The year was 2012. I had been a lawyer for about 6 years in the civil sector with nary a jury trial to my name. You see, what they don’t tell you in law school, that jury trials in the civil sector are expensive, which means working for a small boutique law firm in rural Northern California gives you zero opportunites to have a trial go out.
After Maizy was born I set out on my own, opened my own practice and worked next to my family and their shirt shop they had owned my entire life…but that it a story for another day. Let’s just say that it got to a point where I had to decide whether to hire a legal secretary and work full time or pursue my dream of working in criminal prosecution. Criminal prosecution won that battle and my first jury trial came about 8 months later.
As a new prosecutor I was assigned to work in the misdemeanor division. This is a fast paced part of the DA’s office. So many cases come through any misdemeanor prosecutor’s door on any given day and this is where you are expected to cut your teeth on jury trials. On this particular ocassion the Court had become disillussioned with the number of cases pending trials and set multiple defendants with multiple cases for the same jury trial dates. Something was bound to get out.
I spent the weekend (the cases were confirmed Friday morning for a Monday jury trial) prepping ALL of my cases. And there was a stack of them. 3 defendants in total. 2 each had 1 case a piece and the final defendant had 3 cases. At the very bottom of the stack was a relatively simple case of driving on a suspended license. It was the very last in terms of priority and unlikely to confirm, or so we thought.
Monday morning came around and I watched as the cases were called widdling down to the very last one. One defendant failed to show up. One pled. One case had a necessary witness that was unavailable. And so we had it. My first jury trial was going to be Driving Under a Suspended License.
It was relatively straight forward. The case boiled down to an officer observing the defendant driving. Based on prior contacts the officer knew the defendant’s license was suspended. The defendant was contacted in the parking lot where he had parked and admitted his conduct. Proof of the suspension came from certified DMV documents that showed proof of notification of the suspension was received. To add to the mix, defendant opted to testify on his own behalf in the trial and TOLD THE JURY HE HAD BEEN DRIVING. A guilty verdict was received.
When the defendant tells you he did something, you beleive it.
One of the most poignant traditions we have at the DA’s office is a tie-cutting ceremony which occurs the first time you receive a guilty verdict on a trial. My scarf (no ties were worn by me) was off of the burgandy blouse I had worn in trial. It hangs in a case with my DDA counterparts as evidence of a job well done.