Celebrating 10 years! 2007-2017

I was called "a pig" by a prosecutor this week

I was in court this week on DWI this week and had one of the orange906/10/17
Set it and forget it. Don't waste another minute on it excep shitlawsf06/10/17
Jeebus. Reminds me about one time I had the alphabet test a sjlawyer06/11/17
What town was that in?! Please tell me you had one of those orange906/12/17
eh, it was just the police report. Prosecutor agreed to blo sjlawyer06/13/17
LOL, is he a newbie? File a couple motions and he'll dismiss vulturelaw06/22/17
Cops have an uncanny ability to smell marijuana at the most 3lol06/10/17
Client sounds like a scumbag who got what he deserved. That mrtor06/10/17
plead to tinted windows. defensivelawyer06/10/17
Name calling isn't nice. Curious as to what jurisdiction you redemptionsong06/11/17
It's ok, he was projecting. trollfeeder06/11/17
Give me a county and ill guess the prosecutor flawed06/11/17
haha, this is why municipal practice in NJ is awesome. sjlawyer06/11/17
I actually doubt you'll be able to. This is a guy I have de orange906/12/17
We had meeting where apparently the AoC asked prosecutors to sjlawyer06/13/17
Tell me A.B. was messing with you, so I can laugh my ass off flawed06/13/17
Nope- Not AB. He would've used some choice words while writ orange906/13/17
Ha, damn, gave it a shot. I have 5 other guesses but ill lea flawed06/13/17
Oh I understand having to kee everyone happy, I've been doin orange906/13/17
pleamaker charge. You client can't just take the possession sjlawyer06/14/17
My guess is the risk of loss of license on the possession ma flawed06/14/17
Hardship application on a possession is easy. No hardship o sjlawyer06/14/17
Hardship app is easy on the dp... but with a fired up prosec flawed06/14/17
Well yeah, that's the (unstated) whole purpose of the 4-49.1 sjlawyer06/14/17
dbl post sjlawyer06/14/17
Client isn't CD eligibile. Not to mention the pills went up orange906/14/17
Resolved the case yesterday lol. I walked in the and muni p orange906/21/17
Ha. Typical. Always seems to work out tgat the most ungratef flawed06/21/17
jeebus. got a great deal. Good work. Getting out of a DUI sjlawyer06/21/17
This is why the practice of Medicine is even better. bigsal06/11/17
From a message board asking doctors if they are happy: " junkwired06/14/17
I can't understand how someone can maintain their sanity in flharfh06/12/17
just remember: its comedy, not drama defensivelawyer06/13/17
Is the prosecutor a fasting Islamic? Then it's judicially sanka06/14/17

orange9 (Jun 10, 2017 - 9:29 pm)

I was in court this week on DWI this week and had one of the most unreasonable experiences I have ever experienced. My client was pulled over for tints, and the cops supposedly smelled weed in the car, and saw an open container. They had him recite the alphabet- client nailed it. They asked him how much he drank, he said nothing and that the open container was old.
They have him step out- for the HGN the cop wrote in his report that my client had nystagmus. For the other 2 tests- my client completed them and did quite well. Cops of course then pat my client down and find 1 pill, and then search his car and find nothing. Cop then tells the other cop he thinks my client is on pills, not drunk, which makes no sense because of the HGN results the cop wrote in his report.
Client gets brought back to the station, blows a .00, and there is no DRE available and there is no urine.
This week I was in court, and the prosecutor asked me what I wanted to do on the DWI, and I was like well he blew a .00, I expect you'll dismiss it. The pros actually expected me to have my client plea guilty based on observation and then called me "a pig" for wanting it dismissed. This guy really wants to try a .00.
After an experience I had last week with a prosecutor who tried to pull one on me in a distributation case, I have officially had it.

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shitlawsf (Jun 10, 2017 - 11:56 pm)

Set it and forget it. Don't waste another minute on it except to get ready for trial.

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sjlawyer (Jun 11, 2017 - 10:17 am)

Jeebus. Reminds me about one time I had the alphabet test and the cop failed by guy becausse he said "y 'and' z" and thus added the extra "and."

