People v. NAME DELETED

Ex Parte Motion for Order to Require the Kings County Sheriff's Department to Allow Contact Visits for Defense Team

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While awaiting my bar results, I was approached by the family of a man charged with a gang murder. It was a death penalty case at the time, but I had reason to believe the DA's office would soon take death off the table. (They did a few weeks after I took the case. I cannot say it was me who convinced them to do so.)

They were referred to me by one of the better-known criminal law specialists in the area, for whom I had clerked, because of my significant study of, and focus upon, gang case law. He apparently believed I could handle the case.

I originally refused to take the case. What newly-minted attorney takes a death penalty case right out of the chute?

Another attorney friend with over 30 years of experience, both as a DA and as a defense attorney, who had handled death penalty cases as a DA, heard about it. He volunteered to take the case with me; the client received two attorneys for only a slightly higher fee.

Per agreement, we both attended all hearings (he did have to miss one small procedural hearing). I wrote all motions. This was one of the first.

I don't know why I seem to get the clients with whom I have trouble getting contact visits in the jail, but, that's what this motion is about.

Oh, and ultimately I engineered a plea agreement for a determinate term of years with which my client was quite happy.

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Reference Info:State, 9th Circuit, California | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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