Germana Giordano (Italian criminal defense lawyer in New York)

Law and order per gli Italiani a New York: incontriamo l'avvocato Germana Giordano

May 09, 2016 4633 ITA ENG

Movies and TV series on trials and legal issues have long helped Italians learn about the criminal justice system in the United States.

New York has a brilliant Italian criminal defense lawyer. She is a young woman from Bari who helps Italian and American citizens who are struggling with the intricacies of American law. Her name is Germana Giordano and we thank her for her time as well as the support she gives our fellow countrymen.

Germana, was it easy for you to leave Bari and establish yourself as a criminal defense lawyer in New York?

I left Bari in January 1998. Leaving my city was not as hard as leaving my family. It is always hard to say goodbye to my parents at the airport. My parents are amazing. They never saw my decisions as a detachment from something, but rather as a dream coming true.

To me, New York is home. I have a husband and amazing friends that make me feel at home even across the ocean. Since I arrived in the Big Apple, I have constantly shared my experiences with my parents, my sister, and – for the last six months – my nephew Giorgio.

Becoming a criminal defense lawyer has been really tough and fascinating at the same time. On one hand, it was tough because my professional life as a "foreigner" depended on work visas. I didn't have many choices. I was already lucky to be sponsored by American law firms. On the other hand, it was fascinating. After meeting my husband and obtaining first the green card, and then the citizenship through our marriage, I realized that the American Dream was possible.

As a recently married woman, I followed my heart fully supported by my husband and family. I left my well-paid, stable job to follow my American dream of becoming a criminal defense lawyer in New York. My current colleague, criminal defense attorney, Don Savatta, offered me the opportunity to collaborate with him on criminal cases. He hosted me at his firm located at 250 Park Avenue – my current office. He mentored me. I will be always grateful to him.

I subsequently gained a lot of experience working for a not-for-profit organization in Harlem, where I represented indigent clients. At some point of my career, the Italian Consulate General in New York noticed me. After many successful collaborations with the former Deputy Consul Lucia Pasqualini and her brilliant projects, I quickly became – quoting the Editor in Chief of La Stampa – "The Attorney Who Saves Italians in New York!"

Italians are well-esteemed in the US. As a young Italian professional in the US, have you been appreciated for your work?

Yes I have, both for my preparation and professionalism. I believe I owe my success as a criminal defense lawyer to my studies in Italy. The "classical" approach given by the Italian universities allowed me to practice law in a different system, in a different language, with a strong problem-solving approach.

My American University experience offered to me a more specific and tailored training that has undoubtedly enriched me. Yet, I have always kept a "Made in Italy" forma mentis. While, within a specific field, Americans are better prepared, when it comes to unexpected events, if they have not received a specific training, their performance will not be up to the challenge. Coming from a country where exceptions are often the rule, to know how to promptly and properly solve the unexpected is certainly a plus.

What are the main differences between the American and the Italian Criminal Law systems?

There are huge differences between the two, but I think that the main ones concern both the pre-trial and the trial phases. During pre-trial, the two systems present different approaches to plea bargains. In Italy, you can only negotiate a reduction of the sentence. To the contrary, in the US, you can also negotiate the crime, by reducing it to a lesser-included offense. During the trial phase, instead, the main difference is the existence of the popular jury – since the first level. The jury acts as the trier of facts.

The concept of a popular jury has always fascinated me. As a recent graduate who just defended a dissertation on Comparative Criminal Procedure (written both in Italian and English) and after spending an entire summer at the Law Library of UCLA in California, I was not able to understand how a jury made of ordinary people could act as a Court. That seemed odd and dangerous to me, but today I know the answer.

The jury, which is professionally selected by the parties during the "voir dire," is only the trier of facts; it evaluates the evidence by following verbatim the Court's instructions. The Courts makes decisions regarding the applicability of the law. The final verdict can only be achieved unanimously. The popular jury makes the American trial fairer. Being judged by a team of jurors chosen among ordinary people balances out the relationship between the District Attorney's Office and the Court. This balance does not usually occur in within Italian Courts.