Pros should be happy if you'll plead to the pill. He's got a legit dismissal of the DUI and I've gotten more with a lot less.

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orange9 (Jun 12, 2017 - 10:10 pm)

What town was that in?! Please tell me you had one of those true believer municipal prosecutors and had to put the cop on the stand for that.

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sjlawyer (Jun 13, 2017 - 8:45 am)

eh, it was just the police report. Prosecutor agreed to blow the DUI out for me because he's a reasonable guy. There's only 2 to 3 guys in my county that were true believers.

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vulturelaw (Jun 22, 2017 - 5:14 pm)

LOL, is he a newbie? File a couple motions and he'll dismiss it. It's not worth his time and he'd be an absolute idiot to take it to trial. Prosecutors tried intimidating me like this when I was a new lawyer. You just have to call their bluff.

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3lol (Jun 10, 2017 - 9:56 pm)

Cops have an uncanny ability to smell marijuana at the most convenient times!

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mrtor (Jun 10, 2017 - 10:18 pm)

Client sounds like a scumbag who got what he deserved. That being said, the prosecution doesn't seem to have enough evidence to get a conviction.

Get used to adversarial situations in this profession. You won't last long if you take these things personally.

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defensivelawyer (Jun 10, 2017 - 11:15 pm)

plead to tinted windows.

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redemptionsong (Jun 11, 2017 - 7:00 am)

Name calling isn't nice. Curious as to what jurisdiction you are in. I remember in FL a few years ago an attorney said that someone was lying. Race to the bench to tell the judge. Censured I think, for that.

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trollfeeder (Jun 11, 2017 - 9:56 am)

It's ok, he was projecting.

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flawed (Jun 11, 2017 - 10:13 am)

Give me a county and ill guess the prosecutor

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sjlawyer (Jun 11, 2017 - 10:19 am)

haha, this is why municipal practice in NJ is awesome.

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orange9 (Jun 12, 2017 - 10:08 pm)

I actually doubt you'll be able to. This is a guy I have dealt with for years in the numerous towns he covers, and has always treated me well. On minor traffic stuff, he is the type where you just sit there and he will say "oh your client must have accidentally (fill in the blank)" as he makes up an intersection so he can give you one of those non-97.2 downgrades the AOC and AG hates.

But if you want to take a shot- bergen.

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sjlawyer (Jun 13, 2017 - 8:46 am)

We had meeting where apparently the AoC asked prosecutors to stop downgrading to local ordinances. Everyone Loled.

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flawed (Jun 13, 2017 - 10:21 am)

Tell me A.B. was messing with you, so I can laugh my ass off.

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orange9 (Jun 13, 2017 - 2:06 pm)

Nope- Not AB. He would've used some choice words while writing up the dismissal and thrown it out.

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flawed (Jun 13, 2017 - 2:37 pm)

Ha, damn, gave it a shot. I have 5 other guesses but ill leave it at that.

Having done 5 years on the defense side and being a sub-prosecutor for like 3 months, i can tell you being a prosecutor in muni is more nerve racking than you might think. You have to be a team player with the cops, judge, and town. Which sometimes means putting on a dog and pony show to prove you have your cops backs, even when inside you know they are incompetant morons.

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orange9 (Jun 13, 2017 - 7:56 pm)

Oh I understand having to kee everyone happy, I've been doing this for quite awhile. And this muni pros has been around for years and shouldn't have to prove himself to his cops. And the judge has been around for awhile too. My biggest problem in this case is going to be a 49.1. The remand charge doesn't fit so I'm not worried about the criminal charge, bout the 49.1 could really put a damper on this. I have no labs yet and it's almost 6 months so maybe I'll get lucky

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sjlawyer (Jun 14, 2017 - 8:48 am)

pleamaker charge. You client can't just take the possession (CD?) and call it a day?

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flawed (Jun 14, 2017 - 9:39 am)

My guess is the risk of loss of license on the possession makes Orange nervous. Prosecutor probably thinks Defendant is a scumbag and if he can't get him on the 4-50, he'll light him up on the 49.1 and/or possession.

