Criminal Defense
Beware the counterfeit money circulating out there
One danger of carrying currency is that we might accidentally receive and re-use counterfeit money, including money received from someone owing a debt, paying for goods or services, giving a gift, and as change from a cashier. Businesses handling heavy amounts of cash receipts are sensitive...
The judge boomed to me: “Why does that not surprise me” that you’re going to trial rather than pleading guilty?
One day, a trial judge called my case to be heard, and I responded: "My client pleads not guilty. We are ready for trial." The judge boomed back "Why does that not surprise me?" after I had completed another recent trial with him. I forget...
The plight of criminal defendants alone in the courthouse, or with limited funds to hire a lawyer
Recently, I saw one of my more favorite misdemeanor court judges on a Monday deny a trial postponement in a domestic assault case to a lawyer who explained that the defendant had just hired him the previous Friday, and the lawyer wanted more time to...
Whether & When a Criminal Defense Lawyer Should Show His or Her Hand & Power
An excellent civil trial lawyer in Chicago prefers to downplay his abilities pretrial so that the opponent will not be prepared for the tidal wave of power that the lawyer will bring to the courtroom. He is not alone. My general approach is not to...
Criminal defense is unconventional warfare
At my best, I march to the beat of my own drummer, neither joining the crowd just to be accepted nor to earn more money, nor shunning the crowd merely to identify as an individual. After returning from my 1986 plum Japan/Hong Kong assignment during my year working...
My Duty as a Fairfax criminal lawyer is to win
My duty as a Fairfax criminal lawyer is to sin. A client recently remarked how he was impressed to see me good-naturedly bantering in the hallway with the same police against whom I did not let go of during cross examination at trial an hour...
On using the golden rule and silence with police
It is not always easy to be calm towards abusive police, but it is best for a suspect to complain later with the help of a qualified lawyer, rather than to address the matter more than necessary with the abusive police officer. As a Fairfax...
Supreme Court oral argument season starts with critical Fourth Amendment case
Usually I am in trial court when Supreme Court oral arguments are held. Somehow, ordinarily with trial date continuances, court proceedings ending unexpectedly early, and matters scheduled for the afternoon (leaving me available for morning Supreme Court oral argument), I get a chance to observe at least...
Documents and links for my clients
Here in one location are some essential links and documents that my law firm uses to assist our clients: –General information release form. – HIPAA release form. –Sign-in log for attending such self-help groups as Alcoholics Anonymous and Narcotics Anonymous. – Suggestions for taking mouth temperature, for challenging the Intox EC/IR...
Treating criminal defendants as individuals: The military court and immigration consequence examples
Too many criminal court judges and prosecutors see criminal defendants more as numbers than individuals. To treat them as individuals might incline them to allow more time for each case in the face of bursting court dockets, and will make them have to more directly confront...