Warning: This article contains spoilers for The Lincoln Lawyer Season 3.
Netflix The Lincoln Advocate Is known for his legal realism, properly representing many aspects of the law and court cases while bending others for dramatic purposes. Based on the books by Michael Connelly, the show follows a defense attorney named Mickey Haller who is known for two things. One, he works out of the back of his Lincoln cars, and two, he almost always gets clients away. Like any great space drama, The Lincoln Advocate Takes creative liberties with the legal aspects, favoring storytelling over 100% accuracy.
Despite how TV shows and movies present it, the law and court cases can be very slow, boring and pedantic. however, The Lincoln Advocate Finds a way to balance real foundations of the legal profession with exciting storytelling. From Andy’s Cruz Waiver to trials in absentia, the writers put careful attention into representing the judicial system correctly.
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First-degree murder with special circumstances carries a different penalty than other types of murder
Lisa Trammell was eligible for bail, but Julian Le Cosse was not
In The Lincoln Lawyer season 2, Lisa Trammell qualifies for bail, but she decides to stay in prison because she is not ready to sell her restaurant to pay the amount. However, Julian La Cosse is stuck in jail until the trial without the option of bail in The Lincoln Lawyer season 3. The two have different experiences because Julian has a special circumstance enhancer to his charge. There are some special circumstances that can be added to a murder charge. In Julian’s case, Glory Days died with smoke inhalation because of the fire in her apartment by the killer.
As shown in The Lincoln Advocate Season 3, In LA County, a defendant charged with first-degree murder becomes ineligible for bail when a special circumstance is imposed on the charge. According to the county’s 2024 Felony Bail ScheduleAll other murders have a bail amount of $2 million, which can be argued higher or lower depending on the circumstances. However, it is important to note that bail amounts differ between counties and states.
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The prosecution must turn over evidence to the defense
Mickey Haller complains that the prosecution did not present any witnesses
During The Lincoln Advocate Season 3, Mickey complains to the judge that he has not received pieces of evidence like the autopsy report or the hotel surveillance. In the first case, William Forsythe (the prosecutor) says that they only received the document itself. In the latter case, he tries to deny that he saw it, although his interrogator has the evidence. The interactions point to one part of the law that The Lincoln Advocate is correct.
Except for theories and strategies – called “work product” – The prosecution is required by law to turn over all evidence to the defense With enough time for them to evaluate it and incorporate it into their defense, ensuring a fair trial. In contrast, reciprocal discovery rules vary between different jurisdictions. In California, the defense is required to provide the prosecution with the following (via NOLO):
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Witness lists and contact information
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Witness statements
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Expert reports
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No tangible evidence they plan to present at trial
These rules are part of the reason why Mickey did not want the court to know that he had the surveillance video. If he failed to share the evidence, it could negatively impact Julian’s case, but if the prosecution didn’t turn it over, it could positively impact the case.
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Judges’ biases can affect their court cases
Mickey’s team uses judges’ biases to achieve the outcome they want
Along with pointing out flaws in the policing system, The Lincoln Advocate Season 3 also shows that judges are not actually impartial. Lorna knows about her judge’s background working on ADA compliance, and she uses that to her advantage in the Sam Scales case. Mickey also realized how good of a position he is in because Judge Regina Turner used to work as a public defender, pointing to a softer implicit bias towards defendants. The Lincoln Advocate Gets this aspect of the law right. Whether the judges will admit it or not, they are not impartial, no matter how hard they try.
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The fact is that judges are people with the same implicit and explicit biases as everyone else. A good judge will try to confront their biases to appear as neutral as possible. California also provides mandatory bias training, which can help reduce bias in the courtroom. Unfortunately, judges may believe that they are better at setting biases than they actually are, because overconfidence is a flaw of the human condition. Ultimately, people are not machines, so there is no way to guarantee impartiality.
