Success in criminal court and elsewhere is not about winning with ideal and perfect circumstances. As a Fairfax criminal lawyer, I know that such success is about winning despite unanticipated hurdles, existing judges who run afoul of their oaths, police who don't accept that their...
Virginia DUI lawyer on getting to firm ground after a DUI arrest. Virginia DUI charges call for full and skilled defense. As a Virginia DUI lawyer following up on the first of this two-part article (entitled "Beware DUI guilty plea consequences"), I resume by addressing...
Guilty pleas in Virginia must only be the result of the defense's fully preparing for trial. As a Fairfax criminal lawyer, I know that this trial readiness approach to pleading guilty, no contest/nolo contendere, Alford, or facts sufficient to prove guilt (collectively for this article,...
Virginia criminal lawyer on trial readiness steering all negotiating...
Contested sentencing in Virginia is a gamble. Unless the criminal defendant and prosecutor enter a plea deal involving an agreed sentence that binds the judge, the only sentencing guarantee is that the judge is prohibited from sentencing beyond the statutory maximum. ...
A poker face is preferable with negotiations, so that the opponent does not see when the criminal defense lawyer is flinching or exulting. A good example from cinema is in Pretty Woman, where Richard Gere's and Julia Roberts's characters arrive at an agreed price for...
In court and beyond, we are offered many opportunities to react angrily to others' seeming trespasses and lack of consideration. Some police and prosecutors try to talk uncalled-for trash about my clients. Other cars cut us off on the road. Others at restaurants and elsewhere...
Michael Jordan’s famous Nike commercial reminds people going to battle — whether on or in the court — the necessity of maximizing the chances of winning, and of finding a way to become stronger even from defeats. Being mortal, even apparent superhumans cannot guarantee a...
Merely because other criminal defense lawyers represent the accused, does not mean they always have the best interests in mind for other criminal defendants. For instance, when co-defendants are charged with serious felony counts, the situation often looks like every man for himself as defendants...
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. ...
Sometimes when a prosecutor, police officer or judge acts offensively, I have to catch myself not to spout at them that our tax dollars are not supposed to be paying for a fascist state nor for a wrongheaded attitude by such people that they are...
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....
The right criminal defense lawyer truly can make the difference between a favorable and unfavorable trial outcome, not only through case preparation, but by fully internalizing and well-executing the importance of the lawyer's role in swaying the jury in the right direction. ...
A hilarious story -- but pathetic were it not fiction -- came across a lawyers' listserv once, about an out-of-state lawyer who arrived for trial in a small Louisiana town. Soon after the lawyer's arrival, the judge took the bench, and greeted everyone in French....
Unrepresented criminal defendants do all sorts of harmful things to themselves when they appear for their trial date without a lawyer. One recent situation took the cake....
O.J. Simpson's criminal murder trial dragged on for months before the jury reached a not guilty verdict. That is a big contrast to how quickly matters move on a Northern Virginia General District Court date. ...
Thanks again to my staff for all their help during my brief vacation with my family in Korea. I am back, recharged, and ready to rumble in court, with a full trial schedule awaiting me. ...
What is the most exhilarating part of being a criminal defense lawyer? Trials. Trials must be well-prepared and well fought; that is a given. Those meant for trial work will feel invigorated rather than exhausted by the battle. ...
A criminal defendant is deprived of his right to counsel when counsel sleeps during a substantial portion of the defendant’s trial...
As glorious as are criminal trial victories, settlement negotiations are very important for many criminal defendants, because many of them are caught redhanded and have thin reeds at best for avoiding worse and significantly more punishing outcomes at trial than trough settling their case. ...
