Criminal Defense
Judges as both fallible and potentially excellent
Judges are not deities. They are humans. They are selected through a combination of some or all of the following: Meritocracy, vetting for ability (with various sorts and quality of vetting), political considerations, and elections by the public. Even some of the most promising-seeming judicial candidates...
Convincing Prosecution Witnesses To Talk, Through A Third Approach
Criminal complainants can be valuable sources of information to a criminal defense lawyer both for preparing the defense and for seeking to settle the case. Watch out, though, for the risks that criminal complainants will clam up, whether out of fear or uncertainty, out of...
Law enforcement is off-kilter for seeking to induce and photograph an erection in a sexting case
UPDATE (Late July 10, 2014): Manassas City, Virginia, police have done the right thing by deciding to let the magistrate-issued search warrant expire, ordering the inducing and photographing of a 17-year-old man’s erection. ORIGINAL BLOG ENTRY (JULY 10, 2014): Yesterday morning, July 9, a colleague asked whether I had read...
A search is invalid where the suspect squeals after cop claims non-existent probable cause to search
When a person lights a fire in a dry-wood forest, s/he will not be able to stop the firestorm that follows, burning down multiple trees, spreading far and wide, polluting the air and waterways, and killing and maiming animals and destroying their habitats. Government is...
Beware turning your back on prosecutors and wrestling opponents – Don’t be paranoid, either
How much compassion should I show for someone directing a meat cleaver at the throat of me or my client? Even with my over two decades of experience defending over three thousand criminal defendants, I still witness new ways that some opposing prosecutors and witnesses...
Getting an appellate victory after a conviction is justice delayed, at best
Behind the orderly-looking appearance of courtrooms are repeated instances of no-holds-barred trial battle, and holding cells attached to each courtroom or down the hll. The fights can get expensive in terms of time, attorney fees, frustration and sweat expended. Criminal defense is battle and often...
Should a judge who assaults a lawyer be let back on the bench?
Why do some judges act more civil to some lawyers and litigants than to others, and act downright hostile to others? The short answer is that it is a combination about what is going on with the judge, the lawyer, the litigant, and outside circumstances. In...
Ideas on the path to victory
The trial litigation battlefield is often far from the elegant setting of a Supreme Court oral argument. Here are a few thoughts that I add on the road to trial court victory: When you are at zero you are not an impediment to the people...
Police are on high alert during holiday weekends – Caveat emptor
NOTE: Police are on high alert during holiday weekends with extra human power on the streets. This Memorial Day/unofficial start of summer will be beautiful and filled with merriment., and the police will be on the lookout for arrests to make. You can have fun...
Challenges versus problems in Virginia criminal court
In many ways, my Fairfax criminal defense lawyer blog is a tool for my self exploration and self development, and to remind myself of the best ways to get and stay on the right path. If I do not write down and crystallize my key...