Tuesday, December 20, 2005

Fun with no questions

The hardest part of being a trial attorney is learing when to hush. It's hard not to ask questions. It's even harder to know when not to ask questions. My first probable cause hearing as an attorney was a driving under the influence. I was ready for it. I had gone to the scene, done my research, and had my list of questions. I stood up after the state finished with their one and only witness to hear the Magistrate say "You don't have any questions right counselor?" Which my senior attorney is mouthing no and with a touch of sadness I looked at my questions, diagram, and pictures and shook my head no while saying "no, your honor." My motion to dismiss was sustained and my client went home. I recieved a transcript the other day from another probable cause hearing that I was smart enough not to ask any questions. Five witnesses, eighty pages of transcript, and 60 objections later he got bound over, but on three less felony charges. We have motions coming up and i'm hopeful that we'll wittle away the rest of the felony counts. Luckily or unluckily, I've represented this client a few times before and he did not freak out about me not asking any questions. Can't wait to argue this transcript to the trial judge. Janet


Blogger Gideon's Guardians said...

AND Janet made the DA cry.

11/22/2006 5:51 PM  

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