A Criminal Case Is About More Than What Happened on One Bad Day
When I first get a criminal case, much of what I receive is about one particular event. The police report tells me what allegedly happened. Witness statements tell me what people say they saw. Videos may show part or all of the incident. Eventually, I need to understand all of that evidence because I can’t defend a case without understanding what happened.
But there is another question that can become just as important: Who is the person I’m representing?
Those aren’t always the same inquiry. A police report may tell me what someone did on the worst day of his life. It usually doesn’t tell me much about the other thousands of days that came before it or what he’s done since.
Sometimes learning more about the person reinforces our defense. There are cases where I get to know a client, learn about his history and circumstances, and something about the allegation simply doesn’t fit. That doesn’t prove innocence, but it may give us another reason to investigate whether the State has the right person or whether what allegedly happened makes sense in the context of everything else we know.
Other times, there isn’t much question about what happened. My client did something wrong, and the conversation becomes less about whether there should be consequences and more about what those consequences should be. That’s where knowing the person behind the charge can become incredibly important.
We often call that mitigation. It can include someone’s lack of a criminal history, employment, family responsibilities, character, treatment, counseling, sobriety, community involvement or any number of other things that help explain who that person is and, sometimes, how he ended up in the situation in the first place. I don’t look at mitigation as an excuse for someone’s conduct. People do bad things, and sometimes punishment is appropriate. But there is a difference between holding someone accountable and deciding that one bad act should define the rest of his life.
I’ve had a case involving a very serious violent offense with a gun where addiction, particularly alcoholism, was a significant part of how the client ended up in that situation. At one point, the State’s offer called for a legnthy prison sentence. By the time we were trying to resolve the case, though, my client had completely changed his life. He had gotten sober, stayed sober and had begun mentoring and helping other people struggling with some of the same issues. Ultimately, the case was resolved with unsupervised probation rather than a prison sentence.
That result didn’t mean what happened wasn’t serious. It was. It also didn’t mean that getting sober somehow erased what had happened. It meant we were able to show the prosecutor more than what was contained in the original case file. The person standing there at the end of the case wasn’t simply the conduct described in the police report. What he had done with his life afterward mattered, and it changed the way the case was ultimately resolved.
That’s also why I’m careful about telling clients to run out and start checking boxes simply because they have a pending criminal case. Whether counseling, treatment or some other proactive step will affect a particular case depends on the circumstances and sometimes on the prosecutor involved. But if someone has a drinking problem, I want him to get help because he has a drinking problem. If someone needs counseling, I want him to get counseling because it can improve his life. Do it because you need it, not because you think completing a program will magically make a criminal charge disappear.
If it ultimately helps us show a prosecutor or judge that the person has recognized a problem and genuinely changed something in his life, that’s important. But the change itself should be real.
I think this becomes particularly important when we’re talking about felony convictions. Prosecutors handle tremendous caseloads, and I understand that an offer that avoids jail or prison may look like a very good outcome when you’re evaluating hundreds of cases. Sometimes it is. But I also think it’s important to remember that not going to jail doesn’t mean walking away without serious consequences.
A felony conviction can follow someone long after the criminal case is over. It can affect employment opportunities, professional licensing, firearm rights, voting rights and other parts of a person’s life, depending on the particular conviction and circumstances. Those consequences matter when we’re talking about what an appropriate resolution actually looks like.
That’s one of the areas where I think a defense lawyer has an important role beyond simply arguing about the evidence. A prosecutor may initially know my client primarily through a police report and a case file. I know more because I’ve spent time with him. I’ve learned about his family, his work, his history and what has happened in his life since the incident. If there is information that should change the way the case is viewed, part of my job is making sure the prosecutor sees it.
That doesn’t mean every person deserves to have a felony reduced. It doesn’t mean a difficult childhood, an addiction or a good job excuses criminal conduct. And it certainly doesn’t mean that every prosecutor is going to agree with our view of the case. It means the consequences should be considered in light of the whole person and the particular circumstances rather than treating every defendant with the same charge as though they are interchangeable.
The criminal justice system has to deal with what people do on bad days. That’s unavoidable. But one of the reasons I enjoy what I do is that I get the opportunity to show that a person’s worst decision isn’t necessarily the best description of who that person is.
Sometimes my job is to show that my client didn’t commit the crime he’s accused of committing. Sometimes it’s to attack evidence that doesn’t prove what the State says it proves. And sometimes my client did something wrong, and my job is to help everyone involved understand why it happened, who he is today and why the best outcome may still allow him to move forward with his life.
Accountability matters. So does what happens to a person after the punishment is over.
Brett H. Knight is a partner at Jaffe, Hanle, Whisonant & Knight, P.C. His practice includes criminal defense in Alabama state and federal courts.
This article is provided for general informational purposes only and is not legal advice. Every criminal case is different, and past results do not guarantee a particular outcome.
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
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