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Achieving victory through visualizing success, proceeding from a strong framework, storytelling, enchantment, and unfoldment
A few times in my high school trigonometry class, I would sit down with my teacher during her office hours to assure that I was understanding one or the other challenging concept. Our meetings were short, because she would distill our discussions to such simplicity...
Virginia: The sentencing firestorm that comes with accessing more than one child pornography image
A psychological experiment was performed with alcoholics, administering electrical shocks to them each time they drank liquor. At least some of them continued to imbibe, despite the shocks. I have heard stories of people so addicted to crack cocaine that they have sold crack to...
Persuading in a suit, when we were once children frolicking in the sun
As I became ten years old and beyond, I noticed more often the premium that was paid for children to act more mature as they got older. Why? To have a disconnect with the power of our children within? To become easily tamed humanoids, so...
Achieving a reckless driving settlement during a DWI trial, after panning for gold
During the year between college and law school, I was a financial auditor at one of the nation’s then-thirty largest banks. We reviewed the bank’s financial activities to assure the bank was adhering to safe and sound financial practices. This was the closest I ever came...
Fourth Circuit puts brakes on police using innocent facts to detain and search people.
The United States Court of Appeals for the Fourth Circuit is often referred to as one of the more conservative circuits for criminal law. Fortunately, the Fourth Circuit breaks from that characterization from time to time, including earlier this week, when the court determined that...
Obtaining a Virginia reckless plea after a 0.11 blood reading, where such a result is uncommon
Virginia drunk driving convictions carry harsh results, including one year of no driving except for restricted purposes permitted by the court, mandatory ignition interlock coming your way regardless of the blood alcohol content, and expensive total payments for an attorney, fines and costs, and mandatory...
Defending retch-inducing child pornography and child sex solicitation cases
DEFENDING CHILD PORNOGRAPHY AND SOLICITATION OF SEX WITH CHILDREN. By Jon Katz “Why do you want to defend such a case?” asked one of the most amazing and effective trial consultants/psychological professionals, whom I visited for ideas on defending a man caught distributing multiple images...
Obtaining a reckless driving plea in the middle of a drunk driving trial
When a lawyer fully prepares a case to go to trial, it is more likely to settle than when a lawyer prepares the case to settle. I prepare every case to go to trial, and take many of them to trial. The preparation increases my victories,...
Defendants retain their Fifth Amendment right to remain silent at sentencing
A criminal defendant’s right to remain silent does not go out the door through a conviction following a guilty plea or trial. Mitchell v. U.S., 526 U.S. 314, 119 S.Ct. 1307 (1999). Mitchell is black letter law, despite the firm dissent of four justices therefrom....
More on the risks of viewing child pornography online without trying to save the images
On November 16, 2006, I blogged about a Pennsylvania Superior Court opinion that the crime of possessing child pornography from an online source (as opposed to a statute prohibiting the mere viewing of child pornography) requires that the defendant know that the image is actually being saved...