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Criminal Defense

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Enabling the jury to convict on a lesser count

In Virginia, “'A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.'" Witherow v. Virginia, ___ Va. App. ___ (Dec. 1, 2015) (quoting Eaton v. Virginia, 240 Va....

Virginia — The land that turned its back on Jencks

Virginia has not joined the jurisdictions that require providing criminal defendants a prosecution witness's written statements and substance of oral statements after the witness testifies for the prosecution. This rule is known as the Jencks Act, 18 U.S.C. § 3500. All federal prosecutions are governed...

Owning the Courtroom and World Stage Through Vibrating Highly

When fully prepared for the day's curveballs, merely annoying or otherwise offensive words are more likely to roll off my back like water off a duck's back. High vibration and high energy diminishes low energy, at least in perception, and such perception is critical. When...

Devoting the lawyer’s heart and soul for the client

It may be easier for a committed criminal defense lawyer to put his or her all into the clients' case than convincing a judge, jury or prosecutor to do the same, and from the defendant's perspective. However, it is vital for the criminal defense lawyer...