Close X

Two Recent Appellate Reversals

The Constitution is Never a Technicality

Posted by Benjamin Goldberg | Feb 26, 2016 | 0 Comments

For the last 4 years, I represented a young lady whose murder conviction was overturned on appeal. I was hired for her retrial. She was released on bond shortly thereafter, and lived the next 4 years with the case hanging over her head. The case was recently dismissed following a successful motion to dismiss based on a violation of her constitutional right to a speedy trial. You can read a recent news article about it here -- http://www.timescourier.com/contentitem/398599/1252/woman-imprisoned-for-murder-as-teen-released-on-appeal-will-not-be-retried-in-case

During the hearing on our motion to dismiss, the prosecutor started to argue that the case should not be dismissed based on a technicality. The judge was offended by this comment, as she should have been. She corrected the prosecutor by asserting that the Constitution is never a technicality.  

The Constitution is important to all of us and to the freedoms we enjoy as citizens of this country. It is particularly important to the criminal justice system, where we are guaranteed certain rights in order to ensure that injustices don't occur. When I was in law school, someone told me that being a criminal defense lawyer means more than just protecting the rights of our clients. We protect our own rights by protecting those of our clients. If the rights of our clients are violated, then everyone else is vulnerable.  

About the Author

Benjamin Goldberg

Ben has known since college that he wanted to become a criminal defense attorney. At Northeastern University in Boston, Massachusetts, Ben majored in criminal justice with a focus on pre-law. This helped prepare him for law school, when he returned home to Atlanta, Georgia and attended Georgia State University. While in law school, Ben gained valuable experience during externships with the Georgia Innocence Project, the Federal Defender Program and the Georgia Public Defender Standards Council.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

"Without a Doubt the Best"

"I would highly recommend Ben. There were not any surprises or extra costs. He was very clear on what to expect. Even more impressive was what happened before I went to court and while in court, everything happened exactly as Ben had told me it would. When I was in the court room and Ben needed to make things happen, he was so articulate I felt as though I had an entire team of lawyers."

"Truly an attorney with not just intellect but heart!"

"When Mr. Goldberg came into my life, he went against all odds, believed in my innocence, fought for my justice, and supported me as my lawyer and my friend. I personally believe that when Mr. Goldberg chose to practice law, his goal was not money nor prestige, but was only the well-being of the client. More specifically, he values the lives of the individuals he represents and provides them with the best defense to see to it that justice is served."