trial
The battle is about the battle, not about personalities
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...
Criminal defendants’ Fifth Amendment rights after pleading guilty
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...
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.
Staying above the line for effective battle against prosecutors and police
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...
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.
A Criminal Defense Lawyer Needs to Help the Jury Avoid Buyer’s Remorse
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.
The tragedy of unrepresented defendants pleading guilty
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.
Defending criminal and DWI cases in Virginia General District Court – Don’t blink
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.
Going to trial is the only way to know whether you will win, and the lawyer must fight like hell at trial and throughout the case
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.
One-size-fits-all prosecutorial negotiating approaches disserve all parties and invite patchwork negotiating over jurisdictions and time
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.