When Mr. Kilpatrick, the ex-mayor of Detroit, was sentenced to five years in prison for violating his probation for an original charge of obstructing justice it is reported that there was a collective “gasp” in the courtroom. The court spectators were certainly surprised at the severity of the sentence, but was his criminal defense lawyer, probably not. Why did Mr. Kilpatrick receive such a harsh sentence for a violation of probation on an original sentence of ninety-nine days in jail? It appears that the foremost reason is that he alienated and aggravated the judge and chose to speak for himself instead of letting his criminal defense lawyer defend him against probation violation charges. A criminal attorney always has your best interest in mind as well the expertise to navigate the courtroom and fight for the best outcome in your case. However, there is very little that even the finest criminal defense lawyer can do if the client is unwilling to cooperate with their lawyer and the court. Five years is a long time in prison and it sure is likely that Mr. Kilpatrick is wishing he had followed the guidance of his criminal lawyer and been a little more repentant and a little less brash.
Instead of allowing his criminal defense attorney to do his job and show the court that Kilpatrick had stayed within the terms of his probation, which included paying monthly restitution to the city of Detroit, Mr. Kilpatrick took the stand in his own defense and asked the judge to show him compassion. Mr. Kilpatrick was paying $3,000 in restitution per month and had repaid a good portion of the total million dollar restitution he owed to the city for the original charge of obstruction of justice. Mr. Kilpatrick had previously complained about the monthly fines and had argued that he could not pay more than $6 a month. Unfortunately it was found that Mr. Kilpatrick had not reported all of his assets and had obtained a very well paying job that allowed his family to move into a nice new home. A skilled criminal defense attorney could have mitigated the allegations of the probation violation and argued that Kilpatrick was already paying a hefty monthly sum and should not be forced to give up all assets; after all he does have a family to support. However, Kilpatrick’s personal twenty minute oratory only managed to convince the judge that he was a liar and had not learned his lesson from his previous sentence. The judge took Kilpatrick’s plea for compassion as a sign of Kilpatrick’s contempt for his courtroom and the justice system. The judge consequently decided to give Kilpatrick a sentence that will really teach him a lesson. It looks like for every minute that Kilpatrick tried to argue on his own behalf, the judge added another few months to his sentence. Hopefully after this debacle, Kilpatrick has learned next time to let his criminal defense attorney do his job, and not to make remarks that will hurt his case.
Don’t let egoism stand in your way if charged with any crime from obstruction of justice to embezzlement. If you think that you can best represent yourself in court, you can’t. That is the job of a criminal lawyer who has years of expertise and experience defeating allegations and negotiating with the judge and prosecutor. If you think that the charges aren’t serious, think again. Mr. Kilpatrick might have thought that his charges weren’t that serious and now he is facing a possible five years in prison. Lastly, don’t irritate the judge. A judge is likely to be more lenient and understanding if your criminal attorney shows them that you have learned from your mistake, are on your way to rehabilitation, and are willing to atone for your crime.
http://www.msnbc.msn.com/id/37335304/ns/us_news-crime_and_courts/
