The Legal Landscape in 1980s Orlando
When I first opened my law firm, you couldn’t throw a rock in downtown Orlando without hitting a lawyer. But the market was booming, and there was always room for one more effective lawyer. Almost all lawyers, especially criminal defense types, think they are the best. The career is an incredibly ego-driven profession. Of course, I’m no different. If I win a jury verdict, I think it’s because I, and only I, navigated the intricacies of the case in such a way that only I am capable. There has to be some element of ego and confidence to be effective.
The goal is to win. There’s no sweeter phrase in the English language to a defense attorney than those words stated from the clerk, “We the jury find the defendant not guilty. “ In the beginning, however, I didn’t hear those words very often. Since I had not worked for the public defender’s office or state attorney’s office, I hadn’t had formal training in the fine art of jury selection, cross-examination, jury instructions, or closing arguments.
Court-Appointed Beginnings
Early in my career as a private criminal defense attorney, I accepted court-appointed cases. These cases were delegated to private criminal defense attorneys when the indigent defendant had a conflict of interest with the public defender’s office. The pay rate was $50 per hour. Defense attorneys typically charge flat fees and aren’t practiced at keeping track of billable time, so billable time was often very liberal.
One of my first appointed cases was for a young man named Xavier. He was accused of burglarizing cars in a high-end area of town, the Country Club of Orlando.
The Case Against Xavier
At a glance, the evidence seemed strong against Xavier. He was seen in the area shortly after police received calls about car burglaries. The cops stopped him as he was briskly walking away from the Country Club of Orlando, wearing dark clothing that matched the description of the burglar, as reported to the police station.
Xavier spoke little English. Spanish was his first language. The arresting officers called a Spanish-speaking colleague to speak with Xavier. By the end of the investigation, the police claimed to have a written confession, and Xavier was booked into the Orange County jail on a $5,000 bond. Xavier couldn’t afford to post bail.
Meeting My Client
I procured the services of a Spanish interpreter, a bubbly, rotund Cuban lady, who worked with me for decades after this first case. Through her, Xavier proclaimed his innocence. He was 23 years old with no prior history with the criminal justice system. He had been arrested with $33 in his pocket, which he said he had earned that day loading crates of oranges at a packing company on Orange Blossom Trail, not far from the Country Club of Orlando. When asked about the confession, he insisted he said no such thing.
Rejecting the Deals
Xavier remained in jail for one month before his pre-trial conference with the judge. The prosecuting attorney, through an interpreter, offered Xavier a deal of probation, community service, and no felony conviction. Under normal circumstances, this would not be considered a bad deal. Many defendants would have accepted this, but Xavier firmly rejected the offer and the opportunity to leave jail that day. He assured me he wanted a trial. It was a head-scratcher. Did he perhaps have a psychiatric issue?
Through the Cuban interpreter, I gently told Xavier that, with a signed confession, I was unsure how I would defend him in front of a jury. He adamantly denied the legitimacy of the signed confession and said his faith would not allow him to plead guilty or no contest to something he did not do. The judge and prosecutor were incensed and agitated that they would have to waste time on a trial when the defendant confessed.
I liked Xavier as a person. It was clear that he had a rough upbringing, but a good, God-given heart. I abandoned the idea of a psychiatric evaluation and delved into the case itself. Then it hit me — I could definitely defend and possibly prevail on the date of the jury trial. At the hearing, the prosecutor offered a plea deal of 60 days in county jail, with credit for time served, which was now approximately 60 days. Xavier refused again. The judge called us back to chambers..
The Trial Unfolds: A Questionable Confession
The judge said, “Gentlemen, I’m not sure why we are going to trial. The defendant was placed at the scene and signed a confession. What’s your defense, Mr. Wander?” I said, “My defense is that he didn’t do it. Put your seatbelts on. “ This created a murmur of laughter for those present.
Sure enough, the trial began, and the civilian witnesses identified my client as the person they saw walking away from the burglarized vehicles. The interpreter dutifully conveyed to Xavier all the goings-on in Spanish. The arresting officer in full uniform solemnly swore that he was the one who obtained the confession from Xavier and thrust the document to the clerk to hand to the jurors so that they could study it.
The confession read, “As I was proceeding northbound on Orange Blossom Trail, I observed two vehicles unoccupied toward the entry of the neighborhood. I tried both vehicle door handles; both were unlocked, and I searched the vehicles for any valuables. The first vehicle was a blue Cadillac, and the second was a white Volvo. I then proceeded without any items to walk to my home in neighboring Lake Fairview. Signed, Xavier. “
Seeing the Truth
It was very obvious to me, after studying the confession, that this was not a valid case against my court appointed client. It would not require legal wizardry, a University of Florida law degree, or prior legal experience to free Xavier. It was common sense. I relaxed and reflected on the evidence, which ultimately exonerated Xavier. The so-called “confession” or “admission” written in English legalese by a law enforcement officer was not in the words of a manual laborer who barely spoke English. Xavier was told to sign a piece of paper. He did sign his name, but he did not understand what was written on the paper. He could not say those words, much less read them.
