I just spent a few minutes watching this video from a former investigator who has spent his last 20 years carrying the doubt of whether he and the other officers investigating the death of a child got it right. They didn’t. An Autistic father is on death row because nobody knew of his developmental disabilities, his daughters medical issues or
Continue Reading Strong Words from a Former Investigator about the Death PenaltyCriminal Defense
Second Degree Murder Charges Dismissed
Self Defense Results in Dismissal of Murder Case
In two recent cases, the potential use of self-defense resulted in dismissal of murder charges against our clients. Self-defense is alive and well, at least when you have prosecutors who approach their cases mindful of how a jury will likely view the evidence. Of course, it also helps to have the…
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I just finished a criminal trial and a week later, mediation in a civil case. Each reminded me that this is an adversarial system. Your case is not necessarily about the truth. Harsh? Maybe, but that is the reality.
Whatever type of case you are involved in, the legal process involves two different narratives, or stories. In the criminal case…
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Should You Refuse The Breathalyzer?
Now that we are finished with the recent trial, my nightmares involving exhibits, motions, and objections are beginning to subside, and things are starting to settle back into the normal daily grind; I figured it was time for me to sit down and get back to posting on our blog.
Today’s post covers one of the most common questions I…
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At Sentencing Your Story May Keep You Out of Prison!
Last week was a gem. Twice, clients who were almost certain to go to prison when we first started working their cases, avoided that fate. First, in federal court a twenty-year-old kid who pleaded guilty to distributing heroin and oxycodone received three years probation. In state court, a client on a fourth lifetime DUI and facing felony charges was spared…
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Facing Federal Charges? Research Indicates 99% of ALL Federal Defendants Will Be Sentenced!
Attorney Alan Ellis writes a monthly newsletter that includes information and tips on federal sentencing and post-conviction matters. I just read the following from his February edition:
– Approximately 97% of all federal criminal defendants plead guilty.
– Of those who proceed to trial, 75% are convicted.
– Almost 99% will ultimately be sentenced.
– Over 87% will be sentenced…
“Everyone’s a Suspect” but Why Would the Cops Believe Jay?
A youngish lawyer in court today asked me about the blog: "What’s going on with that podcast?"
You may recall that I became engrossed in Serial, the investigative report turned podcast by All Things Considered. I have not been able to finish my review of the lessons in law apparent from that series. Work simply keeps me moving away from…
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The Prosecutor Has A Story – and he will spin it against you at trial!
By now you likely have finished listening to Serial, a podcast from the creators of This American Life, hosted by Sarah Koenig that garnered over 5 million listeners and which I last wrote about weeks ago. Time flies when you are busy. Since then I have tried a little criminal case, and been through an arbitration proceeding in an intellectual…
Continue Reading The Prosecutor Has A Story – and he will spin it against you at trial!
Your Story is Your Only Hope – So start listening to Serial on PBS
“For the last year, I’ve spent every working day trying to figure out where a high school kid was for an hour after school one day in 1999. Or, if you want to get technical about it (and apparently I do), where a high school kid was for twenty-one minutes after school one day in 1999….”
And so it…
Continue Reading Your Story is Your Only Hope – So start listening to Serial on PBS
Fight that Ticket!
Peterson Lawyers associate attorney Will Young tells us to "challenge that speeding ticket!
Speaking from experience, getting ticketed for speeding is not a fun experience. Seeing red and blue lights in your rearview mirror is not a good feeling. I realize speeding is not even close to the worst thing you can be accused of, it can still impact …