If you are in need of a Prince William County criminal defense lawyer, please contact us. The following is a blog post written by Colleen Kirby, an experienced Howard County criminal lawyer.

Recently I found myself in a position with a client that was in the United States on a Student Visa and charged with a crime that would have serious immigration consequences.  The client’s spouse was in the United States as a dependent on the Visa and their two children were born in the United States, therefore, citizens.

After a misunderstanding at a department store, the police were contacted and my client was released with the uneasiness of whether criminal charges would ensue.  Approximately six (6) months after the incident, the client came to my office in tears after receiving charging documents.  I immediately advised the client to speak to an immigration attorney to determine how to protect their right to remain in the country.  The conclusion was that a dismissal was needed to best protect my client.

After reviewing all of the evidence, I spoke to the prosecutor.  After SEVERAL negotiation attempts, he was not willing to go forward on anything less than a conviction.  As the trial date approached, my client was becoming more and more anxious and desperate.  After many visits to my office, the client also grew affection for my dog, Maddie, and was kind enough to bring her toys, treats, and dog food!

On the day of trial, almost a year had passed since the incident date.  When I entered the courtroom, I found the State’s witness and asked if he would mind speaking with me in the hallway.  He agreed, knowing that I represented the defendant and he was under no obligation to speak with me.  The State’s witness and I sat down outside of the courtroom to discuss the case.  When I asked the State’s witness to describe what happened, he flipped through his file to find the report.  It was clear to me that the witness has NO recollection of this incident.  Upon finding his report, his response was “oh yeah, here it is” and he proceeded to read the facts word for word from his report.  Obviously the witness had zero recollection of this incident other that what his notes reflected.  He also indicated he had the video surveillance, but neither he nor the prosecutor had reviewed it.

I asked the witness if he had seen the defendant in the courtroom to which he responded, “No, I have not seen [them].”  Knowing my client was in the courtroom, sitting directly behind the witness, I realized the witness would never be able to identify my client.  I thanked the witness for his time and he returned to his seat in the courtroom.

At that point, I decided to take advantage of the fact that the witness could not identify my client.  I returned to the courtroom and sat next to an individual of the same sex, race, and age.  I passed a note to the prosecutor asking him to have the witness identify the defendant.  As the judge was still on the bench, the prosecutor called the witness up and whispered something to him.  I then saw the witness point to the individual sitting next to me and say, “that’s the one!”  The prosecutor asked him how sure he was and the witness said, “100%, that’s the [person].”

After hearing that conversation, I wrote a note to my client instructing to please not respond if her/his name was called and discretely handed the note to my client as I pretended to step out to the restroom.

The prosecutor called me to the front and told me there was a positive identification made.  Much to the dismay of the prosecutor, I informed him that there was a misidentification and the individual identified by the witness was not the defendant.

Eventually the prosecutor excused the witness, informed me he was dropping the charges and called the case.  I called my client to the trial table and all charges were dismissed.  My client was beyond thrilled and broke down in tears.  My client can now pursue his/her career and remain in the United States with his/her family.

The scary part of this story is that if I had not taken the time to speak to the State’s witness, my client and I would have sat together at the trial table and the witness would have pointed the finger at the person sitting at the defendant’s table.

Misidentifications happen FAR too often and land people in jail or prison for crimes they did not commit.  Witnesses, whether subconsciously or not, will always point to the person sitting at the trial table and ID them as the person who committed the crime.  Therefore, the “cloak of innocence” does not apply when you are sitting at the table marked “defendant.”

One example that many of you may be familiar with is from the movie, “My Cousin Vinnie.” Below you can find a link showing some quotes that demonstrate exactly how easy it is for witnesses to misidentify the defendant.

Misidentifying a witness

While this is only a fictional movie, unfortunately, it happens far too often.  For example, there are many individuals who spend years on death row only to be later exonerated by DNA evidence.  In many of those cases, I am sure the witness/victim pointed to the defendant and said, “I am 100% sure that is the one!”  After 20, 30, 40 years, the truth is finally revealed.  And in some incredible cases, the truth is never revealed.  My goal is to ensure that the witness is identifying the correct person, and if they cannot identify the guilty party, the State must dismiss the charges.

 

As for my former client, we have continued to maintain a very friendly relationship.  Just as I told the client when we first met, I found a way to make something work out to protect all their hard work.  Seeing my client and the family so happy was reward enough for me!  And to top things off, my client asked for another meeting after the court date and insisted I bring Maddie.  My client arrived, with another goodie bag for Maddie to show gratitude!  I don’t know who was happier: myself, my client, or Maddie!

 

Most people have heard the saying that dogs are like their owners.  I am often told I am the prime example of that saying.  The pit bull is a dog of power, passion, and undying willingness. Those who know me best describe my character that same way.  I rescued my dog, Maddie, from the Humane Society when she was a one year old puppy.  My family told me I was crazy to rescue a pit bull.  It turns out to be one of the smartest choices I have made.  I have learned so much about the breed and work hard to educate the public that it is a breed to be respected, not feared.

What does this have to do with being a criminal defense attorney?  As an attorney, I pride myself in pursuing what I need for my clients and I will not stop until I succeed.  I am often underestimated by those who judge me on my sweet and innocent exterior.  However, they are in for quite a surprise when it comes time to produce results.  Like my pit bull, I am intelligent and tenacious.  Pit bulls are extremely strong for their size.  Similarly, despite my small stature, I am a powerful contender in the courtroom.

