Criminal Defense
Going to criminal court as a guerrilla warrior
Criminal defense work does not suit just anyone. Those who thrive on being part of the “in-crowd” since high school on up, right to college fraternities and to country clubs, might feel like fish out of water doing criminal defense. Former prosecutors, former cops, and...
Owning the conversation is a key step towards winning
Awhile back, a prosecutor interrupted my argument — as many prosecutors have a penchant to do — near the very beginning of the hearing that I had scheduled on my own motion. I let my irritation get the better of me — with irritation and anger...
Treat Virginia sentencing as a final affair
Virginia legal practice is full of formality, starting with the overformality of requiring bar exam takers to wear courtroom attire, offset by requiring shoe soles that do not go clippity-clop on floors, thus permitting the silly clash of athletic shoes against dark suits. How does...
Humans are the only animal barred publicly from letting it all hang out
Why do so many people freak about public human nudity, about letting it all hang out, when nobody freaks out that all other animals walk around nude? The human lack of fur does not answer the question, because I can spot a male elephant from...
Treating the runaway witness as firmly and mercilessly as a rabid dog
At trial, cross-examining a runaway police officer can be dangerous. Ask the officer whether the alleged criminal incident was recorded by audio and/or video, and s/he might reply: “Recording was not necessary, seeing that officer A saw the defendant sell cocaine to a pedestrian, officer B...
Keeping one eye on the front door, another on the back door and another on the trap door: Trying multidefendant cases
All trials on behalf of criminal defendants have their own challenges and opportunities. Here are some significant challenges that will or might come the way of a criminal defense lawyer in a multidefendant case: The co-defendants’ lawyers must find as much harmonious effort as possible in...
Eliminating prosecutions by preventing prosecutor trial postponements
Most criminal defendants do not care how they win, just as long as they win. For most criminal defendants, a case dismissal is as good as an acquittal in most respects. Here are some key differences: An acquittal prohibits the defendant from being re-prosecuted for...
My hero Judy Clarke is on the defense team of Dzhokhar Tsarnaev
Judy Clarke stands behind the late Bob Rose (who is wearing an eyepatch), and two people to the left of my trial law hero Steve Rench. The rest of the photo is here. (1995, Thunderhead Ranch, Dubois, Wyoming); I am pictured around four people to...
Trials are war, and I bill accordingly
My first few years as my own boss, starting in 1998, were immediately filled with joy over achieving my longtime dream of having no boss but myself. A corollary to being one’s own boss is that I have no salary safety net. I am the...
Fight inventory searches tooth and nail
Police run the gamut of very intelligent to having spelling and grammar errors embarrassingly galore on their police reports. Sadly, plenty of otherwise intelligent criminal suspects think they can outsmart police. Even the most unintelligent police officer has the advantage over suspects by not being...
