It defies the laws of science, nature, and physics. Round pegs just don't
fit into square holes. But then again,
criminal defense attorneys - be they in Phoenix, Arizona or elsewhere - were never really into science.
If they were, they likely would have been doctors.
So why then does a criminal defense lawyer create a statement of facts
in a case that fits a situation no more than a round peg fits in a square
hole? The reality is that fictions that are legal truths are created every
day in Phoenix courtrooms to ensure that those facing serious felony charges
can get the benefit of incredible outcomes.
I recall a recent result I had in which a woman was
charged with arson. The prosecution's case nearly crumbled when I was able to poke major
holes in the (supposed) voluntariness of her confession. Still, it was
very risky to take the case to trial with a 7-year mandatory prison sentence
hanging in the balance.
I cajoled the prosecutor into a plea offer of one count of disorderly conduct
- essentially disturbing the peace - a misdemeanor with no jail time required.
How does one go from arson to disturbing the peace? It's really quite
simple - because of her actions, there were fire engines which raced to
the scene, sirens blaring all the way. I'm sure someone was bothered
by the noise.
Then there was the gentleman who found himself in the unfortunate situation
of being linked to a conspiracy to distribute marijuana - $500,000.00
of it. As one would imagine, this quantity of botanical bliss would normally
result in a hefty prison sentence. But through hard work, effort, and
perseverance, my client was offered a plea to simple possession, a misdemeanor
which only required a small amount of community service.
But that wasn't the end of it. Because of occupational licensing issues,
my client could not be in a situation where he admitted possessing marijuana
in any amount. Thus, the statement of facts that we created, and which
the judge cheerfully accepted, was that my client somehow assisted some
other person, whose identity was unknown to the grand jury (and we weren't
telling), so that person could possess a small amount of marijuana.
There you have it. Insert round peg into the square hole, be a little creative
and an outside the box thinker and say goodbye to charges of conspiracy
to distribute, possession of marijuana for sale, and control of an illegal
enterprise. What looked to be very tight squeeze worked out quite nicely for all.
Jason Lamm - Part Time Carpenter, Full Time Phoenix Criminal Defense Attorney
After more than 20 years of practicing law, Jason Lamm has consistently
proven himself as one of Phoenix's most innovative and accomplished
criminal defense lawyers. He creates novel ways to attack the prosecution's
case in serious and complex felony cases involving
white collar crimes,
drug trafficking offenses, and violent crimes such as
murder, and manslaughter.
If you or someone close to you needs an experienced criminal defense attorney
in Phoenix who is willing to think outside the box, put round pegs in
square holes, and go the extra mile for his clients,
contact Jason Lamm at (602) 663-9100 to
schedule a confidential consultation.