Criminal Defense
The art and benefit for a criminal defense lawyer to listen and engage
Essential is always for me to welcome and invest the time in actively listening and engaging with my clients. Pearls of getting closer to victory often result when least expected through my spending sufficient time with my clients in my office, on the phone, in...
When the horse/judge throws you off the saddle, you understand the horse/judge better
Some judges seem to take delight in trying to dispirit lawyers. Others do unintentional things that dispirit lawyers. The right lawyer is hard to dispirit. Being dispirited interferes with powerful battle.
Miranda’s Limited Powers: Blurts, Twilight Zones, Searches, Pre-Custody, Civilian Questioning, Delays, & Cross-Exam
"I was never read my Miranda rights," many of my clients insist. That claim is the beginning, rather than the end, of the inquiry
SCOTUS bars capital sentencing recommendations from victims’ families
Today's Bosse decision is more monumental than might first meet the eye. The United States Supreme Court has at least three justices that are very friendly to preserving the death penalty.
Getting a theft case dismissed through teamwork with my client
Early on with my criminal defense clients, I develop an action plan for the work ahead for me and my client, with the goal of improving our chances with case negotiations, any trial, and any possible sentencing.
A Criminal Defense Lawyer Needs to Help the Jury Avoid Buyer’s Remorse
The right criminal defense lawyer truly can make the difference between a favorable and unfavorable trial outcome, not only through case preparation, but by fully internalizing and well-executing the importance of the lawyer's role in swaying the jury in the right direction.
Criminal defense clients are not to be kept at arms’ length
If I keep distant from a client, I do not fully know my client. If I do not fully know my client, I cannot fully and persuasively convey to myself, the jury, the judge and the prosecutor who my client really is.
The importance for police and all people to practice de-escalation
The aftermath of the September 20, 2016, fatal Charlotte police shooting of Keith Lamont Scott includes police insistence that Mr. Scott was displaying a handgun, and his family's claiming the opposite. (Finally released police video footage of the shooting is here.) Even assuming for argument's...
Justice Dept & FBI trash PCAST forensic evidence report for findings they did not want to hear
The Justice Department's and FBI's trashing of PCAST's Report is the very definition of confirmation bias, through trashing a Report whose findings the Justice Department and FBI did not want to hear.
Beware having criminal defense clients testify
A testifying criminal defendant is on the witness stand only to answer the posed questions and tell the truth. Certainly, the criminal defense lawyer is obligated fully to prepare his or her client to testify