Why I Told This Lawyer Not to Ask for Probation

I got a call from someone new to our community, asking me to speak with his lawyer, a guy with more MVP awards than Michael Jordan, Kobe Bryant, and Magic Johnson combined. Two things stood out. The defendant didn't know his own guidelines were more than seven years, even after signing a plea agreement with points and restitution; how do you sign that and not know your number? And of course, he didn't want to go to prison. We got into what the government wants versus what the defense should ask for, and the lawyer told me, I'll do whatever you want me to do. I told him if the government wants more than seven years and you ask for probation, that gap is too wide; the judge will want to know what you're doing about making amends, accepting responsibility, and the victims who want punishment. You don't hire a lawyer with that resume so he can hand the decision back to you. You hire him to lead, research the judge, and not make a request that angers the judge and gets your client more time.