New lawyer recently appointed private counsel for a PD revocation case and learned that my client admitted to every single alleged violation (with lots of evidence against him regardless). What do I do if it seems like there’s no defense?

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Confession can even be used as mitigation as an acceptance of responsibility!

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Yes! This was a winner for me sometimes.

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If client wants to go to trial, then make sure you know the rules of evidence and procedure better than the DA. Make a chart of the evidence the DA needs to convict, how they likely plan to get it in (ex: through the arresting officer) and possible objections you can make. Just because the evidence exists doesn’t mean the DA will prep properly and get the necessary evidence in at trial. If a jury, emphasize keeping an open mind and the major burden the government faces during your opening and then hammer reasonable doubt in your closing. Anything the police didn’t do? Check for DNA, fingerprints, etc? Why not? People are more likely to accept a cop is lazy than to accept a cop is lying. Maybe if the police did a better job (due diligence) then the real perpetrator would have been arrested!!!

If the client wants to plead, put together a mitigation letter for the DA, complete with letters of support from family, employer, anyone you can get. Any mental health or substance abuse issues? Any treatment (MH or drugs) the client did that you can attach proof of? If the DA is being unreasonable but the judge is okay, consider an open plea. The mitigation you put together can be helpful for the sentencing hearing too.

Good luck!

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I was a PD for over 8 years and am a private solo now. If you want more advice on case specifics feel free to message me!

Mitigation. There was a criminal defense attorney in my area who used to ask me for a lower plea agreement sometimes because “my client has found Jesus.” That was not persuasive to me, but sometimes that’s the best mitigation you’ve got.

As an aside, the attorney also had a tell for when he knew he was making an unreasonable request. So, that made it easier for me to say “no” with confidence. Tip: watch what your hands say when you are speaking.

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Make sure you are clear with client that things are not likely to end well for them and get the mitigation ready even if you go to hearing.

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And document the file about what you go over with the client: offer, sentencing guidelines, discovery, motions, right to jury or bench, etc. If the client files an ineffective assistance appeal against you (don’t take it personally, if you practice criminal law long enough it will happen at least once), then those notes will be great for showing you did a good job.

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Hi Fishes

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What’s the average billing of a client?

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