Tuesday, October 26, 2010

Sometimes it just isn't enough

I had a client who was accused of assaulting a neighbor down in Galveston County. It was a simple assault by contact - no more serious than a traffic offense - but to my client it was the worst thing that had ever happened.

I explained to her that it would take a few months for the case to be set for trial. She was very upset about having to wait. I told her, like I tell most of my clients, not to worry about it because all the worrying in the world won't change what happened or what's going to happen. I told her the only thing that worrying would do is give her an ulcer.

But worry she did. For months.

She wanted to have her name cleared. I told her she just wanted to be acquitted.

On the day of trial we met at the municipal courthouse and waited for the docket to be called. Then the city attorney called out the witnesses. He didn't call out the name of the complaining witness. I asked my client is she saw the complaining witness and she said she didn't.

Five minutes later the case was dismissed.

Unfortunately that wasn't enough for my client. She was still upset. She told the bailiff that "that wasn't justice." The bailiff just kind of looked at me with a puzzled look on her face. My client was still upset about the length of time it took to get to trial, the money she had spent and the sleepless nights she'd suffered through. Had you seen her you would've thought she'd been found guilty.

I really wanted her to be happy. I understood where she was coming from, though. She didn't get what she wanted, but we got what we came for.

2 comments:

Hunter Biederman said...

Good Post. I see it sometimes too. Win the ALR, win the DWI, expunge the record. Still not enough.

But I understand where they are coming from. They believe they were right all along. Now they are out attorneys fees. The spent months or years lamenting on this and worrying.

Good job with the case -- you did all the right stuff!

Houston DWI Attorney Paul B. Kennedy, said...

The worst case involved a theft in which we had evidence that exonerated my client. Even after the case was dismissed he was upset because he had paid attorney fees, missed class and had his name besmirched. The worst thing was telling him there was nothing more we could do.