Sometimes prosecutors do me a favor when they do not agree to my proposed settlement offer. That means we have no choice but to go to trial. Either the criminal defense then wins hands down or wins at least part of the proceeding, or at least I become stronger and more able for the next battle.

In a recent DWI case, I did not succeed in convincing the prosecutor to amend my client’s DWI and refusal charges to a wet reckless driving charge, whereby my client would receive a suspended sentence, drive restricted for six months, complete VASAP, and be on probation for a year with a suspended sentence and a partially suspended fine.

The prosecutor finally suggested that we simply try the case, and pointed out “You always smile when you object” when we try cases together.

I replied that I smile while firing my proverbial bullets, and mentioned the great World War II movie scene (Big Red One or another film) where the American soldier calmly smiles in the moment, while chomping on his cigar as he sniper-guns fascist soldiers.

I did have fun at this trial, and did win, when the judge agreed that probable cause was lacking to arrest my client.

Once the work stops being fun, that is time to consider doing something else. I have always relished fighting and verbal sparring. Criminal defense is where I belong.