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Criminal Defense

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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...

Band together, criminal defense lawyers, or suffer the consequences

One day, I called a criminal defense lawyer colleague in another county to ask about how to overcome some procedural hurdles peculiar to his county’s District Court judges in obtaining a trial date postponement. When I did not reach him, I spoke with colleague II in...

Chalk it up to the jury — not the judge — for chalking acquittal

If you have not before decided that the United States’ criminal "justice" system is overcriminalized, look no further than the recent San Diego vandalism prosecution against chalk protestor Jeff Olson. How can chalking be a crime, when it just washes away with the rain? How...