06/02/2024
Friends...
It's official, I am bad at posting information. I suppose being uber-busy, a blessing as it maybe, can also be a curse, in that it seems there is never time to reach out. That said, having been out for several weeks post-hip replacement, I really have no excuse for not taking the time to bring folks up to speed regarding new information.
As it's been a while, please forgive me if I repeat anything that's already been said.
first and foremost, you may have noted a change to the office address. That's because there is no more office address. COVID taught me many things, among which is that going to an office every day is unnecessary. Why pay for parking, rent and the aggravation of wasting 2 work hours each day sitting in traffic when anything that can be done at the office can be done from the comfort of home? Moreover, Zoom and electronic payments have made face to face meeting obsolete. While bad news for the commercial real estate market, expect more and more businesses to go this route in the future.
Second, while I am best known as a criminal defense attorney, and in fact, have been pigeon-holed as such, the fact is that I do as much personal injury work as possible. In furtherance of that effort, I have recently solicited the services of Tom Latona as the Case Manager for my personal injury practice. As a recent retiree after 33 years as a Claims Adjuster for Allstate, Tom has proven to be an invaluable asset to my p/i clients as they work together to navigate their claims.
Man cannot live by criminal cases alone. While we certainly hope you never find yourself in need of representation after an accident, should that unfortunate day come, please consider reaching out to us for help. The bottom line is that I have to keep Tom busy or he may actually figure out that retirement means he's not supposed to be working anymore!
On the family law front, while Kristal has moved on to greener pastures, we still represent folks experiencing separation from spouses and kids. While I enjoy immensely helping families prepare for and survive the changes divorce and child custody bring, I want to be honest and inform prospective clients that I am reluctant anymore to take on cases where clients prioritize their personal vendetta over the well-being of their children. That said, if you want what's best for your kids and just need some help getting there, feel free to give us a call.
As always, our criminal defense practice continues to hum, and will until i decide to hang em up for good. Among the many reasons why criminal defense work is such a passion is that so many people not only believe it shouldn't be, but can seem almost offended by the notion that there are lawyers willing to defend "criminals."
If only i had a nickel for every conversation where someone said to me, "how can you defend this one?" or "how can you defend that one?" or, "how can you sleep at night when you take money to defend this one or that one?"
It will come as no surprise to you that the vast majority of the people with those questions have never been in any type of criminal trouble, nor have they ever had a child, relative or loved one in trouble with the law. Those who have sing a different tune.
Let me give you a recent example of the precise reason I love this work and why it's so important. Last year I got a call from the mother of a young man that lived and worked in Carroll County. She explained that on a recent evening her son and 2 friends were driving home from an evening out. As her son/my client was driving his vehicle on Route 140, heading toward Westminster, he suddenly noticed that he was being pulled over by a police officer that had pulled behind him with his lights on. The stated reason for the stop....speeding.
My client, barely 20 years of age, immediately pulled over for the officer. The officer, having smelled ma*****na in the car, ordered my client out of the vehicle, and had him perform a battery of field sobriety tests that are designed to assist an office to determine the level, if any, of impairment and the ability of an driver to safely operate his or her vehicle.
It should be noted that my client had a medical-use card and admitted to smoking a small amount of ma*****na approximately an hour prior to the stop.
Long story short, not only did my client perform admirably, despite adverse weather and terrain, on the tests, but throughout the lengthy process he engaged the officer in rational discussion and even went so far to help the officer move his (my client's) car at the officer's request, citing the fact that he did no know how to drive a stick.
so, what do you thing "officer good judgment" did in light of the obvious lack of impairment having been displayed by my client? you guessed it, he locked his terrified little ass right up and charged him with a dui.
Fast forward to the trial date. I met with the prosecutor, asked him if he had reviewed the body-worn camera footage and told him i would be glad to plead my client to the speeding ticket, but it wouldn't get any better than that. The prosecutor rejected my generous offer, thereby necessitating a trial. I had a ball cross-examining the officer, during which i questioned his discretion and asked whether his job was to be a police officer, or a revenue agent for the state? Asked how, in light of my client's exceptional performance during testing, he could've exposed him to a conviction that could never be wiped from his record and could haunt him in various ways for the rest of his life, he said it was clear to him that my client wasn't able to safely operate his car.
Fortunately, but as expected, the Judge didn't see it that way. At the end of the trial, my client was convicted of speeding, but acquitted of all of the other charges. Officer friendly, who it seemed had never had his judgment questioned in the past, put his tail between his legs and left the courtroom.
A postscript to the story is that 2 weeks later I got a call from a man that had been stopped and charged with a dui in the exact same location, despite only blowing a .04, or less than half of the legal limit of .08. I immediately guessed the name of the arresting officer, and sure enough, it was our hero from the earlier case.
I called the prosecutor, referenced the earlier case and told him that if he didn't dismiss the case against my client, he and his officer would soon receive the same ass-whipping he got before. I suggested to the prosecutor that the officer, while not a "rogue" cop because lots of them behave this way, was certainly more interested in making money for the state and getting cookies from his boss that he is in doing his job, and he needs to be put in check.
The state dropped the charges against my client.
The moral of the story, as you no doubt know, is that you or one of your kids could be the next victim of this cop, or one like him. Should that happen, god forbid, you will feel exactly as these other poor souls felt, like you had been treated unfairly. Suddenly, you will want and in fact, need someone to defend you, and your low opinion of criminal defense attorneys will suddenly change, because now the "this one," or the "that one," will suddenly and unexpectedly be you.
Now, these are 2 dui cases. They're not murders or rapes, and I get that, but if you think alleged victims, cops and prosecutors don't lie and cheat and falsely accuse in bigger cases, I'm sorry to say it, but you're just naive.
So, have guilty people been acquitted? sure they have, just like innocent people have been convicted. That said, its the latter that cannot be tolerated, and must be avoided at all costs, and that's why I do this work.
OK friends, I've blathered on enough. I just wanted to bring everyone up to speed regarding the changes and to let everyone know that we are still alive and (relatively) well out here!
It's a sunny Sunday and the O's are up 2-0 on the Rays in the top of the 4th, so I hope you're enjoying your day as much as I am!
Many thanks for your continued trust, confidence and patronage,
Brad