I argued to the jury that there was no reason to believe that Xavier committed the crime. It wasn’t proven beyond a shadow of a doubt that he committed any crime, much less this car burglary. There was every reason to believe he had simply been walking home from work.
I saw in the jurors’ eyes that they understood. I saw the judge nodding slightly. In 20 minutes, the jury came back with those sweet words, “Not guilty. “ The jurors, the court personnel, and ultimately the judge agreed there was no way that the statement, which previously had seemed so incriminating, was that of Xavier.
In speaking to the jurors in the hallway afterwards, they were upset that law enforcement seemed to have forced this young man to sign a confession which contained formal language totally foreign to a non-English speaking person. The jurors told me they did not find the seemingly damning signed confession to be authentic after I pointed out the language discrepancy.
A Defining Victory and the Power of Principles
It was my first “not guilty” verdict and a significant milestone for me. As the attorney, I was so ecstatic that I won the trial. I also was in awe of the principled young man who rolled the dice with very high stakes. If the jury had come back with a guilty verdict, he would certainly have been sent to prison, and not vindicated. What I remember most is this young man’s iron-clad principles and his willingness to stick by the truth.
Reflections on Criminal Defense
Criminal defense lawyers are a unique breed. With all the pop culture surrounding the legal system, lawyers are no longer always seeking justice, but rather looking for a good social media post or a reason to get airtime on a local television station. Legal proceedings have become a big sport now, with both sides committed to a win-at-all-costs mentality. There’s a lot of icing and less cake these days in terms of justice.
When we win, we tend to attribute it to our brilliance. When we lose, we blame the evidence, the jury, or sheer bad luck. If we lose a trial, it’s because the evidence was overwhelming, the jurors made a poor decision, the jury wasn’t paying attention, or the jury was lazy and just wanted the decision to be made. It’s never our fault if we lose. But, the real loser in any wrongful conviction is always the accused.
In the case of Xavier, my client was innocent, and we proved it. Most of my clients, however, are not innocent of wrongdoing.
The Art of Sentencing Advocacy
The vast majority of my efforts and energy go toward securing the appropriate sentence for my clients who are in the wrong. There are rote ways that prosecutors and judges use to determine sentences. One is a score sheet. In the State of Florida, certain crimes carry certain points. Score sheets assess prior criminal history, the “level” of the charged crime, and factors such as whether a victim was injured, whether the offender was on probation at the time, and other criteria. Accumulating 44 points results in prison time, period.
Defense attorneys believe score sheets provide judges and prosecutors with comfort in having cold, calculated numerical equations as a guide to determining the appropriate prison time for a person. So, a prosecutor can say, ‘Well, Mr. Smith scores 88 months to 110 months, so offer him the 88 months.” Sounds reasonable and fair, right? Wrong! Every case, with its set of circumstances and personal history, is unique. Often, there is a fine line between a charge that does carry enough points to warrant a prison sentence and a different event or named crime that does not carry a prison sentence. At that point, the war effort for an aggressive defense attorney is to convince the judge and prosecutor to label the illicit behavior of the client as having committed the lesser of the offenses, to get a non-incarceration sentence. The challenge-and the duty of a defense lawyer is to persuade judges and prosecutors to see beyond the numbers.
Real Life Example
I once represented the daughter of a retiree from the court system. The daughter was a drug addict who faced a trafficking charge, carrying a minimum of three years in prison, depending on the weight of the drugs. She’s not innocent, even though it was not her vehicle where the drugs were found. But she admitted the drugs were hers, so we were not going to trial. The goal was to get the charge reduced to possession with intent to distribute, which carries probation, not prison. This is where the same set of circumstances, with different legal labeling of the behavior, resulted in a lesser sentence for her. It allowed her to stay employed and seek treatment.
I believe most American citizens with any compassion for humanity would want a woman who had never sold drugs, but had a horrific heroin addiction, to remain in the community. There, she could stay employed and get help, as opposed to being housed in a prison for 15 years at a cost to taxpayers, calculated by a number spit out of a calculator.
Final Thoughts: Why I Do This Work
I gladly represent both innocent people and guilty people. I provide each person with a personalized solution tailored to their specific legal needs. Whether representing the innocent or the guilty, my commitment is the same: to ensure every client receives a fair and just resolution. In Xavier’s case, justice meant complete exoneration. In others, it means fighting for compassion, fairness, ensuring the system sees the whole person, and keeping justice from becoming just a number’s game.