Criminal Defense Attorneys Need to Know Their Judges and Their Prosecutors.

It was a fascinating day. I had a really difficult sentencing with a client a a criminal sexual conduct case, a rape. These are always difficult and the potential ramification can be brutal. Thankfully, I also know how important it is to know my prosecutor and to know my Judge. This helps me gauge what they will do and how they will react. They both have enormous power and if you don’t have experience with them, they can surprise you in very bad ways. That is never a good idea. In this case, I had been able to lock most everything down including the downward dispositional departure, a lesser sentence, and some of the other issues. That was good. It was a good day after months of effort.

One of the challenges is making sure that my client is prepared mentally for what is coming and this can be a challenging process. Sometimes, it is the prosecutor that beats them up at sentencing. Sometimes it is the Judge. However, we have to be prepared for what that might mean and react in the way that benefits us most. After twenty plus years in courtrooms, you learn these things.

My client had some unique challenges with language and culture and so I was particularly sensitive to that. The presentence investigation will sometimes miss this so it is something I think about. In this case, the Judge was equally sensitive and brought up my concerns themselves which impressed me very much. I wasn’t surprised but still . . . Again, it is important to know your Judge.

In this case, the Judge did something else. After I talked about my client and emphasized who he was, his family and his culture and why that mattered, the Judge seemed to get it. However, and after we were successful during the sentencing, the Judge did something else. Off the record, the Judge spoke to my client and their family in their native language. It was brief and encouraging but it was obvious how important it was. In fact, it was magnificent. It brought the court system to them, in their original language and made it . . .matter. This also brought a connection between this Judge and these, people, this community, their community, our community. This is what good Judges do.

Knowing your court, your prosecutor, your Judge matters in criminal cases in Minnesota. This experience only highlights that point for me. Something I will not soon forget.