While you’re in trial, when they call a witness to the stand, they don’t have to give you the statement until it’s time to cross examination the witness. At this point, you have to take that time to read the statement and go in there and do your cross unless you can have a reason to put it off until the next day or the following week.
Benjamin Briggs: So you have to be a pretty quick thinker as an attorney?
Rex Butler: You definitely have to be a quick thinker and you have to have the ability to call on the that knowledge that you have from experience and know what questions to ask even though you haven’t had this material for long.
Benjamin Briggs: Drug addiction; how is this issue addressed within the court system?
Rex Butler: They put drug attics in jail. Unfortunately they know putting a drug addict in jail doesn’t help the person very much. They will get physically rid of the drugs but not mentally rid of the drugs. As long as they have that mental attachment, when they get out they’re going to go use more drugs. It’s just that simple. There maybe some exceptions to the rule but for the most part, without treatment….I had a case where my client received close to two years for a sentence. He had to do about 16 months total but he was an addict. When they let him out of jail, he walked from the downtown jail on 4th Avenue downtown, managed get himself some drugs, got high and I overdosed. He died downtown and never made it home.
Benjamin Briggs: We see a lot of that in this city. Sad story, but I believe that drug abuse could be addressed in a more practical matter, but it is your interview/
Rex Butler: You are right, but they have to address it. Because when you send a person to jail and you don’t have a sufficient program in the jail to help people get their head on straight, they may not do very well. Of course, they can come out and start treatment…but again, they need that middle amount of time to get better.
They can and they should but I’m not sure that’s happening because they are cutting programs in the jail because of budget. Did you know the federal government has a 500 hour course in jail? These programs take time off your sentence and everything. They give sufficient incentive for a person to take the 500 hour course. You can lose as much as a year and 56 days off of your sentence; practically 14 months by taking this class.
The state does have a program like this. They have this RSTAT (Residential Substance Abuse Treatment Program) program. I don’t know how well that program works because the state and there’s statistics talk about the recidivism rate in a negative light. Obviously the program has its limits in terms of size and ability to inmates. A large majority of inmates have substance abuse issues, whether its alcohol or drugs. If it wasn’t for that, jails would not be overcrowded.
Benjamin Briggs: You brought up an important point. It seems that the legislative cries out about recidivism and people not going back to jail but yet once a person is back out here in the world. As an attorney how do you view when a person actually strives to get their lives together and then they can’t get pass that glass ceiling because of their criminal history. In order for a person to do better, a person has to be allowed to elevate themselves. Of course, you have to pay the bill for the things that you have done in the past, but when is the bill ever paid?
Rex Butler: There are instances where a person is set up to fail. The system does not adequately address that. When people come out with that minuscule amount of money without the understanding that in the real world cost to live and survive. You will have a problem because most businesses won’t hire felons.
You have people who come out of jail and really don’t have a chance. Sometimes they’re already depressed. They have pain and post traumatic stress issues, and they have difficulty making it in the real world. So they go to drugs.
 Why should a potential client hire Rex Butler and Associates?
We believe in the work we do, number one. We believe in our clients and don’t judge anyone. We don’t care what the charge is. And we are competent. We have knowledge here. Not only do we do motion work, we do trial work. Collectively, the team that I have here, I can put them up against any team in the State of Alaska. We also represent military.
What parting advice would you give our readers and listeners concerning criminal law?
When you are confronted with a situation where a police officer wants to talk to you about the commission of an offense, you should not say anything without the presence of a lawyer. You must adhere to the Miranda right to remain silent. That silence cannot be used against you. If you waive that right everything you say will be used against you. 90% of cases settle because the defendant already cooked their goose by making a statement. If you want a chance in the fight at all…keep your mouth closed.
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