One other similarity that should not be overlooked is loyalty.  My pit bull is constantly by my side to protect and support me.  That is the type of assistance I like to provide to my clients.  I believe that many attorneys overlook the important role of being there to ease the concerns and anxiety of their clients.  Just as Maddie makes me feel secure at home, my clients feel secure knowing I am looking out for them throughout the entire legal process.  Further, I am always available to answer questions and address concerns as they arise.  That is the personal touch that I provide to all of my clients.

It is because of these qualities that I have earned the nickname of the pit bull attorney.

 

As a Howard County criminal defense attorney, I have some of the best clients.  Not only do they open up to me about what I need to properly defend them, they open their hearts to my dog.  Maddie often accompanies me to the office and craves the attention of everyone who walks through the door.

A few weeks ago, I was contacted by a client because she found herself with an abandoned Pit Bull mix.  She was concerned about sending it to the shelter and did not want to see the dog end up in the wrong hands.  She called her relative and said, “This may seem strange, but my attorney is active in Pit Bull rescues and I can contact her.”  She emailed me the story and photos.  I immediately forwarded the email to my dog’s trainer.  She indicated that placing the dog in a shelter was a terrible idea.  Equally dangerous was posting an ad on craigslist for a free puppy.  In those situations, you never know where the dog will end up and what the new owner’s intention for the dog is.  It is extremely important to find a safe home with responsible owners who understand the breed.

Luckily the owners found a good home for the dog.  However, I am always happy to do everything I can to find a safe, good home for rescue dogs.  For those looking for places to turn, I recommend http://www.pupsdogobediencetraining.com/ I took my dog to this class and it made all the difference in the word.  There is no such thing as a bad dog, only bad owners.

Then, last week, one of my clients came to my office for a meeting and was quite disappointed that I did not have my dog with me.  After the meeting, I found out why.  My thoughtful client brought a gift bag for Maddie.  Inside the gift bag was two separate types of natural dog treats, along with a dog toy! The toy is now her favorite and she plays with it all day long.  I have sent pictures of Maddie with the toy to my client, who was overjoyed to see her so happy.  To that special client, thank you!

I enjoy people’s surprised reaction when they see how loving and calm she is, and then learn that she is a “pit bull rescue.”  The media loves to broadcast terrible stories involving pit bulls and continues to feed into all of the negative stereotypes of the breed. It is a wonderful feeling to see those stereotypes broken.

The key to owning a pit bull – and in my opinion, any dog – is responsible ownership.  One group that I support is called BADRAP (Bay Area Dogowners Responsible About Pitbulls) Please visit : http://www.badrap.org/ to learn about the breed, how to dispel the myths, and what you can do to help.  Their motto is “Securing the future of the American Pit Bull Terrier as a cherished family companion.”

For a more local organization, I would encourage you to visit the webpage for Animal Advocates of Howard County (http://www.animal-advocates.org/).  This webpage depicts the MANY homeless animals in the area that are in need of a good home.  Please help put a stop to puppy mills and consider rescuing your next pet!

 

In the fall, I wrote a blog about my experience and opinions with domestic violence cases. You can read that blog here.

If you read my last blog about how easy it is to file charges against someone, you will understand why there is such a large volume of domestic cases. As I previously stated, “That is because someone you know, or maybe don't even know, can walk into a commissioner's office, put in writing that they were the victim of a crime you committed and you may find yourself labeled a ‘defendant.’ All it takes is putting the story in writing, signing your name, raising your right hand and swearing that what you wrote is the truth.”

As the holidays approached, there was a dramatic increase in the number of domestic violence cases in not only Howard County, but throughout the State of Maryland. It ranged from couples stressed with economic hardship, former couples fighting over bills, and divorced couples arguing over custody of the children during the holidays.

Sadly, many of the “defendants” I am representing are actually the victims of domestic violence. After a repeated cycle of violence, the level of control the abuser has over the victim is overwhelming. The pattern is always the same: the abuser manipulates the victim into not calling the police, not filing charges, and not applying for a protective order. The abuser then takes advantages of the resources of the criminal justice system and obtains a protective order and files charges with the commissioner. Now the victim is the “defendant” and the abuser is the “victim.” That means that the victim/defendant must hire an attorney to defendant the allegations. And the abuser/victim has a State paid prosecutor handling his or her case.

In other scenarios, the abuser obtains a protective order, but then convinces the victim to repair the relationship. The promises are always, “I promise I won’t call the police if you just come over,” or “I am going to file to have the protective order dropped.” The bottom line is that a protective order is an order of the Court to stay away from an individual. That individual does NOT have the power to override a Court’s order. Every one of my clients in this position tells me, “I thought it was okay if he/she wanted to talk to me.”

The common response from my clients is that “it’s not fair; he was the one abusing me.” While I agree it’s not fair, the roles would be reversed if the true victim reported the actions to the police, filed charges, or even just obtained a protective order. However, the abuser is so manipulative that they are able to convince the victim to do nothing. Then the abuser turns around and files for protection. This is the ultimate move for power, dominance, and manipulation. And even if the charges get dropped in the end – the abuser still wins.