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Criminal Defense

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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...

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...

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...