Disclaimer: CBS owns WaT and the characters. Only the OCs are mine.

Spoilers: Off the Tracks and any Danny backstory through Season Three

A/N:Thank you for the reviews.They really encourage me.

Mariel – Thanks for your help.

Since Danny was involved in a case, he wasn't able to meet with Maddie again until the weekend. He understood that she still insisted on meeting at her office. He knew she couldn't afford to make things too personal with him. So on Saturday morning, he met Maddie in the lobby of her high-rise office building.

"Nice digs, McGrath. I always knew you'd end up in one of these places," he said as he approached her in the opulent lobby.

She gave him an annoyed smile and responded, "I just wish I actually spent time here. Most of my work is done at the courthouse and at the Legal Services of Manhattan. I think the partners here are about to start charging me rent. The only time they are happy with me is when one of my cases makes the papers."

"Well, they should be pretty happy then," he said as he followed her into the elevator. "I read the piece in the Times last year."

"That was one of my finer moments. Unfortunately, most of my cases aren't sexy enough to break through too often."

Danny smirked as his mind immediately trained in on her use of the term 'sexy'. He was about to make a suggestive comeback, but then decided against it. Instead, he changed the subject. "How did the meeting with Raffi go?" he asked as he followed her onto the 55th floor and down the corridor towards her office.

"Fine. He and Sylvia seem very committed, but I don't think that's enough," she said as she took a seat on the couch in her office. Danny took a seat in the chair next to the couch and started to take out files from his bag.

"I found a few cases that are similar to Raffi's. This guy got off with time-served and six months in a half-way house," he said handing her a file.

She took a minute to review the file and then looked up at him. "This was his second offense. There's a world of difference between a second and third offense. And this guy never had a violent act on his record. Rafael did nine years for aggravated assault. Juries see that and they won't want to set him free with a slap on the wrist."

"I know, but we are talking about a trafficking charge—a non-violent offense. He wasn't dealing, and he was the one who was assaulted. Luiz Vega hit him over the head and took off with the drugs."

"And Luiz Vega is looking at hard time," she responded while nodding her head. "Unless we can perform some sort of miracle, so is your brother."

Danny sighed deeply. "Don't say that, Maddie. I have to help him. He can't go back inside for twenty years. He won't survive."

Maddie looked at him sympathetically as he raked his hands over his face and hair. She couldn't remember the last time he'd called her by her first name. McGrath wasn't even her legal name anymore, but he still used it. "Our best shot is to make a deal," she responded hopefully. "The DA's office is shuffling his case around, but I'm hoping they nail down an ADA soon. Then I'll know better what kind of leeway I have. And I still haven't given up on Vice or the DEA. There have to be much bigger fishes involved in those drugs than your brother and Luis Vega. I believe that if Rafael could roll on someone that they would be appreciative. It all depends on what Vega has already told them."

"I know you'll do everything you can," he responded quietly.

"I did get him a slot in a locked down treatment facility. I even got him in a sixty day program. At least he'll get some help," she said reassuringly.

"How'd you swing that?" he asked as he smiled appreciatively.

"I know someone who owed me a favor," she replied with a sly smile and then asked a question she'd been waiting to ask since meeting Rafael. "Can I ask why this is so important to you? I mean I was impressed with Rafael, but after looking at his record and what happened to you because of the trouble he was in when you were kids—I wonder why you care so much now."

"Raffi's gotten some bad breaks. He's never been able to get on track. And lately, I've kind of felt responsible for that. I shouldn't have ignored him after he got out."

"He has a support system, Danny. He has a girlfriend and a son. He had a job. A lot of parolees come out with a whole lot less."

"Sometimes I think that made it harder. There was too much pressure on him."

Maddie nodded. "Well, I seriously doubt that you are the reason he is in this mess. I think what you're doing is pretty admirable considering your history with him."

Danny gave her an inquisitive glance. "How much do you know?"

"A whole lot more than I ever knew when you were one of my closest friends," she replied with a little sadness.

