criminal

Failure to do your job.

by The Trial Dog

No other type of law practice comes close to what is required and expected of the criminal defense attorney. It is no wonder very few attorneys actually practice this type of law. It is even less surprising that only a select few from that small number actual know what they are doing and provide truly exceptional representation.

Over the past 40 years, the responsibilities and obligations of the defense attorney have grown. Many attorneys struggle to keep up with the changing requirements and fail their clients. In the end, the defendant cannot outrun bad lawyering, and that sucks. Contrary to popular belief, an accused is not entitled to competent counsel but to an attorney who does not make mistakes that affect the outcome of the case.

Predicate Questions are Necessary for the Admission of Evidence

by The Trial Dog

A predicate question is necessary to make evidence admissible. The predicate is a set of questions that is asked of a witness on the stand. In general terms, the witness must be able to appropriately and sufficiently answer certain questions to make the evidence… Read More »Predicate Questions are Necessary for the Admission of Evidence

Can’t Make the Sick Chicken Better

by The Trial Dog

There is also a human element to a criminal defense. The accused is a person. Usually, the accused has family and friends that care about him/her regardless of what the allegations might be. A good criminal defense attorney recognizes this and tries to nurture a relationship with the client and his/her family in order to better serve the client. While it might not be in the book definition of criminal defense, it is my book regarding criminal defense that people need to be treated right and that starts with honesty and integrity in discussions about the case and treating people with dignity and respect they deserve for being human (regardless of what they are accused of or may or may not have done).

Going Nowhere. Failure to Preserve Appellate Issues is Not Ok

by The Trial Dog

a direct criminal appeal is completely useless without the trial attorney making doubly sure that any appellate issues were properly preserved for the appeal or beyond. In this sense, what you don’t know can hurt you, badly. And you must have lost and been convicted (otherwise, an appeal has no purpose).

Acquittal, By Design

by The Trial Dog

By design, it is the jury’s solemn responsibility to doubt everything and make the government satisfy the constitution’s extreme requirements. In this regard, a trial should be an exceedingly difficult proposition for the government regardless of its evidence.