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Whether criminal defendants will throw their lawyers under the bus and other tales
Early in my criminal defense career, two different public defender lawyers who were much more experienced than I at the time opined that (1) many of our convicted felony clients are seriously mentally ill and (2) many of our clients will not hesitate to do...
What motivates and keeps the attention of a jury and any audience?
Last night, my son and I attended Tape Face's only appearance in the Washington, D.C., area for his current tour. I had been looking forward to this performance very much, and even more to spending a weeknight on the town with my son. Tape Face,...
Virginia malicious wounding- Non-consensual tattooing is disfigurement
Alexander Michael Edwards in 2016 was convicted in Campbell County, Virginia, Circuit Court for malicious wounding for the non-consensual tattooing of two minors, and for conspiring to murder them to avoid their testimony against him at trial. The elements of malicious wounding under the Virginia...
Our Police State Must Be Dismantled, One Step at a Time
How do we reverse the Nation's oppressive police state of affairs? As I have blogged for over a decade, we start by shrinking the overgrown criminal justice system, starting with steps as simple as legalizing marijuana, prostitution, and gambling; heavily decriminalizing all other drugs; eliminating...
Police outrageous conduct — An elusive defense for criminal defendants
Do we as a society want to tolerate police engaging in oral sex and sexual intercourse with prostitutes in order to nab them, smoking crack with addicts to arrest them, and busting heads of rival gangs to arrest members of gangs to which the police...
In criminal defense, take nothing for granted & seize the opportunities
Many criminal & DWI defendants at first may feel like they have been thrown to the lions. Beyond the veneer of smiling prosecutors, police and judges in the courthouse, is a criminal justice system ready to eat alive those who go to court alone or...
Virginia criminal defense- Court of Appeals on stalking
As much as I relish my role as a criminal defense lawyer, that does not deny that we have people in the world who can scare the crap out of others, to say the least. Ironically on Valentine's Day, the Virginia Court of Appeals affirmed...
Virginia criminal defense- Winning a prostitution trial by invalidating the arrest
This article addresses my ultimately winning a client's prostitution solicitation case by appealing for a new trial in Virginia Circuit Court, convincing the judge to suppress his arrest, and ultimately convincing the prosecutor to dismiss the case
Virginia prostitution/criminal defense- Winning a bawdy place & disorderly conduct trial
Here are details on my recent bench trial acquittal for my client charged with visiting a bawdy place and with disorderly conduct: First, I made a brief opening statement, where I tried not to introduce discovery that might not ever see the light of day...
Criminal defense- Beware executive liability and the two-inference jury instruction
A January 19, 2017, opinion from the federal Fourth Circuit provides important insight into the criminal liability of corporate executives, and the so-called "two-inference" jury instruction. United States v. Blankenship