Is there anything in American Criminal Law that you think should be implemented in the Italian one or vice-versa?

My suggestion is to reciprocally implement some of the differences between the two systems as the one described above. Italy should certainly follow the American approach to prosecute first time offenders. In my experience, the Italian criminal system is too strict when it comes to prosecute people who experience the criminal system for the first time. Even if we do allow, in specific circumstances, the cancellation of a crime – through criminal rehabilitation, I still believe the Italian Criminal Law system is too strict when it comes to offenses committed by first time offenders.

On the other hand, I believe the American system should adopt our "hearts, our reasonableness, flexibility and common sense." Despite the fact that the American system has a more pragmatically driven structure, it still remains a very rigid system– at times – illogical, as it often lacks a human approach. Our system is more "Constitutionally sound" than the American one.

What are the situations you most often find yourself addressing?

The criminal offenses committed out of superficiality! Dealing with many Italians visiting New York, I often see people being arrested for silly things. Italians often violate park rules parks; they climb fences and chains, simply to take pictures where the access is denied or limited. Sometimes they steal in shops – often they steal at Century 21. Sometimes they jump turnstiles in the subway, without paying the ticket. Once I defended a person who stole French cheese at Wholefood Market!

I also represented Italians fighting in public with their wives, children, in bars or in the street. When dealing with physical fights, the criminal charges become more serious; as a consequence, the cases become more complicated. At times, the courts, during the pendency of a matter, confiscate passports when arraigning defendants prior to release them with or without bail.

At times, I handle much more serious cases involving organized crime, children abduction, international arms- and drug-trafficking, etc. In this type of cases, the Consulate intervenes by assisting the arrested compatriot and his/her family. The effective intervention of the Consulate significantly increases the chances of success in the resolution of a case. I happened to defend Italians in the US arrested at the airport because found in possession of kilos of cocaine and other drugs stashed in their luggage, in football balls, cans and the like.

Without undermining your clients' privacy, tell us about a bizarre case you had to work on?

A couple of years ago, I represented a young boy visiting New York while on vacation who found a credit card on the street. He was confused and did not know what to do with it. He decided to try it and bought chewing gums. When he realized the card actually worked, he promptly brought it to a police station to report he had used it to test if it worked. The moment he returned it to the station, he was immediately arrested for criminal possession of stolen property. That poor guy was frightened and astonished.

This is a classic example that shows the huge differences between the two systems. In Italy, a wrong yet in-good-faith action – such as the one mentioned above – would have never ended up with an arrest. However, the analysis is deeper than what I just explained. Living in an international metropolis, arresting citizens for "minor" offenses is a necessity to maintain the public order. If there were just fines as sanctions to punish silly offenses – like for the non-payment of the subway tickets – life would turn into a nightmare, and we would live in chaos.

What would you suggest young Italians wanting to become criminal defense lawyers in the US?

Let me quote my historical English professor here: "Where there is a will, there is a way." Pursuing a career as a criminal defense lawyer is difficult for an Italian living in the US. Crazy as it may sound, I believe I am still the only criminal defense lawyer practicing in New York who graduated in Italy and specialized in the US. It is an unusual career as it is hard to pursue, from a practical point of view. However, there is always a way to make a dream come true. The US allows you to do that. It is a merit-based country that offers many opportunities.

What do you see in your professional future? Do you see yourself becoming a judge?

Becoming a judge does not really interest me, but if it did, I would manage to make that dream come true as well. One of my university colleagues from Dominican Republic has just become one. Now we regularly see each other at Manhattan Supreme Court, where she presides. Dreams come true in the US. My dream is to keep making a difference with my job.

Is an improvement in the legal cooperation between Italy and the US possible? How so?

I think there is already a lot of collaboration. For example, I represented someone involved in a case named the New Bridge. New Bridge is a good example of a case prompted from the cooperation between the FBI and the Italian authorities. It was a prominent case involving 'ndrangheta. In that occasion, I observed how significant the collaboration already However, I still believe, there is always room for improvement.

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