Criminal Defense
Part II – Pausing Before Hiring a Former Prosecutor/Former Member of the Opposing Army
In seeking a criminal defense lawyer, one might ask what motivated the lawyer to the criminal defense path, and whether and why the criminal defense lawyer will stick with and fight like hell for his or her client through thick and thin, through all the...
The illusion of needing to hire a former prosecutor for criminal defense – Part I
The passionate, committed, and winning criminal defense lawyer does criminal defense because it is in his or her blood, and s/he thrives with such work.
Public Intoxication Law and Defense
Public intoxication arrests run rampant in Virginia. As a Fairfax criminal lawyer, I remember first witnessing a public intoxication (also known as drunk in public / DIP ) investigation and arrest when two courthouse sheriff's deputies called out for the suspect to "blow, blow, blow"...
Clearing the Obstacles to Opening and Closing in the First Person at Trial
I have experienced firsthand the power of my presenting closing argument storytelling to the jury in the first person of my client. Doing so in the right circumstances transports me outside my lawyer role into the very person of my client, in the moment in...
The Magic Of Removing One’s Ego From The Battle
Our greatest opponent and obstacle to victory often is our egos and ourselves. When we remove our egos from the battle, then the magic of powerfully successful performance can begin.
The art and benefit for a criminal defense lawyer to listen and engage
Essential is always for me to welcome and invest the time in actively listening and engaging with my clients. Pearls of getting closer to victory often result when least expected through my spending sufficient time with my clients in my office, on the phone, in...
When the horse/judge throws you off the saddle, you understand the horse/judge better
Some judges seem to take delight in trying to dispirit lawyers. Others do unintentional things that dispirit lawyers. The right lawyer is hard to dispirit. Being dispirited interferes with powerful battle.
Miranda’s Limited Powers: Blurts, Twilight Zones, Searches, Pre-Custody, Civilian Questioning, Delays, & Cross-Exam
"I was never read my Miranda rights," many of my clients insist. That claim is the beginning, rather than the end, of the inquiry
SCOTUS bars capital sentencing recommendations from victims’ families
Today's Bosse decision is more monumental than might first meet the eye. The United States Supreme Court has at least three justices that are very friendly to preserving the death penalty.
Getting a theft case dismissed through teamwork with my client
Early on with my criminal defense clients, I develop an action plan for the work ahead for me and my client, with the goal of improving our chances with case negotiations, any trial, and any possible sentencing.