Upon the introduction of every criminal case my office files a request for Discovery for all the information that the State plans on using against my client. This particular case was no different so when I received a Spanish video tape of my client being advised of the rules and procedures involved in a DUI, I simply made a request for a translation of the Spanish content.
The state took issue with my request as they always do (I think they are trained to be a thorn in my ass) but the Smart Judge that he is sided, with yours truly. Of course he was right to do so.
Upon receiving the translated materials my associate and I relaized that there were some problems with the translation in that it purported to say things like, “Ok then not going to fuck,” and, “I will not exercise and you do not blow now.” Yes :) That is what I thought to myself.
After reading their translation I filed a Motion to Supress the evidence of my clients refusal because he was not properly read the implied consent law. Upon filing said motion the State Attorneys office filed a Motion to Strike mine, which was baseless in merit. In my opinion, the motion was filed in bad faith. However, as I entered the courtroom today a new prosecutor was on the case and she asked if i was ready, since they had filed this motion to strike my motion. I looked at her with disgust not because I dislike her or any prosecutor but because they are trained so poorly that they are ignorant to the law and the art of argument. I simply said are you sure there is a good faith basis to go forward, and she replied, “yes.”
She began to address the Court as I watched the imaginary noose ravel around her neck and as the Judge reprimanded her I watched her body being gently pulled up as she grasped both for air and to find a rationale response to the Judges questions. She exclaimed that the translation the State had supplied me with was nonsensical! The Court shared my belief that their motion was without merit and denied their request.
The learned Judge spoke with eloquence as he told her that someone was possibly misinforming her with regards to her beliefs on the case and gave her an order to properly investigate the issues before coming back to his Court on the same case.
I simply smiled and when the judge asked if I was okay. I said, “I will vent later on my blog.”
My vent: How does the government have such uneducated police officers who lie, cheat, and steal from the same people it claims to protect. Yes. I said steal, because when they arrest pople without probable cause or because they have jumped to a conclusion without proper investigation then they are being paid overtime for their services. That overtime, in my opinion, is based in fraud. Couple that with the State Attorneys office who often fails to investigate the decisions of those same officers and often fails to be basic tests in logic, compassion, and financial affairs. The result is pain, anguish, and disruption of everyday life. Even though I am paid to fight, I often imagine bloody scenarios involving the government’s minions. Those visions find me smacking their nose like I would a dog who just peed in the corner, except that I would use a rolled up Constitution and some statutes to properly inform them of what their lack of knowledge is doing to the sytem. In reality, these stupid fraks will only continue to do the same thing and cause me to go to court on this same case 2 or 3 more times.
Translation – isn’t the system grand?