In Favor of a Virginia Jury Instruction on “Knowing and Intentional” Possession
My client is a convicted felon. He knows that it is illegal for him to possess a firearm. He lends his ex-wife his car. She returns it to him after a couple of days but accidentally leaves behind… Read More
On Compensating A Wrongfully Detained Defendant
“My client had been held on no bond in the county jail for 25 months. Never once bitched about being in there or tried to rush me.” So says Chicago criminal defense lawyer Marcus Schantz on Twitter. A… Read More
In Re Gault: “Constitutional Domestication” of the Juvenile Justice System
There are only a small number of criminal cases that all lawyers, even those who don’t practice criminal law, seem to know. Although Miranda v. Arizona is probably the most famous, there is also Gideon v. Wainwright (right… Read More
On Ashe v. Swenson: Double Jeopardy and Collateral Estoppel
Many laypersons suffer from misconceptions about the protections offered by the Double Jeopardy Clause contained in the 5th Amendment to the Constitution. As Blonde Justice pointed out in one of her funnier posts, for example, double jeopardy does not… Read More
On the Defendant’s Acceptance of Responsibility at Sentencing
Earlier this week, I caught the tail-end of a DWI trial in which Michael Bruckheim was representing the defendant. Bruckheim had attended portions of my last DWI trial in D.C., and I decided to repay the favor. I… Read More
Quarles v. Commonwealth: Coerced Confessions in Virginia
In Quarles v. Commonwealth, a recently issued opinion by the Virginia Court of Appeals, the court considered a set of facts similar to the U.S. Supreme Court case of Rhode Island v. Innis. However, finding a number of… Read More
Lives of “Quiet Desperation”: More on Jailhouse Lawyers
Over at Chicago Criminal Defense, Marcus Schantz writes about the challenge of representing an incarcerated client who fancies himself a lawyer. With much at stake, time on his hands, and access to a prison “library” (often a converted broom… Read More
Why I Hate Guilty Pleas
Having a client accept a guilty plea is like getting all dressed up for the prom and then deciding to stay home. On Friday I stood with the prosecutor outside a Prince William County courtroom on a driving… Read More
Second Chances in Virginia
Here, for free, is my simple legal advice: Whatever you do, don’t get arrested in Virginia. The Commonwealth is, as far as I can tell, one of the worst places to find yourself when facing criminal charges. The… Read More
