It seems like the last few months have been a long, continuous slog of various people in the media, hundreds of politicians, and millions of social media 'experts' endlessly trying to compare one new pending criminal charge against another in an attempt to make some kind of statement about fairness.

Criminal Cases Are Not Created Equal

I call it a slog because it's patently ridiculous. As any criminal defense attorney could tell you. Every criminal case is unique. Different. Criminal codes differ - sometimes wildly - between federal and state, state to state, county to county, city to city. One city's misdemeanor is another's felony - depending on the circumstances.

Charges Depend on Circumstances

Who knows? You could have gotten a $250 ticket and didn't, that's all that counts.

'Depending on the circumstances' could be the watchword for the criminal justice system. There are no formulas for charging someone with a crime, charges are subjective. Don't believe that? Think of a time when you or someone you know were pulled over for speeding and came away with a warning. Why? Maybe you were unfailingly polite to the police officer. Maybe they were having a really good day. Who knows? You could have gotten a $250 ticket and didn't, that's all that counts.

There's been a number of studies conducted over the last dozen years that have concluded that judges hand out harsher sentences on the first court day after the local football team loses. And in the half hour before lunch. And while they're running for re-election or about to be re-appointed. Or maybe not - some of the studies have been questioned. The point is, though, that people are involved in every aspect, every stage of the criminal justice process and people hardly act with uniformity.

Every criminal case is unique, you can dive into what makes the case a case and speculate on how it may play out but trying to compare it to another case is an utter waste of time.

This kind of 'why is he being charged xyz while that guy's getting probation' isn't just a running theme on cable news and Twitter . . . if it was, I wouldn't be writing about it.

The Brother-in-law Syndrome

It can happen with clients and when it does it has the potential to destroy a life. I have colleagues in family law who call it the 'brother-in-law' syndrome. Basically, it's 'that guy' who either 'went through my own DUI and learned things' or 'has a good friend who . . .' and proceeds to tell a client that 'it shouldn't be going down like that for you.'

It's simple: they don't know. They (or their friend) could have been pulled over in the exact same car, had exactly the same blood alcohol level, and appeared in the same courthouse and, still, it is an entirely different case. The simple fact that breathalyzers are intrinsically inaccurate sees to that.

The point is don't talk about your case with anyone, ever. Your case is unique.