Does The Temperament Of A Judge In A Criminal Case Make A Difference?
In defending criminal cases over my many years, I realize there are some cases where the judge's temperament can make a difference.
If you've decided that you're working out a deal with the prosecutors but will let the judge decide what the sentence will be in a case, the judge's temperament is crucial.
On the other hand, most cases in Los Angeles are worked out between the prosecutor and the defense attorney, and they work out the sentence as well. So, in those circumstances, the judge's temperament doesn't matter because, typically, the judge will not have anything to say about the sentence at that point.
Judge Controls Sentencing
It's only if the person is put on probation and that probation is violated that the judge will control the sentence. The judge will certainly listen to both sides, but at that point, the judge's temperament would be crucial because the judge would have the ability to sentence the person to whatever they deemed appropriate under the circumstances of the case.
There are other times when the judge's temperament is important. Sometimes, as a criminal defense attorney, I find myself negotiating with the prosecutors and believe that they are not being fair in a particular case.
In other words, the prosecutors are not offering a resolution that is fair under the circumstances of the case, and the only way that you can gage something like that is to be able to look at other cases that you've handled in Los Angeles County and know what the value of those cases are.
If you know the value of a criminal case, you can get a feel for whether the prosecutors are fair or the judge is fair. Another time a judge's disposition or temperament is crucial is if you feel the prosecutors are not being fair. You will now ask the judge for an indicated sentence, which means you're saying to the judge that we may plead guilty to you.
The prosecutors aren't being fair. If we ask you what your sentence will be, and you tell us and we think it's fair, then we'll take a deal and be done with the case. Knowing the judge's temperament at that point is crucial.
Negotiating with Prosecutor
For some judges, there's no way they'll cross the prosecutor, so asking them for a resolution wastes time. Other judges are much harsher than the prosecutors, so asking them for a better resolution is a waste of time. You might as well just do the preliminary hearing if it's a felony case and then try to negotiate with the judge upstairs or try to go to the DA's boss.
So, you have to know what type of judge you're dealing with, especially if you are going to be relying on that judge to do anything related to the case – to hear the trial, to sentence the person, to deal with the person if they violate their probation, to deal with the bail if that's applicable in your case.
Knowing the temperament of a judge in a criminal case in Los Angeles is just one of the tenets necessary to be a successful criminal defense attorney.
I can tell you who the judge is in all of the courts in LA because I've practiced there for many years. If I've appeared in front of the judge, talked to my colleagues, and done cases in front of them, then I am going to know what their temperament is. I'm going to know what type of judge they are. I'm going to know how fair they are. I'm going to know how harsh they are on certain crimes.
Some judges are harsh on certain crimes, and that's a problem. You need to know that as a criminal defense attorney because if you don't know which judges are harsh on which crimes, you will put your client into a difficult situation in some cases because the judge will have power. The judge will have the authority to do certain things related to your client and your client's case.
So, the judge's temperament in cases in Los Angeles is very important. It's very, very important that you, as a defendant, know what type of judge you're dealing with, and the only way you're going to get that information is through your attorney who has had experience in that courthouse, who has dealt with that judge before and knows what that judge does under certain circumstances so you can end up with the best possible result in your criminal matter.
