Defending People

the tao of criminal-defense trial lawyering

The War on Drugs

| March 31, 2007

How would you measure the success of the “War on Drugs?” A DEA agent I know who has been fighting this “war” for more than 20 years has an answer: compare the quantity and price of drugs on the street now with the quantity and price of drugs on the street now. By this measure, [...]

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Where are the Women?

| March 31, 2007

In my survey of Houston criminal-defense lawyers’ advertising, I’ve noticed that not many women’s websites pop up. Now, I know that Houston has lots of great lawyers who are women, and I wonder why they don’t turn up in Google and Yahoo searches. At any rate, here are three: Rosa Eliades Melissa Martin Lisa Benge [...]

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Trust

| March 30, 2007

For years my advice to people looking for a criminal-defense lawyer has been this: “find someone that you can trust, and then find a way to pay him or her.” Since I started saying that publicly, lots of other criminal-defense lawyers have put up websites suggesting that you should trust them for one reason or [...]

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Good Advice

| March 30, 2007

A Houston Police Department homicide detective wrote the following in the report of the investigation of a shooting death: I knew [the accused] had an attorney, but he never invoked his rights and as a thorough investigator I thought I would at least try to talk to [him] and I also knew the booking information [...]

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Federal Drug Conspiracies

| March 29, 2007

The closest thing to a thought crime that we have in America today is a federal drug conspiracy. A conspiracy, generally, is an agreement to commit a crime. The crime itself (the “substantive offense”) does not have to be committed for the conspiracy to be formed. For most offenses, people cannot be convicted of conspiracy [...]

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Former Prosecutors

| March 29, 2007

I still see criminal-defense lawyers who used to be prosecutors advertising their time with the DA’s office as though it provides a benefit to their clients. Their argument runs something like this: First, it’s better to have someone defending you who knows what attack to expect. Second, former prosecutors generally have more trial experience. Third, [...]

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Lawyer Advertising

| March 28, 2007

Sometimes I browse other lawyers’ websites to see what’s out there. It looks like some of these folks are spending a lot of money on fancy advertising; their websites make my websites, Bennett & Bennett and Fight the Feds, look . . . homemade. Should I spend some money on having a professional design and [...]

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A Childlike Mind

| March 28, 2007

A local criminal court judge said to me, “I could never do what you do [that is, defend the accused]. I’m not creative enough.” It is true that defending people well requires creativity. It also requires imagination, curiosity, flexibility, adaptability, and a willingness to take risks. In other words, it takes a childlike mind. A [...]

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A Great Day in Criminal Law History.

| March 27, 2007

Monica Goodling, Alberto Gonzales’s White House Liaison, has chosen to plead the Fifth rather than testify before Congress. This is good news. When a highly-placed Department of Justice official, who knows exactly how the system works, avails herself of her constitutional right to remain silent, it sets a good example for the rest of us. [...]

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Pistol-Packin’ Prosecutors

| March 26, 2007

The Brownsville Herald had an article last Thursday about a proposed bill to allow felony prosecutors to bring concealed weapons to court. The notion came about because of unfounded fears that a violent gang would try to break one of its members out from the courthouse during his sentencing. Like any policy decision made based [...]

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