I agree with my esteemed colleague David Oscar Markus who said that this is a wonderful piece by one of our finest judges. I also agree with Judge de la Os assessment, and sympathize with his (and all Judges) daily dilemma (in point of fact that is one of the reasons why I have never sought to be on the Bench). But I repost not just to give the Judge props, but also to highlight the critical role that the criminal defense attorney plays in our system of justice. We must not only take the State to task- holding it to its burden of proof and its agents to the requirements of law - but we must always strive to enlighten and to educate the Court as to the nature of the individual - the person - over whom It has the power of liberty vs incarceration. We must overcome the States presentation of the Defendant as a number, a statistic, and expose the person, the family for who they may be. It is our duty to make sure that the Court never loses track of the humanity in the case, and to present facts and circumstances which may mitigate against aberrant behavior or which may otherwise present reasonable alternatives to the court. We, criminal defense lawyers, are advisors, advocates, negotiators, evaluators, officers of the court and most importantly zealous representatives - defenders, promoters, proponents, supporters - of our clients interests. Not all Judges either get or appreciate this, but to those who do, like Judge de la O, thanks for listening, considering and ultimately taking what actions that you believe to be right. Michael A. Haber, P.A.: Creative, effective and zealous criminal defense advocacy since 1991. At Michael A. Haber, P.A. Its all about reasonable doubt. Michael A. Haber, Esq. is prepared to speak with you about your case! 1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
Posted on: Sat, 26 Jul 2014 16:29:06 +0000
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