Trial Advocacy

Bringing the Judge Into A Plea Bargain

May 14, 2012 Law Practice

“That’s as low as my office is willing to go for this type of offense.” This is what the prosecutor tells me. We are talking about the number of hours of community service my client would be required to perform under a plea bargain, and we have deadlocked. This is the only outstanding issue. The [...]

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Gilding the Lily on Cross-Examination

May 9, 2012 Trial Advocacy

After you get what you need on cross-examination, you sit down. The charge is unlawful entry. Both defendants had been issued a barring notice from the Meadowbrook Run Apartments, and the government alleges that the defendants violated this notice by entering an apartment at Meadowbrook Run. During cross-examination, Attorney A gets the police officer to [...]

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Trial Notebook as Security Blanket

May 7, 2012 Law Practice

I recently served as co-counsel in two juvenile cases with Eddie Ferrer of D.C. Lawyers for Youth.  Although neither case ended up going to trial, you do get a pretty good sense of your colleagues when working together to represent co-defendants. I am always happy when co-counseling with lawyers from the D.C. Public Defender Service [...]

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Cross Examinations. Directs, too.

March 29, 2012 Evidence

“No questions, Your Honor.” What could be more satisfying to say after your opponent has completed his direct examination than those four simple words? It is a challenge, a slap in the face with a folded glove.  It is a declaration that the other side hasn’t touched you, hasn’t hurt you at all, with the [...]

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Complaints, Excuses, and Justifications after a Lost DWI Trial

February 3, 2012 Discovery

Before beginning my practice in Virginia, I went over to traffic court in Fairfax County to observe, and was struck by the large number of DWI cases that pled. One piece of blue paper after another was passed up to the judge, with the defendants lining up to accept responsibility for their offense. These guys [...]

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On Trial Transcripts: Only the Stenographer Knows for Sure

January 25, 2012 Criminal Procedure

Reviewing the transcript from a hearing or trial you have done can sometimes be a humbling experience. What you may have remembered as a dramatic moment at trial can come across as flat on the printed page, and a good stenographer will throw in every “er,” “um” and “okay” to remind you that you may [...]

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Avoid Tit for Tat When Confronting Expert Witnesses

January 23, 2012 Trial Advocacy

Guest Post by “Hamilton Burger” Every trial lawyer faces that sharp chill in the middle of the night, when your mind refuses to let go of your upcoming trial — and you realize that your opponent has an expert witness who is going to crush your case. You may be a defense lawyer who has [...]

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Cross-Examining a Prosecutor

January 20, 2012 Criminal Procedure

I have been called to testify in a criminal case. A couple of weeks ago I represented a woman seeking a civil protection order against a former boyfriend. With the boyfriend now facing criminal charges for contempt of court, certain admissions he made to me during the course of that representation have become relevant to [...]

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Brilliant Trial Lawyer or Simple Ass?

December 9, 2011 Criminal Procedure

MR. KOEHLER:  Objection.  Relevance. THE COURT:  Mr. Koehler, you can sit down. MR. KOEHLER:  Your honor, this is absolutely ridiculous. MR. RIORDAN:  No, it’s not. THE WITNESS:  No, it’s not. MR. KOEHLER:  It is completely irrelevant. THE WITNESS:  What’s ridiculous is how [the petitioner] gets away with all this stuff. THE COURT:  I really can’t [...]

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Empathizing with the Accuser at a Civil Protection Order Hearing

November 24, 2011 Assault

“Oh,” says the witness to the judge.  “There is one other thing I would like to say.” The witness is the father of the respondent in a civil protection order hearing.  He is an old man and he is angry.  The judge has given him tremendous latitude in testifying about every complaint he has ever [...]

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