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Law of Criminal Defense

04/04/14

Permalink 05:31:46 am, by forhall, 104 words, 1064 views   English (US)
Categories: blog

Lawyer wins defamation suit against client who posted bad internet review for lying to him

03/27/14

Permalink 01:51:41 pm, by forhall, 43 words, 1883 views   English (US)
Categories: blog

NLJ: Federal Judiciary Plans to Hire Staff, Public Defenders

NLJ: Federal Judiciary Plans to Hire Staff, Public Defenders by Todd Ruger:

The federal courts plan to backfill many of the staff and public defender positions lost during last year's steep budget cuts, top judiciary officials told House lawmakers today on Capitol Hill.

03/26/14

Permalink 03:45:09 pm, by forhall, 120 words, 1813 views   English (US)
Categories: blog

Legal Intelligencer: Dismissal of Capital-Defense Fee Case a 'Big Disappointment'

Legal Intelligencer: Dismissal of Capital-Defense Fee Case a 'Big Disappointment' by P.J. D'Annunzio:

The state Supreme Court's dismissal of a case challenging the constitutionality of flat fees paid to defense counsel in capital cases has been described by several lawyers as a significant disappointment.

Attorneys further saw the ruling as a missed opportunity on behalf of the high court to address serious funding deficiencies in both the Philadelphia and state indigent defense systems.

In a two-page order to dismiss, the divided court said March 21 its continued oversight in the matter was no longer necessary. The order was accompanied by two strongly-worded dissents written by Justices Seamus P. McCaffery and Thomas G. Saylor. Justice Debra Todd joined in both dissents.

03/21/14

Permalink 05:24:16 am, by forhall, 85 words, 2482 views   English (US)
Categories: blog

ABAJ: Lawyer suspended for posting video of undercover drug buy in mistaken belief it exonerated client [it didn't]

ABAJ: Lawyer suspended for posting video of undercover drug buy in mistaken belief it exonerated client by Debra Cassens Weiss:

An Illinois lawyer will be suspended for five months for posting a discovery video of an undercover drug buy in the initial but apparently mistaken belief that it exonerated his client.

Lawyer Jesse Raymond Gilsdorf was suspended in an Illinois Supreme Court order issued on March 14. The court agreed with the five-month-suspension recommendation by the Review Board of the Illinois Attorney Registration and Disciplinary Commission.

03/19/14

Permalink 06:23:10 am, by forhall, 46 words, 2804 views   English (US)
Categories: blog

NJLJ: Criminal Lawyers Fight Subpoenas That Seek Sources of Their Fees

NJLJ: Criminal Lawyers Fight Subpoenas That Seek Sources of Their Fees by Michael Booth:

The New Jersey Supreme Court hears arguments on whether criminal defense lawyers can be made to turn over records detailing the origin of their fee payments while the criminal cases are pending.

03/17/14

Permalink 07:41:33 am, by forhall, 43 words, 3008 views   English (US)
Categories: blog

NLJ: Judiciary Hiring Public Defenders Again

NLJ: INADMISSIBLE: Judiciary Hiring Public Defenders Again:

Federal defender offices, which lost approximately 400 employees because of last year's mandatory budget cuts known as sequestration, have enough money in this year's budget to begin backfilling most of those positions, court officials said on March 11.

03/15/14

Permalink 04:55:34 pm, by forhall, 188 words, 3044 views   English (US)
Categories: blog

Been There, Done That Dept.: NYT: A Dragnet at Dewey & LeBoeuf Snares a Minnow

NYT: A Dragnet at Dewey & LeBoeuf Snares a Minnow by James Stewart:

How did a 29-year-old with an impeccable record, someone who had never even taken an accounting course, end up as an accused mastermind of what the Manhattan district attorney, Cyrus Vance Jr., called 'a massive effort to cook the books' of the once-giant law firm? And how did he get there without realizing he should hire a lawyer? According to several criminal defense lawyers I spoke to this week, Mr. Warren became caught up in an increasingly common prosecutorial tactic. Mr. Warren may have been naive, but he thought he was being questioned as part of a civil Securities and Exchange Commission investigation. He thought he might be a witness, and thus did not need a lawyer. Only too late did it dawn on him that he might be a target of a criminal investigation. The defense lawyers said prosecutors were increasingly using so-called parallel investigations to insert criminal investigators into what their targets thought were civil proceedings.

The SEC will lie to you about what they have planned for you. They did to me.

