Cutting Your Losses
I was on the trial docket for a case that had been appealed from District Court. (In Alabama, misdemeanor and traffic cases in District or Municipal courts can be appealed to the Circuit Court where there is a new trial before a different Judge and a Jury if you request it.) In this case the Government had made a fatal mistake of which they had been told about for over a year. They never took any steps to correct the error.
I appealed the case to Circuit Court to get it in front of a judge who would listen to my argument regarding the Government’s problem. Going to trial required a lot of time to prepare for the trial, that cost my client a large amount of money. In the end the government dismissed the case. I have never understood why some governmental agency refuse to dismiss cases when they cannot get a conviction. It saves the taxpayers money and gets it off their desk.
As criminal defense attorneys we try to resolve cases in the best interest of our clients, in the shortest period of time as possible. I have always wondered why some government employees are not the same way with their cases.