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Court cases move extremely slowly, especially for felony charges like murder
Julian stays in prison for nine months between his arraignment and trial
After the arraignment, Mickey reveals to Julian that the waiting time for the trial will be around eight months. The Lincoln Advocate Time 3 timeline confirms that the case took nine months to go to trial. The idea that trials happen quickly is one of the biggest misconceptions caused by legal dramas, and the Lincoln lawyer is correct in that murder trials across the United States can take months to years from the arraignment to begin.
However, there is one small part of the picture that they get wrong or brush over. In the state of California, defendants have a much shorter waiting period than they would otherwise, because there are limits on the amount of time at each stage leading up to the trial according to Section 138 of the California Penal Code. A defendant must have their arraignment within 48 hours of arrest, and a pretrial hearing must generally take place within ten days of the statement.
The prosecution then has 15 days to submit information. The trial must then begin within 60 days of a defendant being charged on information, unless they waive their right to a speedy trial. All things considered, the shortest time Julian would have to stay in prison is around three months, but it seems likely that Mickey had to waive his right to a speedy trial to ensure a thorough preparation for the murder trial.
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A case could (theoretically) get a mistrial because of a violent outburst
Mickey plans for his client to attack him to get a mistrial
One of the most shocking moments early in The Lincoln Lawyer season 3 is the outburst of Mickey’s defendant during the trial. The questioning of the witness does not go well, he goes to talk to his client, who shouts and hurts him. Due to the outburst of violence and the blood dripping down Mickey’s face, the judge grants a mistrial, saying that the incident will prejudice the jury. Violent outbursts may not be the most common thing in a room, but the response to the situation was actually correct.
Misconduct in a courtroom can lead to a defendant being dismissed rather than a mistrial. Additionally, judges can continue a process in which prejudicial statements or actions occur by providing curative instructions. However, the court case United States v. Money Held that repeated misconduct or violent outbursts prejudice the jury in an irreparable way, preventing a fair trial.
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Based on this precedent, it is highly likely that a judge will grant a mistrial for a physically violent outburst that frightens the jurors and results in blood, as they would not be able to correct the prejudice. After all, continuing with an irreparably prejudiced jury can lead to a conviction being overturned down the line. Ultimately, the decision comes down to the judges, though.
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The judge has the final say when it comes to witnesses and witnesses
Judge Regina Turner screens all witnesses and witnesses before approving them
in The Lincoln Advocate Season 3, the judge screens Mickey’s witness list, the surveillance footage and the police investigation video. In each case, it regulates whether they will be allowed in the process. Many of Mickey’s testimonies were not allowed to go in front of the jury because they were considered irrelevant to the case. She allows the surveillance footage. In addition, she inserts the interrogation video into evidence after hearing arguments about whether it should be suppressed or allowed. Then, to the end of The Lincoln Advocate Season 3, she had Officer De Marco testify in front of her without the jury present.
These are examples of what happens in a real court case. The judge screens everything that enters the court, deciding what is allowed and what is not allowed. They have the final say when it comes to admissibility. If they believe a piece of evidence could confuse or mislead the jury, they have every right to exclude it from the trial. Sometimes, as in the case of De Marco’s testimony, they will do what is called “blanking.” This involves limiting evidence to yourself and the lawyers until they can decide whether it is admissible.
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Lawyers usually juggle multiple cases at once
Lorna and Mickey have a variety of cases they handle at the same time
While most legal dramas focus on a single case at a time, The Lincoln Lawyer diverges from the norm by showing Mickey and Lorna taking on multiple cases at a time rather than putting all of their attention on a single case. This allows the show to be both a serialized format and a case-of-the-week format, keeping things fresh and interesting while maintaining the overarching narrative integrity. In fact, one of the best episodes of The Lincoln Lawyer season 3 shows Lorna’s first day as a full-fledged lawyer. She jumps from one case to another, trying to be everywhere she needs at once.
In addition to being hilarious, her and Mickey handling multiple cases at once is extremely realistic. Although the number of cases that a lawyer has at one time varies, it ranges anywhere from 10 to over 100, depending on the specialty, location and demand. It is highly unusual for a lawyer to ever have a single case at a time, especially since the legal process for each case can take a long time.