June 21st, 2011 10:26 PM
"It comes with the territory."
So I now work in criminal law, unfortunately its criminal defense (I'd rather be prosecuting), and Im already finding myself in the company of shady characters. But its rather more of a recent freelance job that I took that has me on code orange, carrying a spare mag, and a heartbeat away from goin red.
As a part of my probono requirement, I offered to help a young lady who was in a rather heartbreaking situation. This women, 32 yr old, 110 lbs soaking wet, with 1, 4 yr old son had just experienced a series of horrific beatings at the hands of her ex boyfriend. In summary, she was nearly beaten to death, strangled, raped, and held hostage in her own home two days, tharted by the ex bf on numerous occasions to notify authorities or anyone else within an audible range of her home. As result, she now has permanent nerve damage in the left side of her face, a damaged rotator cuff in her left arm and also miscarried what would have been her daughter, and scared stupid for her own life and her sons. In my professional opinion, that adds up to felony assault, attempted murder, felony sexual assault, and manslaughter 1 (if he pleads down), which would put him in for 20 minimum. After the incident mentioned supra, "George" go's on the lamb for two weeks and is finally picked up by Minneapolis PD and promptly booked on charges of driving w/out a license and gross misdemeanor domestic assault.
Yes, that is correct, Gross Misdemeanor Domestic assault. And this is where I come in.
I promptly take the case thinking that not only do I fulfill obligation to the great state of MN, but I genuinely will help someone.
Not only do I obtain her medical records to verify her claims, but I thoroughly investigate George's background, not only does he have a rap sheet of numerous assaults, but also with weapons violations to boot. This guy has no business clearly has no business being amongst the general public. I compose a wonderful little packet that consists of consent forms, medical records and a masterpiece of a victim impact statement, because she has no idea how to write. The day of his sentencing, I submit the packet via the judge's clerk, look at the clock, only a half our before his appearance, I think I sit in on the proceedings. Originally, the public defenders wanted to release him willy nilly and just throw him on probation, the prosecution was ready to let it happen and I kinda threw up in my mouth as I heard this. The judge calls the attorney's up to the bench(I struck a nerve), dismisses the lawyers and then reads the VIS into record. I kept my name off the statement for safe measure.
She then says, "There is no way I can sleep tonight knowing I let this sentence go through given the severity of the crime." In short, she upgrades it a felony, sentenced to the maximum 6 months with 3 months credit, ordered to psych/narc/alco-treatment, submit a DNA sample, and prohibited from owning/posessing firearms-permanently-on top of abiding by the restraining order. George still plans to visit the victim's home, claiming he still has a phone charger in her possession but will only do so under police escort. Satisfied with what I was able to do, I leave the court taking one last look at George so I have a detailed description of him for when he is released and back in my portion of the Cities, and find him staring right back at me. Being 5'5, 140 lbs and having a glass jaw if I've ever seen one, Im not too concerned with retalliation. Not until this last weekend, Im playing poker at the local VFW and as look up from cards, here stands a male, 6', 200 lbs approx. with a goatee giving me the stink-eye saying, "George says HI" and walks out.
Some how, I was made. I promptly cut off communication with the victim and much to my relief, or perhaps detriment, I learn from the victims father that the victim is now in contact with prosecutor building further PC for additional charges. The point is that george has people on the outside who mean to walk in my direction.
I tell my boss about it work today and all he says is "Welcome to criminal law, it comes with the territory."
Im tired of writing, what do you think?
June 21st, 2011 10:49 PM
In the words of Ted Nugent, "I don't like repeat offenders... I like DEAD offenders."
June 21st, 2011 11:06 PM
ok, seems we are in agreement that the system is broke
and you seem closer to it than me ( & most here id wager)
do you have a suggestion how, where to start to try and affect positive change?
June 21st, 2011 11:21 PM
Find out from the guys at the VFW who the messenger is...
...background check, restraining order??