03/14/14

Permalink 10:15:31 pm, by forhall, 90 words, 3337 views   English (US)
Categories: blog

NYLJ: Attorney Accused of Telling Client to Commit Perjury

NYLJ: Attorney Accused of Telling Client to Commit Perjury:

A man who admitted in Manhattan Supreme Court Thursday to lying at his drunken driving trial said that his defense attorney told him to fabricate facts in order to beat the charges.

How do you protect against that? First, don't counsel the client to lie. Second, even if you didn't, devious clients often know that they can at least try to sell out their lawyer to cover their own ass after getting caught lying. Third, some prosecutors might actually believe it.

03/11/14

Permalink 09:25:08 pm, by forhall, 134 words, 6787 views   English (US)
Categories: blog

AOL.com: Pennsylvania lawyer Daniel Muessig's ad starring smiling thugs draws criticism

AOL.com: Pennsylvania lawyer Daniel Muessig's ad starring smiling thugs draws criticism by Elizabeth Daley:

(Reuters) - A Pittsburgh lawyer's online ad showing smiling robbers, drug dealers and prostitutes flashing thumbs up and thanking him for getting them off the hook has garnered tens of thousands of views and drawn fire from a local bar association.

One fictional criminal pauses while climbing out a window, carrying a laptop to say "Thanks Dan," to the camera, while a pair of men carrying handguns offer a similar message before pulling ski masks over their faces in the three-minute, 27-second ad posted on YouTube by criminal defense attorney Daniel Muessig.

Muessig, a 2012 University of Pittsburgh Law School graduate, then makes his own pitch: "Trust me, I may have a law degree, but I think like a criminal."

03/07/14

Permalink 12:18:12 pm, by forhall, 54 words, 3734 views   English (US)
Categories: blog

San Antonio Express-News: Editorial: A better way for indigent defense here

San Antonio Express-News: Editorial: A better way for indigent defense here:

Comal County has been selected by the Texas Indigent Defense Commission to test a pilot program that will allow indigent defendants to choose their attorneys. The program has been funded for two years and includes money for mentoring and training lawyers seeking appointments.

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    "A lawyer shall represent a client zealously within the bounds of the law."
      —§ 1:1, Rule 3(a) (not "should" from CPR Canon 7)

    "I simply want to tell you that there are some men in this world who were born to do our unpleasant jobs for us. Your father is one of them."
      —Harper Lee, To Kill a Mockingbird, ch. 22, p. 197 (1960)

    "The very premise of our adversary system of criminal justice is that partisan advocacy on both sides of a case will best promote the ultimate objective that the guilty be convicted and the innocent go free."
      —Herring v. New York, 422 U.S. 853, 862 (1975)

    "The right to the effective assistance of counsel is thus the right of the accused to require the prosecution's case to survive the crucible of meaningful adversarial testing. When a true adversarial criminal trial has been conducted ... the kind of testing envisioned by the Sixth Amendment has occurred. But if the process loses its character as a confrontation between adversaries, the constitutional guarantee is violated."
      —United States v. Cronic, 466 U.S. 648, 655-56 (1984)

    "The only real lawyers are trial lawyers, and trial lawyers try cases to juries."
      —Clarence Darrow

    "America was neither founded, nor freed, by the well-behaved."
      —Semmes Luckett the younger

    "The right to offer the testimony of witnesses, and to compel their attendance, if necessary, is in plain terms the right to present a defense, the right to present the defendant's version of the facts as well as the prosecution's to the jury so it may decide where the truth lies. Just as an accused has the right to confront the prosecution's witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense. This right is a fundamental element of due process of law."
      —Washington v. Texas, 388 U.S. 14, 19 (1967)

    "[T]he Constitution guarantees criminal defendants 'a meaningful opportunity to present a complete defense.'"
      —Crane v. Kentucky, 476 U.S. 683, 690 (1986) (quoting California v. Trombetta, 467 U.S. 479, 485 (1984)).

    "[O]ur so-called adversary system is not adversary at all; nor should it be. But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He must be and is interested in preventing the conviction of the innocent, but, absent a voluntary plea of guilty, we also insist that he defend his client whether he is innocent or guilty. ... [A]s part of our modified adversary system and as part of the duty imposed on the most honorable defense counsel, we countenance or require conduct which in many instances has little, if any, relation to the search for truth."
      —Justice White concurring and dissenting in U.S. v. Wade, 388 U.S. 218, 256-58 (1967)

    We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth, people who have no sense of right and wrong, people who will lie in court to get what they want, people who do not care who gets hurt in the process. It is our job–our sworn duty–as criminal defense lawyers, to protect our clients from those people.
      —Cynthia Roseberry

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