Criminal Defense
Prosecutors: Sleep more soundly by giving police reports to the defense
“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 prosecutors or law enforcement issue you a records subpoena, consult a lawyer
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 and obstruction have no place when it comes to exculpatory evidence
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...
The necessity of teamwork between lawyer and client
Few battles and wars are won singlehandedly. An exception is the fictitious ronin
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
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...
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...
