moved to The Valley, met the love of his life and had a couple of kids. He was particularly proud reporting that his 15 year old daughter was on a trip to Washington DC, which she had won based on educational merit. I told him about my own trip to Washington DC at that age. With a big grin on his face, he told me that his daughter wanted to be a lawyer, but added somewhat sheepishly that she didn't want to be a criminal lawyer. I replied, "Who the hell does?" We both laughed. We talked about the Dallas Cowboys and the Mavericks. We talked about the coaching problems of the Miami Dolphins. We laughed about the ineptitude of the Texans. He said that it was OK in the detention center – that nobody messed with him – but that everybody was into the Novellas, and with March Madness approaching he was afraid that he wouldn’t be able to see any of the games on television. I earnestly commiserated. I can't say I left the detention center happy, but I was content. And although I am tired in this airport, I'm still content. I hope he hires me. He got caught up in this business in the most natural way. Everybody has a price, and if you throw enough money at someone who is trying to support his family on a migrant's income, the threat of incarceration will not deter him. That is the foundation of the cartel’s business. The billionaires in Mexico City have nothing to fear from our war on drugs....Oops, got to go… they've announced boarding and I'm in the first group. I was about to start preaching anyway. I’ll keep you posted...
Prisoner of Love One of my website developers lives in a loft across from the Federal Detention Center. I received an email from her at around 2am one night, wherein she asked me what the prisoners across the street were thinking and doing. She could see the lights were on and every now and then could make out the shadow of a face pressed against the small sliver of a window each cell possessed. She said that she felt guilty closing her shades, because she imagined that they looked forward to looking at her loft and dreaming about life on the outside. I wrote her that I couldn't honestly report what specific thoughts they were thinking, but her description of the scene reminded me of a porn movie I watched once, and advised her to close her blinds. It is an interesting question, and one I have frankly never thought about. Most of our clients here don't go to prison, though I must admit that a good portion who do go are housed in the Federal Detention Center. We have a saying here, "Dead bodies and kilos are going to put you behind bars." So what do inmates think? Empirical evidence would suggest that they only think about the legal aspects of their cases, since we don't usually get phone calls from imprisoned clients unless they want to know how their case is going. There are exceptions, of course. I had one client who used to call every day "just to rap". At $4.85 a call, our gossiping got expensive! I have a theory about some prisoners. There are a rare few, who feel most comfortable being incarcerated. I've developed this opinion by observing the great lengths some of our repeat clients have gone to place themselves back in custody. They will come into my office, strung out on life and intoxicants, detailing all the reasons why The Man is unjustly coming down on them again and all I hear is the number of mistakes they are intentionally making to cause their own downfall. I preach to them, but it does no good. Soon they wind up in an orange jumpsuit. Later, when I visit them in jail, I observe the calming influence incarceration has had on them. Enclosed by stifling walls, they seem to be oblivous, like a small dog that prefers to sleep in his cage. In jail they are told where to go, what to do and what and when to eat and sleep. Their day is spent making zero decisions. For some people, who perceive their lives as out of control, such an environment is soothing. Naturally, such individuals are rare. The vast majority of our clients are terrified with the prospect of incarceration, and so we spend most of our energy preventing that from happening. Despite the musings of my website developer, there is nothing quixotic happening in the detention center across the street. I can't be sure, but its highly likely they are hoping to get a peek of something that can't be provided to them in jail, and its probably not the good life.
Mad as Hell I don't know if any of you would be surprised to find out that sometimes I greatly hate what I do. Actually, I've been on a roll with that emotion. I stood in front of a a judge yesterday, who I consider a friend of mine, who asked me questions about my clients I simply could not answer; questions like, "How come they haven't come up with restitution for the complainants in the last 19 months?" I probably should explain. I represent two people accused of stealing approximately $400K from their employer. They were charged about a year ago, but their theft was discovered in May of 2005. Esentially what they did was pad their expense accounts. Sales people and their like do this kind of thing all the time, but my clients took it quite abit farther than usual by creating false airline tickets for reimbursement and taking trips to Cancun on the company's dime. Like most of my theft cases, after a while the theft got routine for them and they simply lost track of how much they were stealing. At some point the total became staggering, but it sneaks up on them in these types of cases. It's not like these people wake up one morning and say, "I'm going to steal 200K!" They would find that kind of theft to be revolting and immoral. The thought is, "I'm going to take about 500 and hope I don't get caught." Then when they don't get caught, the theft continues. I get cases like this all the time. Even more magically, none of my clients in these cases have any idea what they did with that money. I'll sit for an hour in discussion with them, going over every significant "withdrawal" and they never know where the money went. Sometimes I want to choke them! Tell me it went to pay for your Uncle Charlie's surgery! A boob job maybe? Tell me you gave it to a church! Show me a receipt for anything. Hell, tell me you snorted it up your nose. Just tell me! Nope, it always appears the client spent the money on about 13,000 Half Caff, No fat lattes at Starbucks. They just piss it away. Anyway.... this case. I really like these two clients. These folks are the kind of people you would expect to see at your family Thanksgiving table. One is female,in her early thirties, with a just walking one year old baby, two kids in college and a wonderful supportive husband. The other is mild mannered, polite, perhaps gay, agreeable 31 year old. Neither one has a criminal record... naturally. I was trying to convince the judge to give them probation. The prosecutor, flanked by the owner of the company(who looked just like one of those old bankers in those Washington Mutual commercials) wanted 20 years. Of course he wanted 20 years... he had already recieved total restitution from the insurance company. Why the hell not? It makes great conversation: "Yeah, I got money stolen from me and the Judge gave the guy 20 years. Aren't I special?" (By the way, one of my blog entries needs to be about my views regarding this culture of victimization.) So the judge asked me, "Why haven't they paid any restitution?" Do you know what it is like to stand in the middle of a stage, everything competely black except fot a single spotlight shining on your forehead? I do, except that the blackness is a creation of my mind, and the spotlight is a metaphor for the ten eyes staring at me, waiting for an answer. An answer I didn't have. I couldn't tell the Judge about the numerous meetings I had with my clients explaining the need for upfront restitution. I couldn't tell the Judge that my clients hadn't the financial ability to pay because the evidence showed pretty well that for about three years they had supplemented their income rather extravangently. So I punted. I told him we were merely waiting for him to tell us where to pay the restitution. He smiled at me. I want to say patronizingly, but I know him too well. I think he was feeling my pain. So, bottom line? He put my clients in jail and sentenced them to ten years.... but.... said he would "consider" shock probation if they came up with 70K in restitution upfront. In other words "SHOW ME THE MONEEEEEYYYY". That was yesterday. Today I got the word that one of them had already come up with the money and the other one was days away. When I was hired, I was asked to get them probation. They had already admitted to the theft, so there was no fact issue to be resolved. It appears that their goal will be achieved, albeit awkwardly, and that pisses me off. It is never easy. Never. |
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