Goodbye, McMurphree

McMurphree set up an appointment to talk about my case and the plea offer.

“What do you think?” he asked “Will you accept the plea deal and finish this off? I got you down from a felony to a misdemeanor. If you take the deal, all you plead guilty to is Resisting Arrest.”

“Did you get any more paperwork from the DA?” I asked.

“Nothing. He just wants to know if we have a deal.”

“If I plead guilty to resisting arrest, can I still sue the cops for excessive use of force?”

“No. If you admit to resisting arrest, they are authorized to use whatever force necessary to affect the arrest.”

“They TEASER-ed me and they deny it. They filed a false report.”

“Look, here’s what it is: I’m not going after the cops. I got you the misdemeanor, and I’m done. I did what I said I would do. I gave it my best shot. If you want to call around and see if another attorney will take up your case, that’s fine with me. I’ll settle your bill out of your retainer. You might even get some money back. But I warn you, I’m charging for every office visit, every email, every phone call, every court visit. Have you ever read The Firm? It’s how we put bread on the table. I have to bill you for everything.”

“I’m not pleading guilty to anything. I’m not gonna stick my head in that noose for them. If they want my neck in the noose, they have to put that noose around my neck.”

“OK. Not a problem. Call around and see if anyone will take your case. But let me be frank: the DA wants a guilty plea, or a guilty verdict. The DA wants to win. Have you heard the saying ‘You can’t fight City Hall’? City Hall has deep pockets. They have time, they have money, and they want to win. They expect to win. They might call a Grand Jury on you, and that will be even more expensive. They could add more charges, and they can drag this case out as long as they want. If you want to sue the Sheriff, you have 90 days from the date of your arrest to file a ‘Notice of Claim.’ That clock is ticking.”

I stood up and shook McMurphee’s hand.

“Thank you, [redacted]” I called him by his first name.

“You’re welcome, Justin. Good Luck. If you change your mind let me know. Let me know either way.”