Do surveillance detection routes, get to know your neighbors--who belongs, who doesn't belong. Make friends on the PD...
Don't let your guard down...never let them see you sweat.
- know the difference
is a fancy name for crappy fighter
You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know
June 21st, 2011 11:25 PM
I would have said, "tell George hello for me, I'm still working on his paperwork"...and of course, given him a big smile...
I would rather stand against the cannons of the wicked than against the prayers of the righteous.
AR. CHL Instr. 07/02 FFL
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June 21st, 2011 11:40 PM
June 22nd, 2011 12:30 AM
Both sides of the criminal justice system have their drawbacks... and in both, you deal with people who are probably not going to win PTA 'Citizen of the Year' awards. Given a choice, I think I'd rather be on the prosecution side, but that choice isn't yours right now.
I think you did the best you could under the circumstances. For a while I would spend a little more time closer to Awareness Level Orange than Yellow.
NRA Endowment Member
June 22nd, 2011 04:39 PM
Positive change can be affected when those we entrust to deliver justice, actually do thier job. The lack of investigation and unwillingness to follow the letter of the law is just appalling. Im talking about those in front of the bench of course. I take pride in knowing that I use principal and values when dealing with clients but sometimes they sabotage themselves by not doing what is asked of them, in this case it was refusing the rape kit when she arrived at the hospital after her 2 day ordeal.
The world isnt perfect and neither is the system, otherwise we wouldnt need it.
Last edited by xsigma40cal; June 22nd, 2011 at 04:40 PM.
Reason: grammar check
June 22nd, 2011 04:54 PM
Do you have any formal defensive handgun training? Something like Front Sight, Gunsight, etc, etc?? If not, given your occupational hazards, I'd find the nearest, most highly recommended formal defensive training available and get myself there ASAP. If you have people gunning for you, get prepared!!! If nothing else, if YOU feel bettered prepared thru training, the confidence will come thru to others and that very confidence may prevent some escalation by others.
Scott, US Army 1974-2004
Freedom is never more than one generation away from extinction. It must be fought for, protected, and handed on or one day we will spend our sunset years telling our children what it was once like in the United States where men were free.
- Ronald Reagan
June 22nd, 2011 05:20 PM
"Chaplin Scott" has a piece of good advice on a COMBAT handgun course. Be sure its a combat course, you don't need to spend a half day learning to draw without covering yourself. Other than that I'd say handgun and spare mag on you anytime you're not in court. 12 guage in the vehicle, and AR or AK in the house. Maybe since the "perp" had a friend pay you a visit, if you have any friends in LE perhaps they would pay the perp a visit in return...if they could find "probable cause".
"The beauty of the Second Amendment is that it will not be needed until they try to take it".
June 22nd, 2011 05:40 PM
Start a paper trail with your local LE agency.
Basic suspicious incident report.
How did this guy know you were at the VFW ? Is he following/stalking you ?
Be ever vigilant. Stay in condition yellow (you should be there anyway if you carry).
June 22nd, 2011 06:52 PM
What is VFW?
xsigma40cal, I'm not too sure I have any advice to give thats worth a damn, but I want to personally say thank you for pursuing fullest punishment and going the extra mile on this scumbag. If I read your post correctly, you were directly responsible getting him stuck with a felony, making him prohibited from ever purchasing a firearm. You've made the country a safer place!
”A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them..."
June 22nd, 2011 07:00 PM
Welcome, you have joined a club than many do not relish membership in.
"I do what I do." Cpl 'coach' Bowden, "Southern Comfort".
June 22nd, 2011 07:11 PM
One of my MA students is a lawyer who recounted to me a number of occasions where he was threatened with serious bodily injury. He also told me a lawyer friend of his suffered permanent, debilitating injuries after being run over by a car driven by an angry client.
Be careful and stay safe.
June 22nd, 2011 07:14 PM
Originally Posted by Guantes
Stay alert, stay safe
"If you make something idiot proof, someone will make a better idiot."
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