Jan 8, 2014

The Plea

This is a post that received recognition as the 2013 "JDog Memorial Blawg Post" for the best post on criminal law, in the opinion of Scott Greenfield, a prolific law blogger over at Simple Justice and a veteran criminal defense lawyer from New York City.

It is Tuesday at 9.30am and I am in the booth.

The booth is a tiny box where I have the honor of talking to my client through an inch of bullet-proof glass. I say “talking”, though it’s really more like yelling, since it’s pretty hard to hear through that glass.

“Booth” is a misnomer too. “Booth” reminds me of the precursor to something fun. You buy tickets to a movie or carnival rides at a booth. No such fun was happening today.

Really, the booth is purgatory, a limbo my clients sit in after they’ve made their way from the prison and to the courthouse basement’s holding cells, but before they enter the courtroom where they await final judgment.

This particular morning, I am wearing a navy flannel Brooks Brothers No. 1 sack suit, a white shirt I freshly pressed at 5.30 that morning, and a somber tie that reflected my mood.

In gross juxtaposition, my client is in an orange prison jumpsuit and has a thermal on underneath to keep warm. I guess this hell follows Dante’s rules.

My client is a good man who’d recently made a series of terrible decisions, all of which led to where he is today. Despite his cock-ups, he was truthful and admitted his mistakes not only to his family, but to members of his community.

Then the police became involved.

And he got arrested.

And his mistakes became a “case.”

And that’s how we ended up on opposite sides of the same sheet of glass on Tuesday at 9.32am.

Today, he is ready to plead guilty to the charges against him. In exchange for giving up his Constitutional right to a jury trial, he is offered a sentence far less than what he would see if he were found guilty at trial.

Though we’ve already done this before back up at prison, I review with him one last time his written guilty plea colloquy, and explain to him word by word the rights he is giving up by pleading guilty. I’m reading it to him like I’d read “Hop on Pop” to a kindergartner.

But he’s not a kindergartner. He’s a grown man. And this isn’t “Hop on Pop.”

It’s 9.34am. I’ve finished reviewing the colloquy with him. He’ll sign it out in the courtroom, since now his hands are shackled behind his back and we’re separated by an inch of bullet-proof glass.

It’s 9.35am, and I can only watch as my client sobs and tears stream down his face.

You see, up until this point he’s been a man of god. An educated guy, he’s worked the same job for the last 25 years, and been married to the woman he loves for the last 30. He’s lost all of that now.
(Did I miss the day in law school they taught you how to handle this?)

According to the arrangement with the District Attorney’s office, he faces up to five years in a state correctional institution for the crimes he’s pleading to. If he’s really good (including credit for time served) he’ll get out in about two years. If he runs into problems in prison, he’s going to miss his son’s high school graduation.

I ask him if he as any more questions for me before we go into the courtroom.

“Lord Jesus, what have I done? Will God forgive me? My wife’s left me. Leo, what am I going to do?”
He spits out this sentence between sobs. A man, broken. But in an instant, he musters up all the dignity he has left. He toughens up his features and tries to wipe his eyes on his elbow—which is difficult seeing as his arms are handcuffed behind his back—and puts on an air of stoicism.

And I tell him. “Bill [not his real name], when the court officer asks you how you plead, you say ‘Guilty’”.
He nods.

According to that fancy framed piece of paper from the Pennsylvania Supreme Court hanging on the wall of my office, I’m an attorney and counselor at law. But the three years of schooling and two years out in practice hadn’t prepared me for this—telling a grown man, through bullet proof glass, who until thirty seconds ago had been crying like a baby, that he was going to be spending the next five-ish years of his life outside of the city he’s lived in his whole life, shipped out to Bumblesuck, Pennsylvania (which alone would be enough of a shock) to take up residence at the taxpayer’s expense in a state correctional institution. And I can tell you that a state correctional institution is no Sandals resort. Hell, it’s not even a Howard Johnson.

“Leo, what am I going to do with the rest of my life?” He asks me. While his expression is still stoic, his bloodshot, watery eyes belie his terror. That look—the feeble attempt to cover fear with toughness—it’s a look that will quickly become familiar to me.

At 9.37am, two knocks on the door interrupt us. The court crier pokes his head in. “The Judge is ready,” he says, then shuts the door behind him.

I stand up. Bill stands up, hands cuffed behind his back, and the sheriff walks in prepared to lead him out to the courtroom.

Through the glass I shout: “Bill, I’ll see you inside. It’s been my honor to represent you. Remember — everyone is better than the worst thing they’ve ever done.”

I turn and walk out of the booth, prepared to meet my client in the courtroom for judgment.


Leo Mulvihill, Jr. is a criminal defense lawyer from Philadelphia, PA.  We here at the electronic criminal lawyer can appreciate his experience and his sentiments; we've been there with some of our clients. Defending the accused can be a rough road at times.  Few cases go to trial; the majority end with some sort of plea.

We cannot help but wonder what crime Mr. Mulvihill's client pled to, and what sentence was meted out by the judge.  From the tone of the post, sounds like the client was headed to prison.


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A criminal lawyer is someone that has the responsibility to defend an accused person. I have met many people in my life that have been accused. Each and every person deserves to be innocent until they are proven guilty.


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Paul Herman said...

It must be really difficult being a lawyer representing good people who are prosecuted for their mistakes. What advice would you give to aspiring lawyers to emotionally handle cases like the one with your client in this post? It seems like classes in law school helps you to know the law and how to create defenses to help your client. However, it seems as though they don't teach young students how to sort out their emotions when handling difficult situations in certain cases.