A couple of weeks ago, I complained about the lack of criminal law blogs done by women. I also bemoaned the fact that, with a few exceptions, there do not seem to be many public defender blogs that don’t sound preachy, sanctimonious, and put-upon. Yes, you’re a public defender. Yes, the caseload is overwhelming. Yes, the pay is pitiful. And …
A good friend of mine, a former prosecutor in Massachusetts and Virginia, has criticized my blog for its defense-centric viewpoint. The actual words he used, if I recall correctly, were “criminal apologisms.” Since I will be need to take some time off over the next couple of weeks to prepare for the Virginia Bar Examination, I have offered him the …
My wife does not read this blog. I understand. She’s busy. Friends or family will tell her they enjoyed something they read on the blog and she will smile and thank them, but she really has no clue what they are talking about. I showed her my website when it first went up last fall. Yes, dear, it looks very …
In 24 days I will be sitting down to take another bar, this time in Virginia. The idea, which seemed like a pretty good idea when I came up with it last fall, is that I will be able to extend my criminal law practice from D.C. into Virginia, which is also where I live. Strangely enough, I have only …
A loyal reader (okay, it’s my brother-in-law George) has asked me to explain the difference between murder and felony-murder. George learned of the distinction while reading about yesterday’s not guilty plea in the Yale graduate student murder case. For those of you who are not familiar with the case, Raymond Clark III was charged last week in connection the murder …
It is a sad but well-known fact among criminal defense lawyers in many jurisdictions that if you insist on a jury trial and lose, you will get a stiffer penalty than if you lose the same case in front of a judge. That’s right: Same facts. Same verdict. Different sentence. This is a variation of the so-called “trial tax,” which …
I was sorry to learn this morning that one of my favorite legal bloggers – Michael McLees of Fast Texas Divorce – has decided to discontinue his blog. Writes McLees on a recent entry: “I’m just not sure that [the blog] contributes anything to my practice and since the novelty has worn off, it just isn’t fun anymore.” McLees also …
This guy has his eye put out in an accident. He can’t afford a glass eye, so the eye doctor puts in a fake eye made of wood instead. The guy is very self-conscious about his wood eye, but finally his friends talk him into joining them at a dance. It is time, they say, for him to get back …
There are many things you need to do when setting up your own law firm, from securing business licenses, malpractice insurance and bank accounts to buying furniture, legal research materials, and computer software and equipment. Of all the tasks involved, selecting a logo for my new firm was by far the most enjoyable task. That’s one of the perks of …
During my first year in law school, I heard a Latin phrase that immediately resonated with me: Fiat Justitia Ruat Caellum, which is roughly translated into English as “Let Justice Rule, Though the Heavens May Fall.” On starting my own law practice, I immediately thought of that phrase as the potential slogan/motto/tagline for my new firm. I tested the phrase …
On a Person Being Arrested Be polite, calm, and respectful. Do not say anything. If the officer asks you any questions, calmly reply that you will not say anything without your lawyer present. Then call your lawyer at the first opportunity. Remember that police officers are professionals. You may not have any experience being arrested; they have lots of experience …