Hooray! An Honest Cop

"Counselors, the decision I have to make is not easy. This was a very close call."

Uh oh. When I hear these words in court my heart sinks. Because when it is a close call in a criminal case, the chances are for more likely that judge is deciding in favor of the state. My heart also sinks because it means I am going to probably appeal. It might be extra work for me that I look forward to, but it comes at the expense of my client's wallet and peace of mind.

After years of doing this work, I have trained myself to keep my cool when I lose on a motion. Especially those motions that I think are a no-brainer for my side. But in criminal cases, judges' have an inherent inclination to to credit the police and the state. It makes me angry. I can't help it. And it really makes me sick when a judge admits to this bias in writing.

Out of all the written decisions on motions I have received over the years, too many contain language like this. "To the officer's credit he admitted not observing a VTL violation". Or, "The officer deserves credit for his candor, admitting he made a mistake in his paperwork". Etc.

Why should the police be given credit for being honest? I mean, every time I read a statement by a judge imparting integrity upon the officer who testifies honestly under oath my blood boils. It is as if the judge is saying that honesty by the cop on the stand should be commended, and not expected.