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sjlawyer (Jun 14, 2017 - 10:00 am)

Hardship application on a possession is easy. No hardship on a 4-49.1

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flawed (Jun 14, 2017 - 10:03 am)

Hardship app is easy on the dp... but with a fired up prosecutor putting up a stink, ehhh I'd start getting nervous. but that 49.1 is the problem.

Just gotta keep making that application to suppress the labs if they don't show up.

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sjlawyer (Jun 14, 2017 - 10:15 am)

Well yeah, that's the (unstated) whole purpose of the 4-49.1. It's supposed to force the plea.

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sjlawyer (Jun 14, 2017 - 10:00 am)

dbl post

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orange9 (Jun 14, 2017 - 1:29 pm)

Client isn't CD eligibile. Not to mention the pills went up to the county and were remanded as a 10a4, so their mistake just handed me a win in that charge. But that doesn't best the 49.1. I'll have to wait out the holup, and then fight PC (which id win in law school, but not in real life), and maybe the lab tech won't show.

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orange9 (Jun 21, 2017 - 10:33 am)

Resolved the case yesterday lol. I walked in the and muni pros knew which file I was there for. He dismissed the DWI and the 49.1, dismissed one criminal and amended the other to an ordinance (AG will not be happy), and then my client took a hit on tints and open container.

Client is not satisfied- but he is the typical "i shouldn't have been pulled over, this is BS" type of guy. He knows the system well (has done fed time) and is always able to stay off the radar for major things, but this little minor $H!T he can't avoid. He is also mad at the fine amount, but hey- that's muni court. If you don't want to pay a high fine, get indicted.

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flawed (Jun 21, 2017 - 10:51 am)

Ha. Typical. Always seems to work out tgat the most ungrateful clients get the sweetheart deals while the happy clients get shafted.

Oh well. Good job.

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sjlawyer (Jun 21, 2017 - 12:00 pm)

jeebus. got a great deal. Good work. Getting out of a DUI, 4-49.1 and the drug charges is a near-miracle.

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bigsal (Jun 11, 2017 - 11:19 am)

This is why the practice of Medicine is even better.

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junkwired (Jun 14, 2017 - 10:01 am)

From a message board asking doctors if they are happy:

"Been doing it for 10 years - it sucks. Strongly encouraging my children NOT to do medicine. And anyone else who will listen for that matter..."

https://forums.studentdoctor.net/threads/are-doctors-happy-with-their-jobs.704063/

But for perspective, which JDU sometimes lacks, here's a gem from another user:

"Don't choose or not choose a career path b/c someone else says it's harder or easier. Choose it b/c you like it. Almost all of them will have hard work, so suck it up, close your eyes, and ask yourself what the hell you want to do for the rest of your life. You will have your non-biased answer."

Another user wrote something eerily applicable to many law students and attorneys:

"Oh, and it depends what doctor you talk to. I find that their expectations and goals with medicine are the biggest determinant of happiness. If they began with the mindset of enjoying learning, intellectual curiosity, constant improvement and making money to solve puzzles then they tend to be happy. If they entered with a vague notion of "wanting to help people", wanting some kind of status or title or for financial expectations then they tend to be unhappy."

That particular thread is pretty old (2010), but it contains a lot of responses to a relevant question. On my end, I can't say I love the law, but I have 0 interest in medicine, so it would be a worse fit me. Visiting message boards for those in the medical profession - or whatever alternative to the law you believe is 1000x better - is pretty telling in that you don't get the grass is greener shpiel that's so popular on this forum.

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flharfh (Jun 12, 2017 - 1:14 pm)

I can't understand how someone can maintain their sanity in any litigation practice when they take even relatively low level cases so personally.

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defensivelawyer (Jun 13, 2017 - 1:45 am)

just remember:

its comedy, not drama

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sanka (Jun 14, 2017 - 1:30 pm)

Is the prosecutor a fasting Islamic? Then it's judicially passed:

Nadeem Aullybocus, defending, explained that Aslam “was fasting [for Ramadan] on that day and had been doing so for about 20 days” when he carried out the attack.

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