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Old 12-24-2004, 01:19 PM   #6
Mike P
Jiggin' Leper Lawyer
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Join Date: Oct 2000
Location: 61° 30′ 0″ N, 23° 46′ 0″ E
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Quote:
Originally posted by BigFish
So if I am a defense attorney what do I do right now? I go do a background check on all the jurors in all the cases I lost to see if any of them had a criminal record prior to them serving on the jury....if anything turns up like this, I file a motion of appeal or whatever they do and get my client a new trial!
So who's gonna pay the defense attorney to do all of this---the guy doing 20-40 or life without parole?

It's true that defense attorneys have big egos and hate losing. It's also even more true that they don't do much of anything on a criminal case without cash up front, 'cause guys in jail are notoriously bad at paying their debts. Plus, in order to win a new trial, you'd have to convince a judge that the jurors with a criminal record were somehow more sympathetic to the cops and prosecution. Not the easiest thing to do.

"The presumption of innocence commences with the payment of the retainer"
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