Ineffective?
The State said Jake’s client was guilty and the jury agreed. Jake had thought they might, and he had told the client so.
“I can’t do it. I can’t say that I’m guilty of something when I’m not.”
“I understand,” said Jake, “but they’re offering you 10. The minimum, if you’re convicted, is 21. The maximum is 60. Do you understand that? Do you understand that, if you lose, the best thing that can happen to you is 11 years more than their offer?”
“How can I lose? I didn’t do it.”
“I know the evidence,” said Jake. “Based on this evidence, I believe that a jury will find you guilty.”
“How can you do it? How can you tell a man to plead to something that he didn’t do?”
And so, Jake stood up and told the jury that the man was innocent. He told them why. I saw it.
The jury saw it differently and the man cried.
Later, he came to see me. “I’ve never felt this way before,” said Jake. “I’ve never felt ineffective for failing to convince someone to plead guilty.”
February 25, 2008 at 07:02 p
It is a tragedy that happens every day. Until it happens to someone you know, it’s hard to understand just how common this is.
February 25, 2008 at 09:16 p
Yep. In 2 weeks, I’ll be at a sentencing hearing and be feeling the same way.
March 10, 2008 at 05:46 p
but to some, to go down fighting may be more important. Yeah, he could have gotten less time, but he fought. He didn’t stand there and ask the court to send him away for years. Maybe that is as important a factor as the amount of time. I like to think some of my clients have the attitude of ” I may be going down for this, but I’m sure as hell not going to make it easy for them”