"Creative Lawyering": A Former Marine / Rogue Off-Duty and Drunk Police Officer who had Fled and Eluded On-Duty Officers and who was caught Armed, with an Open Container, Hundreds of Pills and a .185 BAC was able to enter into a livable Plea Bargain because of his Facts and Circumstances
Meet 31 y/o Joseph Lawrence, former Henderson, NV police officer. Yes, that's him below:
After a police chase, in which Joe led cops the wrong way down certain streets and through various traffic control devices, he was stopped and arrested. In his car was found an open bottle of whisky, hundreds of Rx pills and a loaded firearm.
Joe was charged with 11 crimes, including DUI (his BAC was .185), felony eluding police, and possession of a controlled substance, and, in exchange for dismissal of 9 he has pleaded guilty to only 2 charges (the other 7 having been dropped).
His Court penalties include, among other things, house arrest a "no drink" order, wearing a secure alcohol monitoring device to ensure compliance, a year of court supervised alcohol treatment. Further, if Joe successfully completes all conditions then the felony will be reduced to a misdemeanor. This will, along with the DUI, remain on his permanent record, but at least it won't be a felony.
When it comes to crimes, normally I am harsher on arrested cops than I am on civilians (holding police to a higher standard because of their choice of occupation and subsequent acts), but this is what I consider an appropriate case of creative sentencing. Why? Because in each case it is important to consider the facts and circumstances which are unique to that case and to that Defendant.
In this case, Joe graduated high school early so as to be able to join the US Marines and serve his Country overseas, completing 2 tours of duty in Iraq. After being honorably discharged Joe was hired as a College of Southern Nevada Cop where he made his way up to the rank of Sergeant, while also earning 3 college degrees (2 AA's and 1 BA). He then transferred to the Henderson NVPD and is working on his 4th college degree. This unfortunate incident is the first of its kind, for Joe, and occurred on his time (off duty) in his personal vehicle.
Whether it is related to his Iraqi tours or not, Joe has a problem with booze and pills and, more importantly, Joe recognizes it (self-awareness) and is highly motivated to deal with it head on (amenability to treatment).
At this time, and probably forever based upon this incident, his career as a law enforcement officer is over, and given his circumstances that is probably for the best. But Joe, with his 3 college degrees and working on his 4th, is also intellectually capable of making his way in the world on some other path.
Props to the prosecution (and to the Court) for treating Joe as an individual and not as a statistic / case number.
Perhaps the hardest challenge that criminal defense lawyers face is to personalize the client to the government, the court and a jury. We, criminal defense lawyers, are limited by what our clients' bring to the table, and, sadly most clients do not have compelling stories such as Joe. However, when they do, justice is usually served.
“Imagination is more important than knowledge. For knowledge is limited to all we now know and understand, while imagination embraces the entire world, and all there ever will be to know and understand.” (~ A. Einstein)
"Creative defense lawyering demands the skilled use of imagination." (~ M. A. Haber, Esq.)
At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.
At Michael A. Haber, P.A. "Its all about reasonable doubt"!
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