Why do i want to be a lawyer again???

[Janet]

Well, I can say for sure if you were MY lawyer, I'd want you out there asking your collegues for suggestions. I would want the best outcome for myself and if my lawyer was asking a bunch of women on a forum, I'd ask for a mistrial.

Kat is right....ditch the word 'impossible'

Good luck!!

[NicoleMarcelle]

thanks guys... i wouldn't do this if i was trying to win a trial... my collegues are in the same situation as i am, so they're not much help... i was fishing to see if there were lawyers on here who could help me out...as for the word impossible... k ditched...

as for the positive in my defendant...

she's a druggie, has been for a long time...she stabbed the social worker with an hiv infected needle... has pleaded guilty, and is being accused of assault. she has made numerous unsuccessful attempts to get clean, and says she loves her kid (whom a cop and social worker came to take out of the house, bc it was unsafe) but she shoots up drugs right next to him... so this one is getting harder and harder, bc any possible defense gets badgered by the prosecutor... so i'm going with " she needs her kid to get sober, and she does have the ability to be rehabilitated as per psychologist..."

when i posted i was frustrated bc i didn't to well on my opening statement... but i'll try to do better on the rest of the trial stuff

[katcarasella]

WoW!!! This is a rough one, I guess she hasn't hit rock bottom yet! It usually takes that before someone in her situation can get clean.

You're gonna do fine, I can see how much passion you have in your writing.
Go get um Girl!!!

[NicoleMarcelle]

thanks Kat!!! are you in the chat rm?

whoops never mind i can't get in it at wrk

[AngieDoogles]

Originally Posted by NicoleMarcelle

thanks guys... i wouldn't do this if i was trying to win a trial... my collegues are in the same situation as i am, so they're not much help... i was fishing to see if there were lawyers on here who could help me out...as for the word impossible... k ditched...

as for the positive in my defendant...

she's a druggie, has been for a long time...she stabbed the social worker with an hiv infected needle... has pleaded guilty, and is being accused of assault. she has made numerous unsuccessful attempts to get clean, and says she loves her kid (whom a cop and social worker came to take out of the house, bc it was unsafe) but she shoots up drugs right next to him... so this one is getting harder and harder, bc any possible defense gets badgered by the prosecutor... so i'm going with " she needs her kid to get sober, and she does have the ability to be rehabilitated as per psychologist..."

when i posted i was frustrated bc i didn't to well on my opening statement... but i'll try to do better on the rest of the trial stuff

Uh oh, I'm a social worker in training. I hope this never happens to me!!!

Possible positives for the defendant: She acknowledges that she's done something wrong (she pleaded guilty). She has tried several times to get clean--this shows that she WANTS to change even though she has been unsuccessful so far. She now realizes that she might lose her child which could cause her to make positive changes.

Does she have other family? A job? Education? Outside resources? Accomplishments? Is her child dressed properly? Does he/she receive adequate food? What did she do before the addiction? These kinds of questions can help you find lots of positives...

If you have any more information about the defendant, I can try to help you find more positives. We do it all the time in my social work courses so I have some practice. We're given scenarios JUST like this one and use what is called a "strengths based perspective." It's really quite interesting.

Good luck with your case!

[Janet]

Nicole...honey all I can do is wish you the best...LOL. I don't have the expertise needed in this thread, wish I did.

[NicoleMarcelle]

Originally Posted by AngieDoogles

Uh oh, I'm a social worker in training. I hope this never happens to me!!!

Possible positives for the defendant: She acknowledges that she's done something wrong (she pleaded guilty). She has tried several times to get clean--this shows that she WANTS to change even though she has been unsuccessful so far. She now realizes that she might lose her child which could cause her to make positive changes.

Does she have other family? A job? Education? Outside resources? Accomplishments? Is her child dressed properly? Does he/she receive adequate food? What did she do before the addiction? These kinds of questions can help you find lots of positives...

If you have any more information about the defendant, I can try to help you find more positives. We do it all the time in my social work courses so I have some practice. We're given scenarios JUST like this one and use what is called a "strengths based perspective." It's really quite interesting.

Good luck with your case!

Thanks Angie!!!


Ok, she has pleaded guilty buy it's not remorseful, she regrets having infected the social worker, but not for stabbing her...
her past was rough, abused as a child, taunted in school, etc (i am trying to use that) but her brother (who comes from the same background) went on to great things joining the army, and serving in Iraq...
she says that she loves the kidm but like i said she does drugs around him, so that's a point that is easy for the prosecution to rebutt...
she can't have her kid back per se, he has been adopted by her brother, but she could be around him and i think i could make a point that he can still help her in getting out of what she's into...

here's my problem, the witnesses on my side, their testimony is mostly hearsay, bc the defendant is not present in the court room... so i don't have much to make my case. they can make inferences and opinions based on what the defendant told them in their interviews, but she's lied in a couple of interviews as well...

[AngieDoogles]

Originally Posted by NicoleMarcelle

Thanks Angie!!!


Ok, she has pleaded guilty buy it's not remorseful, she regrets having infected the social worker, but not for stabbing her...
her past was rough, abused as a child, taunted in school, etc (i am trying to use that) but her brother (who comes from the same background) went on to great things joining the army, and serving in Iraq...
she says that she loves the kidm but like i said she does drugs around him, so that's a point that is easy for the prosecution to rebutt...
she can't have her kid back per se, he has been adopted by her brother, but she could be around him and i think i could make a point that he can still help her in getting out of what she's into...

here's my problem, the witnesses on my side, their testimony is mostly hearsay, bc the defendant is not present in the court room... so i don't have much to make my case. they can make inferences and opinions based on what the defendant told them in their interviews, but she's lied in a couple of interviews as well...

Maybe you could focus on the fact that she has a brother who is willing to help her beat this addiction? He sounds stable and supportive. Could you use his testimony?

As for the prosecution's rebuttal about doing drugs around the child, maybe you could start out by saying that yes she's made mistakes, but she is trying to improve her life as evidenced by her attempting to get treatment and that she wants to get clean so that she can be a positive influence in her son's life. Maybe not in the immediate future, but after a lot of work and assistance, she could eventually be the mother she's always wanted to be.

I don't know if that angle would work for you or not, but I thought a suggestion couldn't hurt.

[NicoleMarcelle]

Originally Posted by AngieDoogles

Maybe you could focus on the fact that she has a brother who is willing to help her beat this addiction? He sounds stable and supportive. Could you use his testimony?

As for the prosecution's rebuttal about doing drugs around the child, maybe you could start out by saying that yes she's made mistakes, but she is trying to improve her life as evidenced by her attempting to get treatment and that she wants to get clean so that she can be a positive influence in her son's life. Maybe not in the immediate future, but after a lot of work and assistance, she could eventually be the mother she's always wanted to be.

I don't know if that angle would work for you or not, but I thought a suggestion couldn't hurt.

yeah she rejected her brother's help before, but i'm trying for something along those lines... unfortunately i picked a different witness, bc we're only allowed to direct question 1 witness bc of time restraints, but i can use the brother on my closing... what you suggested is sorta the angle i was going for in my opening, but i made some mistakes, my teacher was pretty nice with his criticism... he was harsher with everyone else than me... so i guess that's good... thanks so much for your help Angie...

[gja1000]

I simply couldn't do it - I just could not defend someone like that. I know they deserve someone to stand up for them, but it just couldn't be me. I'm a nurse, I could take care of her and help her get well, but I could not defend what she has done, in the legal sense.

Good luck with your studies.