How Do You Handle High-Tension Cases?

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: What is the craziest or most newsworthy case you have ever dealt with?

Acacia Law: I had a death penalty case once where I really did not think the death penalty was appropriate. I worked for several months on that. It is just that it was not an egregious killing. It was actually an accident to a certain degree.

Why that case made the death penalty list, I do not know. Months were spent trying to work through the mechanics and the ballistics. There was also work with co-counsel and the public defender's office to be able to access their private investigators and other associate attorneys. Then, we were able to get them to knock off the death penalty so he could get a 25 to life sentence.

That situation was, to me, crazy or high-tension. I put a lot of work into that. I just did not feel, under the circumstances, that the death penalty was even remotely appropriate under the facts of that case. Luckily, they ultimately agreed.

I have had other cases where I basically took it to trial because I had faith the jury would see the truth of the situation; or the lack of credibility. Again, that is something you get satisfaction from. Actually, they say the absolute toughest cases are when your client is totally innocent. I think it is true.

Those are the absolute toughest cases. When the facts are questionable, there will usually be a plea offer that is reasonable. The problem is: Do you plead a client to that or do you expose them to the possibility of mandatory prison under the underlying case? Those are tough decisions.

I never make anyone take a plea. I always tell them it has to be done knowingly, intelligently and voluntarily. If they cannot make a fact pattern, then we have to go to trial. However, you are always tempted sometimes to say, "Look, I believe you are probably innocent. In fact, I am pretty certain you are.”

I want to add, “But the stakes are so high here. If you get an offer of probation, you might want to consider it." Those are the toughest cases, I think. Those are the ones where, if you lose or they find your client guilty even if they are not, they go to prison.

If they refused an offer of probation and no jail, you would feel pretty bad. It has never happened to me; but I would feel pretty awful about that. At that point, all the pressure is on you, and your trial skills,to prevail.

I have had dozens and dozens of strange cases that are interesting. These interviews have been useful because by asking these questions, you help me recollect a whole slew of different fact patterns. The fact patterns are from cases I have been involved with in all areas of criminal law and DUI law over the years.