Criminal Defense

For better or worse, negotiations are an essential part of criminal and civil litigation, running from seeking dismissals of cases, to each party’s giving up part of the loaf. Criminal negotiations usually are not games of chicken, unless the police or prosecutors have done underhanded...

Most of my criminal defense clients manage their daily lives rather well in the face of their pending court cases. Some get consumed by their cases from time to time, and sometimes share that with me. I have thought of criminal defense lawyers being akin...

Jury acquittals are among the most exhilarating part of criminal defense practice. However, a criminal defense lawyer disserves his or her client by not seeing whether the case can settle rather than going to trial. When I say settle, I do not automatically mean seeking a...

With all the uphill battles that so many criminal defendants so often face, they and their lawyers may often feel that everything is about us (the defense) versus them (everyone else). A healthy dose of skepticism is in order in approaching cops, prosecutors, and judges....

Prosecutor: “Jon, you are a private practice lawyer who is willing to waste time.” Translation: “You put time into defending your clients without concern whether doing so will not be financially profitable to you.” One of the more upstanding local prosecutors recently said that to me before court...

All my clients are presumed innocent unless and until proven guilty beyond a reasonable doubt. However, that does not mean that all my clients come to me with clean hands. Behind the seemingly picture-perfect lives of plenty of people who seem to have reached many...

“That was nice of the prosecutor,” replied a colleague — a criminal defense lawyer whom I respect very much — after I told him that during his direct examination of a police officer, a Virginia prosecutor strolled over to the defense table to show me...

When police, law enforcement, or a government agency issue you a subpoena for documents or other tangible evidence, it is wisest to consult with a qualified lawyer well in advance of the subpoena’s evidence production deadline. A qualified lawyer will help determine whether you are...

Arrogance afflicts all but a handful of people. In the criminal courtroom, prosecutors are at risk of all the more arrogance because of their privilege, power, and excessive deference they receive from too many judges and other courthouse personnel. I still remember the day around...

Few battles and wars are won singlehandedly. An exception is the fictitious ronin