Criminal Trial Practice

I have always thought it was important to get the scouting report on a new judge , venue , or even the prosecutor before a trial just so you know what to expect.Here is today’s tip. Just because you have appeared before the judge that does not mean you are aware of his trial procedure.

Last week , I wrote a tip of the day about wiretaps. Now , I move on to criminal law trial tips. Granted , I have lost my fair share of cases , but we are always growing as a trial lawyer. Interviews , discovery and legal issues are just the tip of getting ready

I gave across a blog post by my friend Bruce Kessler who is a DUI lawyer from Florida. Bruce wrote about sitting in a courtroom on a Friday watching a trial of no major significance. His purpose was to watch the lawyers. The prosecuting lawyers were new and he was not familiar with them or their styles.

In the past several weeks , I have read two articles on what to eat during trial. It is interesting to note that both suggested a high protein diet during trial. The first suggestion that I read was a discussion of having a healthy trial. In some cases , lawyers rush back to their offices planning

 Gu Kailai was convicted of murdering a British business partner in China . The trial lasted less than seven hours including a break for lunch . The Chinese criminal justice system apparently works with great speed . It is quite different than the American criminal justice system.

Here are some of the differences that

Dharun Ravi  was convicted last week on invasion of privacy charge as well as other charges . His criminal defense team tried to portray him as a jerky kid that meant no real harm. Mr. Ravi was charged for videotaping his roommate with his computer and then posting about it on Twitter .The jury rejected that

An old college friend send me a message the other day. She had an important question for me . How could I represent criminals if I knew they were guilty ?  It didn’t take me long to come up with an answer . All of God’s children need help. Sometimes they go astray , are  lead astray , or are just wired wrong. Sometimes I represent those that are guilty but are overcharged in their cases by the government to force the accused to accept a plea bargain agreement. Sometimes they need help for defending them during the sentencing phase of the case . The most important part is the oath that criminal defense lawyers take to defend their clients zealously and to defend the Sixth Amendment of the Constitution.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Continue Reading The Duty of a Criminal Defense Lawyer

Under Tennessee criminal law , there are several different types of homicide or murder charges from first degree murder to criminally negligent homicide. Criminally negligent homicide is the least severe charge of murder . It is a Class E felony which carries a full range of punishment of 1 to 6 years in jail .

In the last few weeks , I have not posted much on the blog . I traveled to Dubois , Wyoming for three weeks and attended the Trial Lawyers College . The Trial Lawyers College was founded by Gerry Spence in 1994. My thoughts were I needed to learn something new . Over three weeks