be careful what you ask for

The Criminal Defense Clinic has a case set for jury trial the week of April 1st.  Motion hearings for that case were held this past Friday.  The case involves a domestic battery charge and a resisting without violence charge.  We moved to sever the charges in the belief that our client couldn’t receive a fair trial on the domestic battery charge if the resisting without violence charge was heard at the same time.  The Judge agreed and now the charges are severed.  One problem: the Assistant State Attorney has opted to try the resisting without violence charge first. . .and it’s going to be hard to get a not guilty verdict on that charge when 10 officers responded to the scene. . .akin to a SWAT call.  Oh well, noone said this was easy.  If it were, everyone would do it.