Bagdasarian’s Bad Mouth

Earlier this week — thanks to Trace Rabern, a lawyer I know from Twitter — I was interviewed by a reporter from the San Diego CityBeat for an article about “talking smack” online.  (Tagline: Real. Alternative. News.)

Freedom of speech is something that’s been near and dear to my heart ever since I was a wee lad spouting “you can’t make me!” to my mom when she told me to be quiet.  (I was right, too.  The slap on my face only made me louder.)

The reporter interviewed me for about 40 minutes, during which I mentioned to him that I found the case interesting and would likely blog about it.  Since his article went online today, and I want to clarify something about my comments, now’s the time.

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And The Money Just Squirts Away

Last week, I sat in a courtroom – so far as I can tell, the only courtroom – in Corcoran, California, waiting for my case to be called.

Corcoran is apparently a small, scared, little hick town full of frightened citizens.  I came to this conclusion because of the little man who sat near the front of the courtroom, next to his court-appointed attorney who was, with loud, booming voice, questioning a woman who looked like a deer caught in the headlights.  I realized later she held this look because, like so many officers of the state – she was apparently a guard at the local prison – she was trying to make sure the answers she gave to the defense attorney’s probing questions did not help his client, or hurt (what turned out to be) her case.

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The Hypocritical Gene

I like to write about things that I know about and try to avoid writing about things that I don’t know about, unless (as is sometimes the case) I’m using the writing to boost my knowledge.  Writing is one of the ways I use to learn.

As a law student, I assisted — was considered “second chair” — on what are called in California “special circumstances” trials.  These are trials where the death penalty is one possible outcome.  Subsequently, as an attorney, I have handled one — and only one — special circumstances case.  Death was off the table, though, within two or three weeks of my coming onto the case.  (We ultimately settled the case, which involved confessions and the prior assistance of my client, leading the police to potential evidence, for a 28-year determinate sentence.  While my client’s family wasn’t happy and stiffed me on the remainder of the bill, my client was more than happy to trade death, or even life without possibility of parole, for the offer.)

In short, I don’t know much about death penalty cases.  I don’t, for example, know why we, the People, kill people to demonstrate that killing people is wrong.  I understand even less why we, the People, think killing an innocent person would demonstrate that killing people is wrong.

And thus I normally don’t write about such things.

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I’m In A Funk

I’ve been in a kind of funk the last couple of days.

Nothing serious.  I don’t have to be imprisoned (at least not for the funk).  But the same cannot be said for some of my clients when their own mental machinery is out of whack.

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Garbage In, Garbage Out

I started to call this post “The Accidental Attorney,” but a recent post uses a similar title.  Besides, I don’t want to give the impression that everything in my life has been a big accident, although I admit to frequently wondering if I shouldn’t have become a psychologist.  In truth it is an accident that I became an attorney.  There’s no denying that fact.  But it is no accident at all that I became a criminal defense attorney.  That was a conscious decision.

The decision I made to become a criminal defense attorney came as a reaction to the problems of complexity, simplicity, and the quest for perfection.  Time and space limitations mean I’m likely to make this a two-part post.  This first part will talk about my initial steps towards becoming a criminal defense attorney.  The second part, which I hope to write tomorrow (!), will focus on the conceptual issues of complexity, simplicity, and the quest for perfection.

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The Accidental Pro Bono Attorney

Last week, a couple of insightful attorneys wrote posts regarding fees.  Brian Tannebaum, a hard-fighting criminal defense attorney in Miami, Florida, discussed the effect the economy is having on clients trying to get money back from their attorneys — particularly after the attorney has, through his hard work, managed to keep them from being charged with crimes.

Scott Greenfield’s post notes that people believe the economy must be good for criminal defense attorneys, since they believe more people will commit crimes.  Scott not only debunks this myth, but notes the negative impact the Internet generally has had on hard-fighting criminal defense lawyers trying to feed their families.

Today, I was reminded of another perspective on this: the client who believes that since you successfully represented him in the past, he owns you for life.

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“Come to the Cut”

A friend of mine, Joni Mueller, sent me a link yesterday, asking if I’d seen the article.  The title was “Exclusion of MySpace Evidence in Gang Related [sic] Murder Trial.” The article discusses an evidentiary ruling in the unpublished case of People v. Wiliams (2010) 2010 WL 611444, 2010 Cal.App.Unpub. LEXIS 1251.  [Note: Since there are two versions of the unpublished opinion and since I'm feeling lazy today, I personally will not use citations in discussing the case; the only time citations show up are when I'm quoting the original article using them.]

The article’s focus on the evidentiary ruling is puzzling.

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Legislating Morality

This is not your typical “legislating morality” post.  At least not typical of those I’ve seen before.  Those posts are about things like prostitution, drug use, and similar allegedly — and in actuality frequently — “victimless crimes.”

That’s not what this post is about.

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