As a criminal defense lawyer you get used to being told "no" by prosecutors. No, your guy can't have probation. No, we won't waive a jury. No, we won't agree to a bond reduction. Some prosecutors seem to get mad just because you ask the question (that's a whole separate post for another day). More often than not, criminal defense lawyers are told "no."
And that's fine. It's part of the territory. After all, that's what courtrooms and juries are for - to sort it all out when there is no agreement. However, it doesn't mean that you should stop asking the question just because you have been told "no."
This week was a prime example of persistence paying off. After asking countless times since June and being told "no," I was finally told "okay." (not a firm yes, mind you, but a relenting "okay"). And it mattered to my client and his parents. It means that an enhancement allegation was waived and now he will not be required to do at least half of his time before he becomes eligible for parole. A minor victory in the grand scheme of things but a major win for a client.
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