Before my first trial I felt like I was going to throw up. My palms sweated. My thoughts raced. I’d argued more times than I could count in front of judges, including in appellate courts. But not in front of a jury.
To calm me down, my trial partner reminded me that it was low stakes. Our client had already served 18 months in prison while awaiting trial. That was the longest he’d need to serve if the jury found him guilty.
In other words, either way he was being released this week.
When I first learned that, I was shocked. How could that be fair? A Not Guilty meant no criminal record, so it mattered. Especially if he got arrested for something in the future. But the government couldn’t give him the 18 months back. Everything he might have done during that time was just a loss.
Why Stay In Prison?
The client stayed in prison while we prepared for trial because his mother had enough money to either pay for his lawyers or his bail. But not both. He might have qualified for a public defender. But PDs in Cook County, Illinois, often have huge caseloads. A defense lawyer who is paid typically has more time to devote to the case and that can make a big difference.
And while it was my first trial, the lead lawyer on the case had tried hundreds if not thousands of cases during his decades first as a prosecutor and then as a defense lawyer. He was the guy other lawyers sent their toughest cases to.
The choice is one a lot of criminal defendants face. They haven’t been convicted of anything. But they’re in jail. Even if they’re innocent, they might plea bargain (meaning agree to plead guilty for a shorter sentence) just to be able to go home. Otherwise, many will lose their jobs. Their kids might have no one to take care of them. And then there’s the physical and mental toll of being incarcerated.
First Trial, No Real Answers
That first trial resulted in a Not Guilty.
But I still don’t have an answer to this dilemma. While the defendant has a right to a speedy trial, it takes time to prepare a strong defense. Rushing forward is rarely good for the client. And while it’s unfair that someone who might be innocent remains in jail, it can be dangerous to let people arrested for violent crimes go free during that time.
This balance and the pressure on someone charged with a crime inspired part of my novel The Troubled Man. I don’t write legal thrillers–I get enough law in the rest of my life. But the main character in my Q.C. Davis mystery series is both a lawyer and a private investigator. Using some legal drama as a backdrop for the crimes she solves gives me the chance to paint a somewhat realistic picture of how the law works.
What’s The Story?
In The Troubled Man, a desperate teenage girl begs Quille to help free her father, now in jail for the murder of her mother. While the plot revolves around Quille’s quest to uncover the true killer (even if that turns out to be the father), the ins and outs of the justice system are woven in throughout. If you read it, I hope you’ll enjoy the crime solving and the chance to follow along with Quille. But I’d love to hear your thoughts about how to portrays the criminal justice system, too.
