Ray Hrdlicka – Host – Attorneys.Media
“When a Judge sits on a bench, when a District Attorney or Assistant District Attorney reviews the next case that comes across his or her desk to prosecute, after a period of time are they just looking at numbers and circumstances, and it doesn’t matter if the guy’s name is John Smith, Jim Brown, Jack whatever, or the gal? It’s just statistics almost. Does that not create cynicism? Especially when a Judge sits on a bench and hears the same thing again and again, this charge, that charge? How do you, as a criminal defense attorney, get that Judge to set aside the obvious cynicism that is created over a period of time, and get them to look at…’this is a living breathing human being. He may have screwed up, but he’s not all that…what you see there’. Or what the District Attorney says…”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“Well, I would say the majority of the Judges that I have dealt with, in Alameda County and San Francisco County, want to know what’s going on with my clients. They want to know is there something else that’s involved that comes into play for them to determine what’s appropriate. In Santa Clara County, they simply just won’t hold the District Attorney in check. What the District Attorney wants is almost always what the Judge will want to deliver.”
Ray Hrdlicka – Host – Attorneys.Media
“I have actually heard that…since the mid-80’s. That the District Attorney’s office in Santa Clara County just drives everything.”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“Yeah, yeah they do. It’s a conservative county, so because it’s conservative the District Attorney takes a more aggressive position because they are going to win. The jury results are going to be, generally, not so favorable for the defendant. At the same time, it is true that a significant percentage of cases that go to trial are cases that aren’t very strong. Typically, they go to trial because the offer that the District Attorney gave is so unattractive for the defendant that it’s worth taking a chance. If you have a deal that’s basically the worst-case scenario, then why not go to trial? The worst that happens…is the worst that happens. I’d say, most Judges remain free of too much cynicism, but occasionally, I am tempted to suggest the Judge retire and get a poodle and go home and pet it and become kind again.
Ray Hrdlicka – Host – Attorneys.Media
“That works really well for you, I’m sure!”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“Well, I haven’t used that line yet, but I think I’d be strong enough in the right circumstance to do it.”
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