Connecticut Post columnist Ken Dixon wrote a column recently in part about the Green Party’s stance towards decriminalizing drug possession. He starts by mentioning the cost to the State for housing inmates.
I was glad to see the article published, because I fully support any small nudge towards sensible drug policy in this country, and it has to begin with decriminalization. However, I have to profess I was amused by this part of the article:
At the intake end of the system, defense lawyers make millions trying to keep dealers and users out of the slammer. So if the Green’s ideas of decriminalizing small amounts of marijuana and turning cocaine and heroin into prescription drugs were realized, does that mean more defense lawyers would be driving Chevys instead of Mercedes?
I suppose it is technically true that “defense lawyers make millions” on all cases combined, because there are millions arrested for drug offenses. However, unlike TV and the movies, where “drug dealers” bring suitcases full of money to their lawyer’s office on a regular basis, in real life the truth is that defense attorneys often charge very low amounts for representation on drug charges, compared to other offenses that carry the same or similar penalties.
Personally, I do that for two reasons: #1) the truth is, low level offenders make up most of those arrested for drug crimes, and they don’t have much money to start with and #2) more importantly, I charge less often in these cases for philosophical reasons. I have always been a supporter of decriminalization.
Almost every criminal defense lawyer I know (and some prosecutors) fully support decriminalization efforts which would theoretically take money out of their pockets. Ever heard of the NORML Legal Committee? It’s made up of defense lawyers, not prosecutors, I assure you.