24 September 2012
Don't ever say that luck isn't a part of it, because it is. I had a sentencing scheduled for this morning. The defendant had pled to two felonies and had warrants out for him from two different states, several of which were for probation violations. In our entire district there is but one judge that just might consider probation. I had informed my client that the chances were slim to none that he would get probation and would be sentenced to five years in prison. Arriving at the courthouse, the regularly scheduled judge was gone and the only judge in our district who might even consider probation for the defendant was our sitting judge. And don't you just know it, the defendant received a suspended sentence. You tell your client in such cases just how miraculous it is they dodged the bullet. You really can't take credit for it. It just happens. Sometimes you just get lucky--nothing more can be said about it. The attorney doesn't have to tell the defendant that his legal skills had little to do with it; that it was just luck. The defendant will not be listening nor understanding and knowing only that he is not going to prison today and will think you are a really good attorney and hopefully tell all his friends just that. So there you have it for today's day in court.