Criminal Defense
Virginia — The land that turned its back on Jencks
Virginia has not joined the jurisdictions that require providing criminal defendants a prosecution witness's written statements and substance of oral statements after the witness testifies for the prosecution. This rule is known as the Jencks Act, 18 U.S.C. § 3500. All federal prosecutions are governed...
Owning the Courtroom and World Stage Through Vibrating Highly
When fully prepared for the day's curveballs, merely annoying or otherwise offensive words are more likely to roll off my back like water off a duck's back. High vibration and high energy diminishes low energy, at least in perception, and such perception is critical. When...
Is misconduct so deeply ingrained in police culture that videotaping will not soon reverse the situation?
Police have awesome power. Power conferred will lead to power abused.
Having police misconduct so ingrained in so many police from generation to generation, that old habits will die hard, and the right systemic changes will not come about right away, particularly when the systemic changes...
Virginia Court of Appeals affirms conviction for child pornography in the computer recycle bin
Too many people feel a false sense of anonymity on the Internet. However, each Internet address is connected to a unique Internet Protocol address that is clearly visible to a website owner when the IP address visits the website. Law enforcement easily can track down...
Devoting the lawyer’s heart and soul for the client
It may be easier for a committed criminal defense lawyer to put his or her all into the clients' case than convincing a judge, jury or prosecutor to do the same, and from the defendant's perspective. However, it is vital for the criminal defense lawyer...
An arrest brings one closer to the fire. A full-court press is necessary
The cops, prosecutors, and judges are not criminal defendants' friends. They have their own agendas that are not parallel to the defendants' goals and agendas. That means that all criminal defendants need to obtain a qualified lawyer early on .
Prosecutor to his witness: “That is defendant’s lawyer. You do NOT have to talk with him”
The lawyers ethics rules and governing law generally prohibit lawyers, including prosecutors, from advising or encouraging non-party witnesses from talking with opposing lawyers. Just in case anyone was going to call me paranoid about my view that too many prosecutors and police do just that,...
For non-lawyers: Effectively navigating the courthouse, testifying, and going to courtroom battle
The court system belongs to all of us and is here to serve us all. It is not some sort of secret society with secret handshakes and incantations.
Why Effective Storytelling is Critical in the Persuasion Process
People don't decide in fragments. They decide in the full context of stories and feelings -- often with their entire beings -- and how that fits in with their life experiences. Therefore, storytelling is critical in the persuasion process.
Self improvement links and steps for your Virginia criminal & DUI defense
Self-improvement / rehabilitation — what I sometimes also call homework — can sometimes help criminal defendants with case negotiations with the prosecutor, and with any case sentencing in the event of a conviction. As a Fairfax criminal lawyer, I know it is ideal criminal defendants to talk...