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Criminal Defense

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Engage people as participants in the circle of the story

Once the persuader fully immerses himself or herself into the circle of the story, and fully engages others from that circle, they will be more likely to want to join the persuader in that persuasive circle.

Negotiating and talking with prosecutors in the right zone/circle

In the taijiquan martial art that I practice, we have the concepts of sparring inside a circle, disrupting the opponent's circle, and preventing the opponent from disrupting our own circle. Similarly, it is ideal for me to speak and negotiate with prosecutors in a proverbial...

Virginia adopts the police collective knowledge doctrine

Today, the Virginia Court of Appeals adopted the police collective knowledge doctrine that already applies in federal courts. Edmond v. Virginia, ___ Va. App. ___ (Aug. 2, 2016). Under the collective knowledge, "an officer is justified in acting upon an instruction from another officer if...

A prosecutor who wants justice will walk that walk, not the contemptuous path

"The duty of the prosecutor is to seek justice, not merely to convict." American Bar Association's standards for prosecutors, Standard 3-1.2(c). Some prosecutors apply that principle so well that when they later switch to private law practice, their criminal defense lawyer colleagues welcome them into the...

Even one ounce of anger or tension can miss the winning opportunity

Yes, the world is filled with too many people too often acting like heartlessly dangerous people. Part of my job is to defuse, shrink, disintegrate, disinfect, and deflect the unseemly and dangerous actions of others, and to extract the gold that can even be found...

In the criminal defense battlefield, expect the unexpected

If a court case were cut and dried, then fewer unexpected turns of events would occur, and the cost of the defense could be better contained. However, if a criminal defendant wishes to maximize his or her chances of obtaining as much success as possible,...