Rich's Reflection on the Week Ending May 1st

This was a busy week for me as far as trials are concerned. I had an Protective Order Appeal in Circuit Court where I represented the wife who had been abused by her husband. I also had a two day divorce and custody trial in Circuit Court. I was also scheduled to have a two-day criminal jury trial on a First Degree Assault case, which was postponed.

The Protective Order matter was in Circuit Court because the husband appealed the case after losing in District Court. When you appeal a domestic violence matter from District Court to Circuit Court, the case starts all over again. I tried the case again, on behalf of the wife, and not only did the husband lose, but the conditions of the Protective Order were increased as well as the length of time that the Protective Order would be in place. It was a great outcome for my client.

With regard to the criminal jury trial, the case did not go forward and was postponed because the police officer involved in the case was working in Baltimore because of the riots. I find this to be an interesting case because I believe the prosecutor in this matter has no true interest in justice, rather only to prosecute the defendant. It is my belief that there is a bias against men in these types of cases, especially because the alleged victim in this matter is a woman, as is the prosecutor. This is an example of a case where you need to hire a good attorney with extensive trial skills to defend you.

Finally, I had a two-day divorce and custody trial where the wife/mother had relocated to California. I initially won custody for my client at an Emergency Pendente Lite Hearing, filed when the wife originally took the children to California. At that time a Consent Order was put into place. Unfortunately, my client did not obey the court order as it related to keeping his wife in the loop regarding the children, although I repeatedly told him to do so. As a result of my client making decisions without first consulting me, my client lost the case. This case was most unfortunate in that had he followed the court's order and my advice, I absolutely believe that my client would have been successful at trial. It goes to show that you need to seek out your attorney's advice before you make any major decisions which could impact your case. It is always difficult to lose a case, especially when you believe you would have won had your client followed your advice.

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