Posted by Sir_Karl
Posted by ncordless
Posted by Sir_Karl
Posted by ncordless
Posted by BuffaloDave
If Uncle Dana is standing behind him, why let Stephens apply for a public defender?
Dana was behind him while he thought he could save the fight. He has no use for Jeremy now that the fight has passed.
There is a difference between standing behind Stephens and dropping 10-20k on a crim defense lawyer for a case that Stephens won't likely win anyway.
Who says Dana is not standing behind him now? Nobody but you two. It has nothing to do with his procurement of a public defender either. Stephens has enough money to pay for a lawyer. Just because he was granted a public defender it doesn't mean Dana is not standing behind him. Not sure why he was granted a public defender though when he obviously is not poor. 10-20k? Where did you pull that number from? That is about 4 to 5 times what it would actually cost to go through every thing including a lengthy trial. AND Stephens won't win anyhow? What on earth makes you say that? Were you there? Are you a lawyer? Are you friends with the DA in Iowa? You must have a crystal ball that knows everything. All I have to say is WOW.
I am not a lawyer, but will be one within a year. One of my areas of focus has been criminal law, and I do some work in the field. I don't live in Iowa anymore I don't know the Polk County DA, but am acquainted with several people in the office. I have not spoken to any of them about this case, and they would never tell me anything about a pending criminal trial anyway.
The reality is that the defendant loses most of the time. Not sure about the local Polk County stats, but nationwide a the defendant is convicted more than 90% of the time (granted, a majority of criminals convict themselves by pleading guilty). Of course, it all depends on the facts. But I have not read any facts which make me think Jeremy's case is going to buck the trend.
The 10 to 20k for a criminal defense lawyer is a reasonable sum for a full trial where the defendant pleads not guilty. My guess is that a criminal defense lawyer in Des Moines is gonna charge at least $250/hr + expenses (there are defense lawyers that charge much more). If the lawyer puts in 40 hours worth of work, that's already 10k. If the case requires an investigator or an expert witness, 20k is probably a better bet. Of course, it could be a lot less if Stephens is gonna plead guilty.
First off you are maxing out and/or inflating all of your numbers. Second, you are assuming that this case is going to go to trial and if you were the expert that you are trying to come off as you would know that a large chunk of cases never even reach trial. A few closed door meetings between the lawyers,the DA and the judge and more than likely his charges will get dropped or be lowered and if they are lowered and he is indeed guilty he will more than likely accept the lessor charges. Of course if Stephens is actually innocent he will fight the charges. If he does fight the charges I see no need to have a private investigator involved as it will more than likely be a case of Stephens witnesses vs. the other guy's witnesses. I see this case costing at max 8-10k...not 10-20k. I can't see where there would be the need for 100 hours of lawyer work and that is pretty much what you are saying. I would have to see stats pertaining to your proclamation that over 90% of cases were someone pleads not guilty ends in a loss. That statement sounds completely erroneous. I have had plenty of court experiences myself including but not limited to Supreme Court. I am fully aware as to what top of the line lawyers cost as mine is one of the best in Central New York and he costs $200 an hour. I am also very aware as to what a Private Investigator costs as well considering the fact that I am a Certified Private Investigator. You are making assumptions and assertions. Your original statement of Stephens being found guilty anyhow was precise and to the point and I disagree with it 100% as I don't believe you can make that statement with any kind of reliability and without any kind of evidence to back up those claims, You have no evidence about the case whatsoever and somehow you have seem to know the results without knowing anything about the case. Let's just agree to disagree and leave it at that.
Paragraphs, my friend . . . paragraphs.
Pretty sure I said the majority of cases will end in a guilty plea . . .yep . . .there it is. You put words in my mouth a little, but for what it is worth you are right that 90% is not the right number of criminal trials that end in guilty verdicts. I never said otherwise. Guilty is guilty whether by verdict or plea. In fact, about 94% (source: Comprehensive Criminal Procedure 2nd Ed., p. 1161) of all felony convictions are the result of a guilty plea I include that number in the 90% conviction rate. Many DA offices post their conviction statistics (guilty verdict + guilty plea). Without doing your google search for you, I can tell you that it ranges from the low 80s to the mid 90's, with the majority coming in around 90%. I should add that I am talking about felonies. Of course it depends on the crime and the facts, and Stephens is innocent until proven guilty beyond a reasonable doubt, but I am not trying to apply the law. I am just saying that based on the fact that has been charged with a felony that the DA intends to prosecute, I can say there is a strong statistical probability that Jeremy Stephens will end up being found guilty . . . roughly 90%.
Either you live in a rural place, or your $200/hr lawyer is not one of the best in the area. Des Moines metro is about half a million. Twin Cities metro is closer to 3 mil. If good lawyers are not making $250/hr there, they should move because I know some not so great ones that charge $250. Of course, Jeremy could call up some recent Hamline grad for his bail hearing and pay less, but then is he really better off than with a PD? Most major metros have a good, if overworked, public defense firm.
Also, he will need 2 lawyers unless he can find one that is licensed in both states. Eligibility for a PD in Minnesota is 175% of the fed poverty line. Given what fighters pay out for training and staff, it's not unreasonable that a fighter who gets 24k/24k per fight and is 1-2 in the last year and a half can qualify for a PD.
When you said you had been in the Supreme Court, at first I thought you were full of it because there is no reason a PI would be at an appellate proceeding. Then I remembered that in NY, the trial court is called the Supreme Court, so I believe you. Do you like the work? I know a few PIs, as well as some in-house investigators employed by firms, and most seem to love the work. I suppose it is the kind of thing that if you don't like it, you won't last.