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Out of all practice areas, criminal defense attorneys undoubtedly experience the worst public scrutiny.

Speak with any defense attorney and most can easily relate an unforgettable story of either getting spat on, insulted, or sometimes both. Simply being associated with the accused makes the public perceive us as accomplices, not guardians of the Constitution.

When I tell people what I do for a living, their reactions fall into one common category: disapproval. Whether it's a facial expression manifesting disgust, a judgmental roll of the eyes, or an outright offensive comment, I have yet to feel any "love" for being the guy that prevents their loss of liberty.

Inevitably, I find people searching their subconscious for famous examples of the "dirtbag lawyer" that helped the "bad guy" get acquitted.

"It's lawyers like you that helped OJ get away with a double murder! It's you guys that twist the truth and play with people's heads. You ain't no good, no matter what." And yes, they use double negatives.

Now, I can understand why this is a common perception. We all know lawyers that bend, twist, exaggerate, embellish, and distort the truth. Any defense attorney reading this can quickly summon a few examples.

The problem of the public's perception has nothing to do with the few bad apples that give any professional a bad rap. Rather, the public's misperception of who we are stems from their ignorance. They simply don't understand our role in protecting their rights—until they have some skin in the game.

It's amazing how my career choice takes on a different meaning when the same people who ridiculed me get arrested. Once they realize what they're up against, their attitude and gratitude for who we are, and what we do changes instantly. Let me share a story.

In the crowded lobby of a local tennis club, Ms. Jones (fake name) asked me what I did for a living. When I explained that I was a criminal defense attorney, she scoffed.

"In other words, you're the scum of the earth that helps criminals get away with committing crimes?" Yes, she made a scene as the room quickly went quiet.

I responded, "No. I don't help criminals get away with anything. It's just the opposite. I make sure that innocent people aren't wrongly convicted."

We parted ways and I thought that I would never hear from Ms. Jones ever again.

I was wrong.

Six months after our chance encounter, Ms. Jones left a message marked "urgent" with my secretary. When I read the message, I remembered the name and the insult. As I prepared to return her call, I thought, "I wonder what this is about?"

"He's innocent!" she screamed through the phone. "He was acting in self-defense! Why did he get arrested if he was only protecting himself? You've got to help him. I can't let my baby go to prison! You must get these charges dismissed!"

It turns out that Ms. Jones' son was in a bar fight and got charged with aggravated assault. He was facing 3 -5 years in prison and desperately needed legal representation.

I scheduled an appointment for the client to explain his version of events. After listening to his story, I accepted representation of the case and quickly started my investigation into the matter.

The kid was telling the truth!

The video from the bar clearly showed that the client was not the aggressor. If anything, he was trying to escape the brawl when another man choked him from behind. Ms. Jones' son bit his aggressor's forearm to break free just as the police showed up.

Of course, the first thing the police see when they walk in is my client biting someone. I can understand why they made the arrest; they had limited information. But that's why we have defense attorneys.

This was a very simple case. It only took us a couple of months to get the charges dismissed, but this isn't common. Most cases involve missing pieces of evidence, multiple witnesses (with contradictory statements), and very bizarre facts.

As we say in the business, "You can't make this stuff up."

And what about Ms. Jones and her original opinion of defense attorneys?

Very simply, she called me to say, "I really apologize for what I said. I never thought my family would need a criminal defense attorney, but now I understand how important you guys are. You're not the scum of the earth, you're the salt of the earth!"

 

Alan Peyrouton is a criminal lawyer at Peyrouton Law in Hackensack.