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Making sure crime pays (none / 0) (#6)
by atlanta lawyer on Mon Jan 08, 2007 at 01:13:12 PM EST
I've always suspected that in drug cases, private clients are more likely to get probation offers from DA's.  I suspect they think, look, if this guys out there dealing drugs, gets locked up, gets a low/ROR bond from a magistrate, a free lawyer, and all he has to do is report to probation, and all the while he's making good $ selling drugs, what's the incentive to stop.  But if he had to throw down 5, 10, or $15K to a private lawyer, he'll do the cost benefit analysis and figure out that crime doesn't pay, or if not, at least the taxpayers didn't subsidize his business by paying for his lawyer.  

I also suspect that there is a certain personal dynamic that goes on.  If your a private lawyer, you walk into court representing one client, you can argue, look, this guy is different from everyone else on the calendar and hears why.  And if you happen to know, or especially if you're friends with the DA (it's a small world afterall) then, consciously or not, there's a likelihood of a bit of a favor being done.   But even if the DA likes the PD, he/she can't do a favor to 80% of the cases on the calendar.  And as a PD, it's hard to argue "this guy deserves a break" without implying, "the other 10 clients I have with the same charges and history don't deserve a break."
PD clients tend to get rubberstamp disposition offers.  It's easier for a private attorney to distinguish their client and to help craft a more individualized and rehabilitory (I may have made that word up) sentence.

nice theory ... (none / 0) (#8)
by Sailor on Mon Jan 08, 2007 at 02:11:58 PM EST
... but I think DAs are wrong if they feel that way. In my experience the folks who got lawyers had to keep selling to afford the fees.

I think it's a good point about the "It's easier for a private attorney to distinguish their client "

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