Without a doubt, being a criminal defense lawyer is about serving people. We, as defense lawyers, are members of the service industry. We directly serve those people that we represent, and must always act in the person’s best interest. For some lawyers, money gets in the way of that sometimes—representing co-defendants, for example, while more financially profitable, ultimately serves to give each defendant poor (and downright unethical!) representation. No one’s best interests are being served in situations like this.
Serving the people—the People—means serving the community. Some prosecutors, at least from the mouth of one prosecutor, believe that their job is to imprison those people who commit even minor crimes such as misdemeanor drug offenses and DWI’s. I believe that my job is provide those people with the help they need to make sure a minor offense doesn’t cost them their job, family, or future, AND to get them help with any substance abuse problems they have. One prosecutor has told me that she doesn’t believe the county should have to pay for rehab for defendants. This is misguided and short-sighted. By not offering rehab programs to defendants who cannot independently afford to enter a drug treatment facility, the county ultimately pays far more.
Prosecutors, likewise, are servants of the People, and of the community. Prosecutors should endeavor to do what is ultimately in the best interest of the community. And a great many of the prosecutors I have met understand this, and are good, fair people.
Consider: Defendant A has a drug problem. He gets arrested for misdemeanor possession and for DWI. He is put on probation. He continues to use drugs and picks up new offense. Prosecutor says jail is the only offer. Defendant A goes to jail, stays sober while in jail, gets out, and begins using again. Defendant A picks up new charges. Prosecutor says Defendant A has to learn, so says longer jail time is the only offer. Defendant A goes to jail, stays sober while in jail, gets out, and begins using again. Defendant A picks up new charges. Again, and again; the same way, forever.
Or: Defendant A has a drug problem. He gets arrested for misdemeanor possession and for DWI. He is put on probation. He continues to use drugs and picks up new offense. Prosecutor says court ordered drug treatment is the only option. Defendant is sentenced by the court to participate in a residential drug treatment program for 90 days. Defendant is released after treatment. Maybe, Defendant A uses again and the cycle begins anew. But, maybe, just maybe, this expenditure of resources—sending Defendant A to treatment—has ended the cycle.
Which of these ultimately serves the public? You might say this amounts to a disagreement about which method is best to serve the community, but which method is best to serve Defendant A, his family, his friends, and gives him the greatest potential to help, and not injure, the community? In the long run, which actually serves the community?
My complaint is that, too often, prosecutors and defense lawyers care only about furthering their careers—getting the bump from misdemeanor to felony, or getting as many clients done as quickly as possible (so as to make more money). Too often, the community is forgotten or ignored. Perhaps tellingly, a great number of those you see every day at the Denton County courthouse do not live in the city of Denton. Fact is, many do not even live in Denton County. Maybe this matters, and maybe it doesn’t. I live in Denton, and have for a long time. My family lives in Denton County. Many of my friends do as well. I might move to another county someday, but I will likely always come to Denton to work, to visit my friends, and to see my family.
We work for the People. We serve the People and our community. That’s simple enough, but apparently easy to forget.