On Being Proven Wrong

I didn't plan on this being a recount-my-day-as-a-lawyer kind of blog, but, too late, it's happening.

Remember how yesterday I wrote that I had a trial scheduled for today, but that the DA probably wouldn't be ready? (If you have a bad memory, just scroll down.)

This morning I get a call from the DA. He was ready for trial. Had an officer and everything. Oops.

It turned out ok, my client didn't bother to come to court, and a warrant was issued for his arrest. Not exactly a good outcome, but it's better than having a trial without my client there.

And, (Socratic Method Time), why didn't we just have a trial without my client present? That's right, because he hadn't been given a Taylor warning, advising him that if he failed to appear for his trial, the trial could be held in his absence.

I have never tried a case without a client (and hope I'll never have to), but I assume the jury would wonder where the defendant is. Even if they're instructed to draw no inference, they'd wonder, right?

A law professor once told me that the recommended tactic is to say nothing throughout the trial so as to give your client an ineffective assistance of counsel claim.

Anyway, thankfully, I didn't have to try that case today. And it showed me that sometimes DAs do answer ready on the first trial date. Good to know.

In other news, Crunch 'n Munch has now replaced Cracker Jacks at Yankees Stadium. Not in the song, just in the food vending arena. This according to The New York Times > Yankees Cut Cracker Jack From Lineup. The Mets are sticking with Cracker Jacks - as if anyone cares.

And thanks to CrimLaw for the link. I'm still not showing up on google, so c'mon everybody, link to me. Thanks.

No comments:

Post a Comment