Have You Had That Phonecall?
April 6, 2011 § 3 Comments
This morning, while consuming copious amounts of caffeine, I remembered an incident explained to me by one of my junior defense counsel. He had a client who was having a lot of problems overall in her life. The disposition of her criminal proceedings was relatively low (but stressful), and he secured a decent result. A couple of weeks after her case was adjudicated, he received a phonecall. Afterward, he rushed to my office to recount what happened and ask for advice. He explained the conversation line-by-line.
Defense Counsel: Hello.
Client: Yes, Captain ____, this is ______. I need your help.
DC: Sure, what’s up.
C: (voice becoming panicked) I’m in my car, and the police just stopped me, and I don’t know what to do.
DC: OK, well, just stay calm and listen to what they say and…
Background Voice: Ma’am, you need to put down the phone and step out of the car.
C: I have my lawyer on the phone! You can wait! Captain ____, I there are more police cars, and there are like 8 cops around my car…
BV: Ma’am, put down the phone and step out of the car, or else I’ll have to…
C: (Yelling) You can’t tell me to…..I have rights……I have my lawyer right…….
DC: (Trying to calm her) Look, just calm down, nothing is going to…
C: GET YOUR FUCKING HANDS OFF ME!
Now Multiple Background Voices: (Yelling) Ma’am, you need to put the phone down. Get out! Get the fuck out!
C: I’VE GOT MY LAWYER RIGHT……..(Click)
There wasn’t much we could do. We didn’t even know if she was apprehended in a jurisdiction where we could practice. Heck, we didn’t even know what jurisdiction, period. We were in Missouri, and she was stationed near Pensacola, Florida. He tried to call her phone for a few weeks. It always went to voicemail.
We never heard back from her. It makes you wonder…