A Letter of Apology After a Guilty Verdict
After finding my client guilty of simple assault, the judge orders my client to write a letter of apology to the complaining witness. I can understand an apology after a guilty plea. After all, acknowledgment of remorse could… Read More
Brilliant Trial Lawyer or Simple Ass?
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:… Read More
Being Found Guilty After Pleading Guilty
If you plead guilty, there is a 100% chance that you will be found guilty. Or something like that. I read that on the Internet a few weeks ago and, while I can’t remember who said it for… Read More
Terry v. Ohio as a Seinfeld Episode
I have often said that you can explain everything in life through a Seinfeld episode. And while there is no single case that does for criminal law what Seinfeld does for life, Terry v. Ohio comes pretty darn… Read More
Why Police Officers Love the “Plain View” Exception
Police officers love the “plain view” exception to the Fourth Amendment requirement for a warrant. It is because this exception is so straightforward and understandable: I didn’t need a warrant because I saw it with my own eyes. … Read More
The Weather is Here, Wish You Were Beautiful: Love Letter to a D.C. Law Enforcement Officer
I have a beef with a D.C. law enforcement officer. I would be more specific, but I don’t want to embarrass my investigator. He has to work with the guy. Dear Mr. Law Enforcement Officer: I understand you… Read More
Jack Lambert and My Investigator
Wayne, my investigator, thinks he is being subtle. He insists on escorting me out of a bad neighborhood whenever we finish a crime scene investigation, and he doesn’t realize I can see him lingering down the street as… Read More
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