Criminal Defense

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

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...

A while 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...

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...