Saturday, October 11, 2014

Jury / Sidebar / Recess / Conflict of Interest / Lawyers being Friendly / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:  During a trial what goes on in the courtroom when the Jury is at Recess??  For instance, the defense attorney often requests to the judge for the jury to go to break, and usually the judge agrees and tells the jury that there has some work to be done in which you cannot hear. What type of information is that secretive? What goes on behind the scenes?? Also when attorneys ask to pursue the judge and they put the static noise on so we can't hear, what types of things do you guys talk about? I often see a fun conversation of laughing in front of all of us. Why would the Defense laugh with the prosecutor if they are competing against each other?? I have spoken to some attorneys who are great friends with the prosecutor, wouldn't this be very bad for a defendant who is choosing this attorney who is good friends with the prosecutor since the defense & prosecution are competing AGAINST each other. It seems much easier for a defendant to chose a defense attorney who isn't friends with the prosecutor so that they will fight harder to make the prosecutors tactics look dull. A defense attorney who is friends with the prosecutor seems like they would be sensitive to upsetting the prosecution and not fight as hard to win, for the sake of the defense attorneys friendship with the prosecution. Why? is what I'm explaining true. I was told by the prosecution, during jury selection, the prosecution looks up on Google random people from the jury to make better selection choices. They search these peoples information and background. So what ALL goes on behind the scenes when we aren't there??? 


A:   I was always taught that there is no such thing as a stupid question, but you have proven that lesson to be 1/2 wrong. 

As to the reasonable 1/2: What goes on outside of the jury's presence are questions / issues of law which the Court needs to address such that the case may proceed without error - or at least with a complete record as to the "why" of the Judge's rulings. Sometimes these sidebars are contentious and other times they are jovial; but either way they are a legal necessity (although some Judges "require" more than I personally feel are necessary).

As to the other 1/2 of your question (the inane part): Lawyers are professionals. I can do battle against a prosecutor (in say a DUI case all day) and then pal around (have dinner and a drink) afterward and it has no bearing whatsoever on my dedication to my client and serving his interests. In fact, in my 21+ years of criminal defense litigation I have been fortunate enough to have forged exceptional relationships with a good number of prosecutors and I would venture to say that if those relationships had any impact on a given client's case then the result was positive for the client. Being on opposite sides of a court battle does not require hostility, whether in the courtroom or outside.

I understand your not understanding what lawyers do "in secret", but if you ask me - all things equal - whether I'd be more comfortable as a client with a defense attorney who has a positive relationship with opposing counsel or one with a negative relationship, I'll take positive each and every time.

I apologize for being critical but the second half of your question is polarizing. There is no conspiracy and things are not black and white my friend.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)





For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

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.

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