It defies the laws of science, nature, and physics. Round pegs just don't fit into square holes. But then again, criminal defense attorneys - be they in Phoenix, Arizona or elsewhere - were never really into science. If they were, they likely would have been doctors.
So why then does a criminal defense lawyer create a statement of facts in a case that fits a situation no more than a round peg fits in a square hole? The reality is that fictions that are legal truths are created every day in Phoenix courtrooms to ensure that those facing serious felony charges can get the benefit of incredible outcomes.
I recall a recent result I had in which a woman was charged with arson. The prosecution's case nearly crumbled when I was able to poke major holes in the (supposed) voluntariness of her confession. Still, it was very risky to take the case to trial with a 7-year mandatory prison sentence hanging in the balance.
I cajoled the prosecutor into a plea offer of one count of disorderly conduct - essentially disturbing the peace - a misdemeanor with no jail time required. How does one go from arson to disturbing the peace? It's really quite simple - because of her actions, there were fire engines which raced to the scene, sirens blaring all the way. I'm sure someone was bothered by the noise.
Then there was the gentleman who found himself in the unfortunate situation of being linked to a conspiracy to distribute marijuana - $500,000.00 of it. As one would imagine, this quantity of botanical bliss would normally result in a hefty prison sentence. But through hard work, effort, and perseverance, my client was offered a plea to simple possession, a misdemeanor which only required a small amount of community service.
But that wasn't the end of it. Because of occupational licensing issues, my client could not be in a situation where he admitted possessing marijuana in any amount. Thus, the statement of facts that we created, and which the judge cheerfully accepted, was that my client somehow assisted some other person, whose identity was unknown to the grand jury (and we weren't telling), so that person could possess a small amount of marijuana.
There you have it. Insert round peg into the square hole, be a little creative and an outside the box thinker and say goodbye to charges of conspiracy to distribute, possession of marijuana for sale, and control of an illegal enterprise. What looked to be very tight squeeze worked out quite nicely for all.
Jason Lamm - Part Time Carpenter, Full Time Phoenix Criminal Defense Attorney
After more than 25 years of practicing law, Jason Lamm has consistently proven himself as one of Phoenix's most innovative and accomplished criminal defense lawyers. He creates novel ways to attack the prosecution's case in serious and complex felony cases involving white collar crimes, drug trafficking offenses, and violent crimes such as aggravated assault, murder, and manslaughter.
If you or someone close to you needs an experienced criminal defense attorney in Phoenix who is willing to think outside the box, put round pegs in square holes, and go the extra mile for his clients, contact Jason Lamm at (602) 663-9100 to schedule a confidential consultation.