When faced with a really bad case, one option is to work out a favorable plea agreement with the government to try to mitigate consequences for the client. Another frequently overlooked option is to do an open guilty plea. In fact, the Criminal Practice Manual put out by the D.C. Public Defender Service devotes an entire chapter to guilty pleas …
It is never easy to plead guilty. As the cliché goes, if you plead guilty, there is a 100% chance that you will be found guilty. Nobody likes to stand up in open court and admit to a list of terrible actions recited by the prosecutor. And the greatest expressions of regret I hear from defendants are often based …
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 attribution, I had the opportunity to use this clever little phrase just the other day. It is what you tell a …
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 wanted to see him cross examine the same police officer who had testified in my case. And, recognizing that everyone has a …
Last summer, my 19-year-old daughter decided that she wanted to come see me in court. I had just given notice of my intention to resign from the Defender Association of Philadelphia effective at the end of the month, and she thought this might be the last opportunity to see me working as a public defender. I was running the list …
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 …