Legal Commentary

A Long and Winding Road

By Jeralyn

When the federal government brings its awesome powers to bear down upon you, it wreaks havoc with your life and can jeopardize not only your freedom but your faith in justice.

My faith in justice was renewed today when a judge ruled in favor of my client who had been subjected to a traffic stop and vehicle search on the interstate -- and suppressed the 12,000 ecstasy pills found in the car, because as important as it is to stop the flow of the drugs, it's just as important to uphold the Constitution.

I couldn't have won the case alone. These days, it takes a village to win. [More...]

I had a private investigator, a computer expert who prepared maps and other graphics, a transcriber for the audio recording of the 30 minute encounter and an expert weatherologist. We used everything from Lexis Nexis to PACER to free government sites and Google Earth maps.

Listening to the court's ruling, which the judge delivered from the bench, it was apparent that the exhibits, particularly the maps of long and winding roads, the weatherologist's findings and the timetable as established by the transcription, all played a big factor. As did the extremely prepared and effective counsel for the co-defendant. By collaborating in advance and sharing our information and resources, we complemented each others presentations and arguments, rather than being redundant or at cross-purposes.

A second reason my faith in the system is renewed: Both clients were indigent. Since the public defenders' office had a conflict, the government funded the defense, including legal fees for private counsel, expert services and expenses.

As often as I complain about the effect of our many draconian laws, I also always say, for all its flaws, we have the best criminal justice system in the world. It was great to witness it in action today.

Full post as published by TalkLeft on May 05, 2009 (boomark / email).