COMMUTED!
There is no greater joy when you discover that the Judge "gets it." As a defense attorney, I usually feel like I'm talking to a wall when defending my client and arguing on his behalf, trying to point out all the good things about him. We get to know our clients on many different levels and usually will have a better grasp on what they are capable of then anyone else. The State will always view your client with a label: Thief, Burglar, wife-beater, sex-offender, etc. They rarely see your client for who they really are. Many times, the Judge will lean in favor of the State because they just can't see your client as you do.
This morning, during a sentencing hearing, the State was asking for imposition of sentence - 5 years prison. My client, who was 4 1/2 years into a 5 year probation, certainly didn't deserve that. Though I think the Judge may have been on the same page as me before the hearing, I'd like to think that my comments encouraged him to commute the sentence rather than just reinstate him on probation for 6 more months (he had already indicated he probably wasn't going to send him to prison). The Judge not only saw my client for who he was, but he realized that the crime for which my client was on probation had absolutely nothing to do with the rules he violated (one included hanging out with his Fiance, who is NOT a felon, or ever been known to be a bad influence). In fact, he has been a completely law-abiding citizen since being placed on probation. The purpose of the conviction and probation was to punish, deter and protect society. The Judge, in his wisdom, noted that all of those have been fulfilled. No better reason to commute his sentence, right?
These are the days I love in my life as a Criminal Defense Attorney. This is what, I like to say, defines me.
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