Criminal Defense
When may a prosecutor reopen the case in chief?
In the Fourth Circuit, "[t]he reopening of a criminal case after the close of evidence is within the discretion of the trial judge. See United States v. Walker, 772 F.2d 1172, 1177 (5th Cir. 1985); United States v. Molinares, 700 F.2d 647, 652 (11th Cir....
Expose police abuse far and wide
When police operate in the shadows, the risk increases that they will abuse suspects’ rights. After all, power corrupts, including when a cop has a handgun, taser, blackjack, billyclub, handcuffs, a badge, and the power of arrest, and the suspect has none of those. Praised...
Unlawfully entering the United States does not enable a conviction for visiting a military base
Bill of Rights. (From the public domain.) Why do good deeds so often go punished? Eliazer Madrigal-Valdez probably thought he was doing a soldier a favor by dropping him off at his military base in Fort Lee, Virginia. Instead, when Mr. Madrigal was unable to produce a...
Listen to your client, or else
After practicing criminal defense for many years, a lawyer can get jaded by some of the more cockamamie-sounding urgings from clients, including the absence of fingerprints when ten witnesses and five videocameras caught the double-killing, and the shooting defendant was then tackled and held until...
Jim Webb distinguishing self from Jack Webb?
Before now, nothing impressed me about Senator Jim Webb other than that he was less worse than George Allen of macaca-gate infamy. On March 26, 2009, Webb introduced the National Criminal Justice Act of 2009. It is good that more people than criminal defense lawyers...
Some cases just need to be tried
In what way is our payment of taxes for the salaries of uncaring and unjust prosecutors any different from Kevin Bacon’s imploring "Please sir, may I have another [whack on the butt]" in Animal House? Too often, prosecutors refuse to hear from my witnesses to help...
Being human, prosecutors can act like Lucy van Pelt
As liars go, Lucy van Pelt was a pro. How else did she repeatedly convince Charlie Brown to try to kick a football that she always pulled away a split second before his foot touched the ball? Being human, prosecutors, judges, criminal defense lawyers, and...
Down by law for upskirting and downblousing
Bill of Rights. (From the public domain.) On the one hand, I think peeping camera laws have gone too far to to the point of chilling legitimate photography and other legitimate activities that have no lascivious intent and no intention of capturing intimate images. On the other...
To choose a lawyer
Many criminal defendants naturally wish to know an attorney’s fee — or at least a ballpark or fee range — over the phone or email before taking up to several hours to drive roundtrip to meet with the lawyer. Criminal cases often are scheduled for quickly-approaching...
The eternal mantra is “I want an attorney. I want an attorney…”
Police are well trained to break down people’s assertion of their Constitutional rights, including: – "If you are innocent, why do you need an attorney, and at such unnecessary expense?" – "If you have nothing to hide, why not pop open your trunk for me...
