LIFE LESSONS FROM OUR MISTAKES

Today, I want to talk about learning from our mistakes, and life lessons that come from those mistakes, even to those in a courtroom who believe they never make them

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About a week ago my partner, Prince Charming, asked me to prepare a motion to suppress evidence based on an illegal detention and search.  It was at this hearing that a life lesson was taught to a very eager, and very good district attorney intern, but was lost on the prosecutor supervising him.  Let me explain:

It was a simple thing, actually, our client was a passenger in a car in which the driver was stopped for DUI investigation.  As part of the investigation, our client, even though a passenger, was asked to step from the car.  He was then searched for officer safety, which meant the officer could do a pat-down search for weapons.  Weapons that can be easily felt through clothing, and pose an immediate risk to the officer.

As it turns out, the officer went a little deeper than a pat-down and went into our client's pockets and found a teeny, tiny single pill--an ambien sleeping pill which did not belong to our client.  The pill was clearly not a weapon, and curiosity is not sufficient for an officer to search further without a clearly articulable suspicion that the object they feel is contraband.  Here, the officer clearly did not have that suspicion.

There were other issues with the case besides the search.  But that is not relevant to this matter.  What is relevant to this story is that the judge told Prince Charming and the intern to "settle the case", which is judge-speak for this is a crappy case (again, a legal term), and the parties would not be happy with the judge's ruling.

The matter was settled, however the plea was not taken until after the lunch hour, at which time the intern did further research and the new supervising prosecutor wanted him to re-open the case.  This was clearly wrong on two levels.  First, the prosecution had "rested" which meant they were through with their case.  And, secondly, one a deal or plea bargain is struck and depended on by the defense, the prosecution should never go back on their word.

That is when I interceded because Prince Charming can sometimes be too nice.  I told the new supervising DA "NO", that the kid could not re-open, and it was improper for her to ask that he be allowed to do so.

Whoa!  Evidently the district attorney's office is not longer teaching manners to their new prosecutors.  She went off on me, and call me as close to the "B" word as she could get.

So, now let me explain the life lesson--

YOU ALWAYS LEARN MORE FROM YOUR MISTAKES THAN FROM YOUR SUCCESSES!  WHEN LIFE GIVES YOU WHAT MAY BE PERCEIVED AS A DEFEAT--LOOK CLOSELY, IT MAY BE A LESSON FROM THE UNIVERSE TELLING YOU TO BE MORE CAREFUL NEXT TIME.

The intern will never forget this mistake.  How do I know this?  It is because every time I made a mistake or lost a motion, I NEVER FORGOT THE LESSON.   In victory, we celebrate, but sometimes forget to make note of what we did correctly.  Losing, is hard, and the lesson always sticks.

So, remember, if you lose at something you attempt, it just the Universe telling you to make a note of this mistake, learn from it, and never make it again.

Love and peace all of you out there.  Happy mistaking!
Mary de la Pena, author and attorney
www.delapenalawoffice.com
www.marydelapena-author.com

TARA RECOVERING

I am glad to tell all of you that thanks to the wonderful doctors and technicians at the California Veterinary Specialist in Ontario, Tara is now on the road to recovery from her nearly fatal bout with pancreatitis.  It is with a grateful prayer to the Almighty that I thank Him for interceding on her behalf, and letting her live, though for awhile I doubted both His benevolence and her desire to live.

About two weeks ago I was agonizing over the decision on whether to let Tara continue with her treatment for the extremely painful condition, or let her humanely slip into doggie heaven.  It was a decision that was painful for me because I had previously promised her I would never let her suffer like I had done with her earlier companion, Katie.

But, Tara's heart was strong, and the doctors kind.  They kept telling me that the inflammation was receding, and her intake of fluids was good.  All she needed was rest, access to water, and the belief she would get better.

My strength was tested when Tara did not eat anything for eight days.  She would sniff at cookie treats then turn her head away.  This was not my dog!  No, my dog always ate everything offered to her--after all, she is a Rottweiler, and Rottweilers work for food, no, they LIVE for food.  But, for eight solid days my precious dog turned away from food.  She was shrinking in size before my very eyes.  My precious, strong, brave dog was passing, maybe even dying.

It may have been all of your prayers that lifted her up, but on the eighth day, she ate a spoonful of canned food.  Then she ate another spoonful of food.  Soon the can was half empty and she lay down, slept, then when she awoke, she ate the other half of the can.  As quickly as it all came on--it was over. My dog was eating, sleeping and drinking.

My dog lived.  Tara LIVED!  She once again is climbing the hill behind our house.  She once again is teasing our cat Boo Bear, herding him all over the backyard.  Tara is guarding the front door, just like before, and Tara again is sharing Prince Charming's and my bed at night.

Thank all of you for your prayers.

Mary de la Pena

author of Scruggs and Samantha, How a Shelter Dog and Kitten Saved Cinderella's Marriage.  

http://www.amazon.com/s/ref=nb_sb_noss?url=search-alias%3Dstripbooks&field-keywords=scruggs+and+Samantha

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DREAMER 9-BRAVE or STUPID?

The nine young people who linked arms at the United States/Mexico border to protest unfair immigration laws and deportations by the government, known as the Dreamer 9, were released by the immigration court on their promise to appear in court when their case is heard, probably multiple years from now.  It was not the protest of the many that set them free, but rather it was simply the workings of the immigration court.  With too many people needing to be processed, some must be released.  The obvious choice was to release those who pose the least risk to society--hence nine young people without criminal records.

However, with these young protesters now safely back in their homes in the United States and a court date far in the future, the question arises: Were they brave to stand-up to the powerful Immigration and Customs branch of the United States government, or were they brashly ill-advised youngsters?

From the the comment posts on multiple news websites it would appear that these nine people have more to fear from current citizens than from the immigration court.  The hatred, anger, angst and vitriol leveled at them is immense.  Yet, I submit to you that without protest, without someone standing up and doing something that appears reckless and ill-advised, or even illegal, our society is never pushed to change or face its prejudices.  The "9" had to know that they would be incarcerated.  They had to understand you cannot poke the bear and not expect to be bitten.  Yet, they linked arms and dared our government to react, which of course it did.

Now, after a couple weeks in confinement they are free until their next court date.  Having worked immigration cases for clients who have run afoul of criminal laws, I know that their cases will take at least a year, maybe longer, given the backlog facing the Immigration Court.  Will we even remember their act of civil disobedience? I doubt it, but maybe by this small act it will breathe life into the Dream Act.

I have spoken out on the Dream Act before today.  I believe those who have come to this country and seek to make it a better place though service and education are more American than some who have their citizenship given to them by birth.  Because I deal with the lawless and feckless on a daily basis as a criminal defense lawyer, I see the wreckage foisted on society by those who commit heinous crimes against individuals and society as a whole, I am left to wonder who truly is more American?  Those who are brought to this country as youngsters, raised in this country, work hard, earn and education, and provide service to this country; or the criminals who take life, property and too many of our tax dollars to incarcerate them.

So, riddle me this, who is more American?  And, were these young people brave, or just showing the brashness of youth?

Mary J. de la Pena,

Criminal defense lawyer, author--Examining fear and the darker side of human nature to find the hero within. 

Visit me, or post comments at:

http:www.delapenalawoffice.com or http:www.marydelapena-author.com