WV Criminal Lawyer

Police Misconduct, Civil Rights Law

God, it feels good.

I haven’t posted in a good while.  The reason was that I had been preparing for a particularly contentious criminal jury trial.

I am happy to announce that this afternoon, after three days of trial, we finished closing arguments on the case, and the jury came back with two unanimous verdicts of not guilty.  It was probably the most emotionally difficult case I have ever struggled with.

The best part about it was, during my closing argument, I asked the jury, when they went into the jury room to begin deliberations, to pick a foreperson, sit down, and take a vote on whether there was any reasonable doubt.  If all hands were up, I asked them to come right back out and deliver a verdict of not guilty.

Apparently that is what they did.  They may have deliberated 10-15 minutes.  God, what a feeling.  It felt so good.  I don’t think I have ever wanted to win so bad.  And I don’t think I have ever put so much time, effort, and passion into anything.

My client was charged with first degree arson and conspiracy, both felonies, with a sentence of 3 to 25 years.  He had always maintained that he was innocent, and damn it felt so good to deliver him back to his family a free man.  He is a good guy, and his family had suffered through such a nightmare with the prosecution and accusations.  There’s nothing like standing before 12 jurors with somebody’s life and destiny in your hands.  It’s the worst time and it’s the best time.  Fighting [in the courtroom] for money is one thing.  But fighting for someone’s liberty – someone’s child, someone’s father – with their life in your hands….. there’s nothing like it.  God, it feels good.

- John H. Bryan

December 17, 2009 Posted by | Arson, Conspiracy, John H. Bryan, Trials | 6 Comments

When the judge starts prosecuting you, you know you have a problem….

There is a story in the Charleston Daily Mail today titled, “Judge refuses to accept guilty plea from ex-firefighter.”  Apparently the defendant was charged with second degree arson for the destruction of a boat dock.  According to the assistant prosecutor, it may have been an accident – albeit a reckless one.  But recklessness or negligence, doesn’t qualify as “willful or malicious” if there was no intent to set a fire or burn an object – thus giving the prosecutor good reason to plead the case to a destruction of property – a misdemeanor.

But apparently the judge wasn’t having it, and refused to accept the plea.  Something that I have noticed in arson cases: the judges’ take them very seriously. When buildings or objects are getting burned in their districts, people pay attention and so do the judges.  The judge doesn’t want to be the one who let the defendant out on probation only to have something else burn down.

And being that there is no misdemeanor arson charge, the only lesser-included available is destruction of property – which carries a maximum of one year in jail. Oftentimes, an arson defendant already will have served a considerable amount of time in jail because the bond was most likely set extremely high – or else they have been on home incarceration.  The result is that the person will not do much time – and hence, the judge doesn’t want to accept the plea.

But can the judge do that?  Yes, if he finds there is no factual basis for the plea.  But, is there anything stopping the prosecutor from dismissing the charge and recharging destruction of property?  Probably not – unless the judge is going to try the case, which of course he can’t do.  In any event, the case would have to be dismissed eventually due to lack of speedy trial.

 - John H. Bryan, West Virginia Attorney.

March 6, 2009 Posted by | Arson, Judges, Plea Agreements | Leave a comment

   

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