FALSE ACCUSATIONS: A Real American Horror Story

LOS ANGELES CRIMINAL DEFENSE ATTORNEY
I became a criminal defense attorney to ensure liberty and justice.  From a very young age, I recognized the injustice in the criminal justice system.  When I was a child, my immediate family suffered the consequences of a wrongful arrest, based purely on ethnic profiling.  In law school, I had a close friend who was arrested and called a terrorist by the NYPD officers who arrested her for no reason (well…OK…she’s a bit of a pain in the ass, but committed no crime).

When a client hires me I fight the charges against them with everything I have, regardless of guilt.  Sometimes, though, I get calls from people who were already convicted; often wrongfully convicted.  The effect a wrongful conviction has on someone’s life is immeasurable.

I recently got a phone call from a man named Will.  I never represented Will in any way, but he got a hold of me one day and shared his story.  He has asked me to share his story with you.  His is one of the many stories of a life destroyed by a false accusation and a system too eager to convict in the face of shaky evidence.

Will recently finished serving a 3-year prison sentence.  He lives in Northern California in a tent.  Will never committed a sex crime in his life, but is a convicted felon and required to register as a sex offender.  Will is denied employment, housing and even common decency because of his record, but should never have been convicted and incarcerated.

The alleged crime that ruined Will’s life was that of spousal rape.

Will, the criminal justice system failed you.  When Will called me, I asked him what he was hoping to achieve.  He told me that he wanted his life back.  He wanted the courts to set the record straight.  He wanted to take back the years he spent in a cage. 

While it breaks my heart that none of these things can be achieved, I want this article to bring awareness to an important issue.  In Domestic Violence cases, it is not uncommon for a victim to recant.  A battered spouse will often refuse to testify against the person they love and share a life with. 

But how far is too far in pushing someone to testify?  In Will’s case, his wife suffered from significant mental infirmities.  She had difficulty keeping track of even the most simple details.  The interview of Will’s wife that served as the basis for the charges against Will clearly shows someone unaware of what is going on.

Will’s wife couldn’t remember where she was married, asked whether she had initially contacted the police and denied ever being forced to have sex with her husband.  In fact, during this interview, Will’s wife told the police that she always wanted to have sex.

Despite this glaring weakness, the prosecutor in this case decided to move forward with charges.  While our criminal justice system claims to make avoiding false convictions a priority, false convictions are inevitable wherever there is a zealous advocate for guilt. 

German philosopher Friedrich Nietzsche once said “distrust all in whom the impulse to punish is powerful.”  These words perfectly describe the type of person who wants to fight for the side of proving guilt, even in the face of strong evidence to the contrary.  Unfortunately, taking joy in the misery of others is all too common of a human trait. 

Worse yet than the prosecutor’s overzealous pursuit of a conviction, was the complete failure of Will’s own attorney to properly explain the evidence to him.  Will’s attorney in this serious felony matter just wanted to be done with the case.  He encouraged a guilty plea despite the weak evidence in the case and showed a complete disregard for his client’s needs.

Attorneys who accept appointments must have the skill necessary to defend the accused, but must also keep in mind that court appointed clients are just as important and deserve the same attention and care as clients paying for our services directly.  There is no room for laziness and no room for greed.  Fighting against an already oppressive system, criminal defendants need someone passionate, aggressive and knowledgeable on their side.

Will may or may not still have legal remedies, but I want his story to serve as a warning and as a motivator for my colleagues.  Public defenders, appointed attorneys and even private counsel who do a lousy job in order to dispose of cases quickly need to see what doing so can do to a person.  As lawyers we have deep ethical obligations, but none are more important than to zealously advocate for our clients.  Operating a case mill might be efficient or profitable, but its wrong.  Dead wrong. 

A false conviction, especially one followed by a long prison term, can ruin someone’s life.  Not only does Will’s record hold him back, but this experience has destroyed his ability to trust others, including the government that was so quick to punish an innocent man.  Will is ashamed by what his country and his fellow man did to him.  A descendant of President John Adams, Will has experienced a criminal justice system that our founding fathers would be ashamed of.

I hope that in time Will can get back on his feet, but I can see the vast obstacles standing in his way.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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