If practice makes perfect, then prosecutors tend to be better at direct examination and defense attorneys at cross. It is a question of what we do the most of. I think of this while watching a prosecutor conduct a cross-examination in JM-13. The defendant has taken the stand in her own defense, and the prosecutor is trying to poke holes …
“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 testimony. It is like Muhammad …
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 …
Although the ability to cross-examine a witness is a critical component of the Sixth Amendment right to confront your accusers in a criminal case, this right is not without boundaries: “Once sufficient cross-examination has occurred to satisfy the Sixth Amendment, . . . the trial judge may curtail cross-examination because of concerns of harassment, prejudice, confusion of the issues, …
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 not be quite the …
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 to prepare a trial …
I am sitting in court waiting for trial to begin. The charge is assault on a police officer. I have just been given a video recording in another case and I decide to use this time to watch it. So I pull out my laptop and stick it in. My viewing of the video seems to raise the attention …
Although Virginia juries have a reputation for being unforgiving, I have also been told that juries in Prince William County can be pretty unpredictable. Going into trial yesterday, my client was facing a mandatory 5-year sentence for being a violent felon in possession of a firearm. During execution of a search warrant at his home, police had recovered a …
Eleven months of wrangling comes to this: a two-day trial in D.C. Superior Court. The argument on pre-trial motions starts out well, and I find myself in the enviable position of sitting on the sidelines as the judge goes back and forth with the prosecutor. It is usually a good idea to stop talking when the judge is agreeing with …
You often hear criminal defense lawyers who are just starting out say that they will initially handle drinking-and-driving offenses, like DWI or DUI, until they get their feet on the ground. The cases are, they say, straightforward and lucrative. Once they get themselves established, well, then they can move on to more complicated felony cases, like attempted murder, drug distribution, …