Legal Inefficiency and Pro Bono Lawyering

Every once in a while somebody calls me with a criminal case and asks me to defend them.  Three years ago I stopped taking criminal defense cases, but a few months ago a hockey friend called and asked for help.  He was in the passenger back seat of a car that was stopped for illegal tint.  There was a stolen gun without a magazine under the front passenger seat.  There wasn't anyone in the front passenger seat, but the driver of the vehicle had the matching magazine in his jacket pocket.  Let me repeat that, the driver had the MATCHING GUN MAGAZINE IN HIS POCKET.  The driver denied it was his gun so the cops arrested everyone in the car and charged them with possession of a stolen gun.   The penalty for this is one to five years.  

As a prosecutor you never really think about the fact that defendants need to hire a lawyer.  If I was charging a stranger to defend this case my fee would be $10,000.00.  Catch is my friend doesn't have that type of money.  I'm not writing this because I'm a martyr, but this is a case that needs to be prosecuted against the driver with the magazine.  Its an interesting inefficiency because I can see why they don't want to let my guy out, but at the same time its not a case I would want to prosecute if I was on the other side.  One would hope the driver with the gun in his pocket (who was subsequently picked up on another stolen gun charge) takes this and lets everyone move forward.  We shall see.  If not I'll try it.

Side Note: the arresting officer looks like he belongs in the Sabotage Beastie Boys music video.  Amazing mustache.