"I'm sorry—"

"Don't. Don't apologize. That was a million years ago. I shouldn't have mentioned it."

"It does seem like a lifetime ago, doesn't it?"

"Yep."

"How is Jason?" Danny finally asked referring to her husband.

She closed her eyes for moment and nervously tucked her hair behind her ears. "He's fine."

"Does he know you're helping me?"

She smiled. "I haven't told him."

Danny gave her an uneasy glance. "You should tell him, McGrath. I don't want to cause any—"

"We're divorced, Danny," she said bluntly.

He sat back in his chair. "I had no idea," he said he glanced at her ring finger which still wore a gold band. "Since when?"

Maddie looked at her hand. "I haven't taken it off. I'm not pining for him or anything. It's just easier this way. I hate dealing with the questions. It's been almost a year."

"I'm sorry. I'm so sorry," he said genuinely.

"Oh please, Danny. I know what you are thinking. You're thinking it is probably seven years overdue. You never thought we were right for each other."

"I was a cynical bastard back then. And most of my thoughts were completely self-absorbed. I really am sorry to hear about this, McGrath."

Maddie smiled slightly again. "That's another thing I haven't done. I haven't changed my name back to McGrath. When I hear you say it, it makes me want to change it back."

"You'll always be McGrath to me," he responded quietly before continuing, "What happened with you and Jason?"

She sat back against the couch and swallowed hard. She wasn't sure she wanted to go into it, especially not with Danny. Something about the way he looked at her, though, compelled her to tell him.

"It wasn't one thing. It was my career. It was his career. It was two years of trying to have a baby with no real luck. And truthfully, I wasn't ready to have a baby so I wasn't trying very hard. When he realized that, he couldn't take it anymore."

"So he left you."

She nodded. "And his job. And Manhattan. He took a teaching job in New Hampshire. The last I heard, he'd met a Women's Studies graduate student. They are engaged and she is pregnant. He and I have actually stayed friends, which was important to me."

"I wish I could say the same. I always wanted to re-connect with him, but the last time I saw him he seemed more than uncomfortable. He was the US attorney in a case I worked a few years ago. He was still pretty pissed off underneath his professionalism."

"I remember. He barely spoke to me during the whole trial. I knew the days he had to deal with you because he wouldn't speak to me at all."

"Sorry—"

Maddie held up her hand and shook her head. "It's over. We've all forgiven, but clearly it's much harder to forget. We shouldn't look back, Danny. Let's just focus on Rafael."

"Okay," he replied while nodding his head and pulling more files out of his bag. "I have six more cases that we can reference, and—"

"Why aren't you practicing yet, Danny? Why are you still a FBI agent?" she asked suddenly.

Danny looked up from the files at the table. "I like what I do. I like working missing persons."

"Yeah, but you loved litigation. I can't believe I haven't met you across the table as a prosecutor. Did you ever take the bar?"

"No," he replied shaking his head. "I've actually been studying to take it for the last year, but now with Raffi—there just aren't enough hours in the day. The test is in two weeks."

"Take the test, Danny. I'll help you study. I'm sure being an FBI agent is exciting and fulfilling, but you are a lawyer. We used to love watching you argue cases in mock court."

"You always prepared me very well."

"Oh please, it was all you, Danny. Take the test. It took me two times to pass it."

"I'm really strapped—, "

"Hey, no excuses. I'm doing this case pro bono. You owe me."

"I thought pro bono meant no fee required," he responded smiling.

"In your case, I'm expanding the definition of pro bono to include taking payment in trade," she replied returning the smile.

Danny laughed and leaned forward before he responded. "Then I can think of more interesting things to trade than tutoring sessions," he said in a low voice as he locked eyes with her, momentarily forgetting their complicated history.

Maddie held his gaze and got lost in the flirtatious banter, just like she used to, before finally coming to her senses. "Let's just stick to the tutoring sessions, Danny. We'll call it my contribution to the enhancement of the judicial system."

He raised his hands in surrender. "Okay. Okay. I guess I don't have a choice."

"No you don't. Now show me what you got," she said pointing to the files on the table.