"I was in municipal court this morning and was approached for help by another attorney (a "former prosecutor-- FP") who used to be in the DA's office. The FP had previously signed a waiver of jury trial and requested a bench trial date for his client. The FP showed up to court this morning with nothing - no file, no brief case, no law books, nothing - he borrowed a pen from me. The FP said he thought the client would take the plea. Notice, he didn't even ask his client. He didn't even attempt to fight for his client.

But, it turns out the client did not want to enter a guilty plea to DUI and was not happy with the prospect of a bench trial in front of a judge who was sure to convict him. The municipal court prosecutor would not consent to FP's request for bind-over (so they could have a jury trial after all). That was when the FP pulled me out of the courtroom for help. The FP was a little freaked out. I asked him about the 10-day letter & administrative license hearing and he stuttered - yes, stuttered. He knew nothing about them.

I gave the FP some great case cites to help his client. I told the FP that he would have to "fall on his sword" and tell the client what he, the FP, had done. Then the client could tell the judge that he was not waiving jury. The FP did not want to admit that he was wrong, but I convinced him it was the only way to treat his client and get out of the mess of his own making.  After much hemming and hawing, the FP told the municipal court prosecutor that he was going to approach the judge.  The prosecutor asked the FP to bring his client up to the judge, too. Of course, the FP said that he wanted to leave his client out of it. That apparently didn't work because after a conference at the bench, the judge called the client up and had the FP put him under oath. The client told the judge he knew nothing about any waiver and wanted a jury trial. The judge bound the case over.

Those pesky paying clients who won't plead guilty."

There's a lot more to being a criminal defense attorney than just advertising. Experience counts. And not just the "former procecutor" kind.