Sunday, January 11, 2009

Tomorrow Morning, There Will Be No Defense Lawyers In Court

Tomorrow morning, about 8:30, the bailiff will unlock the courtroom.

Enter the corrections officers, the cart-with-boxes weilding prosecutors, the other cart-with-files weilding clerk, and right before 9, the chain smoking, "damn I chipped a nail and almost got here late" court reporter.

As the judge prepares to take the bench, enter the 15 orange jumpsuits ready to hear the charges against them, and a gallery of out-of-custody defendants with a smattering of girlfriends, boyfriends, wives, husbands, and the parents of that one young defendant dressed in a suit, in town from college.

In the hallway, the detectives in ties, and midnight shift DUI officers in uniforms and boots conferencing with prosecutors and themselves, discussing whether the case will plea, and whether they will be getting their 4% cost of living adjustment.

But there will be no defense lawyers.

No private defense lawyers, no public defenders.

The police officers will have no one to ask whether "your client gonna plea?"

The prosecutors won't have to worry about some defense lawyer interrupting their inability to have a short conversation from the podium about the plea offer, or the amount of restitution.

The clerks won't have to worry about handing over a court file and having to say hello or smile, for a moment.

The corrections officers won't have to worry about being asked, anything.

The judges won't have to ask "why are you not ready?"

The defendants won't have to waste the normally requested "few minutes" of court time discussing a potential resolution.

No one will have to complain about having to spend time on a motion regarding whether the Fourth, Fifth, or Sixth Amendment to the United States Constitution has been violated.

There will be no delays due to the defendants wanting to "talk to my lawyer."

Judges won't have to ask whether the defendant is satisfied with his lawyer.

No one will have to wait a few minutes and handle another case because the defense lawyer is in another courtroom, or oh no, in traffic, looking for parking, sick but sending another lawyer to cover, or even worse, outside talking to his client.

There will be no long, drawn out trials with defense lawyers questioning witness, asking questions of jurors, or arguing that the evidence is insufficient based on case law.

Because tomorrow, there will be no defense lawyers in court, and nothing to worry about.


Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit

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