Criminal Defense

My blog entries on trial practice boil down to relaxing and practicing, just as amazing taijiquan teacher Ben Lo reminds his students that the key foundation of excelling in taijiquan is “relax and practice”. For relaxation, I mean active relaxation, not collapsing. Certainly, brittleness is...

The United States is at a critical crossroads for overhauling the police state, supporting good policing and speaking out over wrong policing, in the face of widespread police abuse, with some of the starker recent examples being the deaths of Michael Brown and Eric Garner,...

People misidentify others all the time. We think we see our best friend in the grocery store and realize it is a stranger. We meet a group of people and mistake two from the crowd for each other. We pay a store clerk at one moment...

Today, the United States Court of Appeals confirmed that said court has “never held that counsel can be relinquished by means short of waiver.” Consequently, the trial court’s finding of forfeiture of counsel by felony defendant Phillip Ductan’s uncooperative pretrial behavior during his criminal trial was...

Recently, I asked a police officer a few very direct questions about his actions with my client. Had I asked the questions more gently, I may have gotten no less a beneficial result, but I asked them as I did. The officer got irritated. He...

George Lee Hawkins was stopped for a moving violation. Once stopped, the police saw a bulge in his shirt, and asked him if he could raise his “‘shirt up a little bit so [the police officer could] see how it sits.’” Hawkins then “extended his arms completely out to his sides...

When police claim the accused possessed contraband, a key path of attack is to seek to suppress evidence of the seizure and search that turned up the alleged contraband. Praised be Virginia’s intermediate appellate court for recently overturning a contraband-bearing car inventory search, because: “[W]e...

The United States Supreme Court substantially limits free expression rights when it comes to child pornography, out of consideration of the harm that child pornography can and does cause. Thankfully, the Supreme Court is cautious against creating new categories of expression that receive reduced First...

Compassion and empathy are critical to winning in trial battle and to living a good life. However, a criminal defense lawyer has no business walking into the courtroom if s/he will let compassion, empathy, or anything else other than sound strategy make the lawyer hesitate...

Recently as we were headed to our respective courtrooms, a fellow criminal defense lawyer sarcastically remarked that we had entered the hallowed halls of justice. I replied: “More like guerrilla warfare with too many judges not being neutral referees”, that is, too many judges at...