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100 results found for Practice Points in search category NACDL Website Showing Page 1of 10 Pages: 1 2345678910

Practice Points Ten Ways to Market Your Criminal Practice Today

Practice Points-- Ten Ways to Market Your Criminal Practice Today Walter McKee

By Walter McKee in April 2004
Category: The Champion Magazine
Practice Points: Themes and Theme-Related Defenses in Sexual Assault Cases

Lawyers employ themes at trial because themes are memorable and can be used as teaching tools. Some lawyers believe jurors are more inclined to assume guilt in a sexual assault case. Even if this belief is true, it does not change the strategies of persuasion the defense will use when trying a sexual assault case. Themes stick. A probable reality in these cases is that jurors want to know how a false accusation could have been made. Keith Belzer offers themes and theme-related defenses for cases involving sexual assault allegations. One advantage of brainstorming themes is that it forces the defense team to try to figure out what happened. The development of a theme helps to answer the following question: Why are we here if an assault did not occur?

By Keith Belzer in July 2016
Category: The Champion Magazine
Practice Points: Cellphones in Evidence

Defense counsel should be wary when the defendant’s case involves a seized cellphone that may be introduced into evidence. Are the jurors going to take the phone into the jury room? Is the cellphone inoperable? What should the defense team do if it is blindsided by jurors accessing the cellphone during deliberations? It is crucial to examine the cellphone carefully to make sure it contains no unexpected incriminating information. In addition, defense counsel should check for deleted or normally hidden information that might be restorable by a tech-savvy juror.

By Lisa J. Steele in June 2016
Category: The Champion Magazine
Practice Points: Giving Voice to Digital Evidence In the Jury Room

During deliberations, why would the defense team want jurors to review its digital exhibit (video) in the privacy of the jury room rather than having the jurors return to the courtroom to review the exhibit in open court? Is the storage medium (computer disk) considered the exhibit, or is the playback device (laptop computer) part of the exhibit too? If the court sends the playback device into the jury room, jurors would have control of playback speed and volume, and they could watch the video as many times as necessary. How does the defense attorney persuade the trial court to exercise its discretion in the defendant’s favor and allow the exhibit and ancillary equipment into the jury room? What precautions should defense counsel take before the equipment is sent to the jury room?

By Lisa J. Steele in April 2016
Category: The Champion Magazine
Practice Points: Cross-Examination — It Is All About the Story!

Cross-examination involves storytelling. It is the way counsel tells the true story about the case, the witness, or the event — one question at a time. The object of cross-examination is not simply to discredit the opposing witness, but also to advance the story of the defendant’s case through the opposing witness, and to test the truth of the opponent’s story against the defendant’s story. Jurors do not remember verbatim the answers given by witnesses. They do, however, remember stories.

By Francisco Duarte in June 2015
Category: The Champion Magazine
Practice Points

If the courtroom is a stage, then attorneys must make every moment count during their time in the spotlight. Attorney Mary DeFusco says evidence is everything the jury sees, hears, reasons, and feels. It is up to defense attorneys to make sure that as much of that information as possible is favorable to the defendant. She offers helpful tips to new lawyers so that they can use the stage to its full advantage.

By Mary DeFusco in November/December 2014
Category: The Champion Magazine
Practice Points
Building a basic understanding of the fundamentals or operating a criminal defense practice begins with learning how to set fees for cases.
By Jay Ruane and Seth Price in June 2014
Category: The Champion Magazine
Practice Points

Practice Points: Taking an Effective Deposition in a Criminal Case Shaun Khojayan Practice Points September 2011 57 Taking an Effective Deposition in a Criminal Case A witness is unavailable to come to court, but her testimony is needed. This is yet another obstacle the defense attorney must overcome

By Shaun Khojayan in September 2011
Category: The Champion Magazine
A Defense in SORNA Actions (Practice Points)

The five-point argument outlined in this article has been preserved in a failure to register case under the Sex Offender Registration and Notification Act at 18 U.S.C. § 2250(a).

By Daniel I. Siegel in December 2012
Category: The Champion Magazine
Professionalism When a Criminal Client Changes Lawyers (Practice Points)

Chuck Strain offers practical advice for successor counsel hired when a client decides to leave his original lawyer. Phone the original lawyer immediately – even before signing on with the client. Be sensitive to the original lawyer’s feelings, and ask for counsel’s insight about the case and client. Perform all the legwork involved in the transition, and offer to pick up or copy useful parts of the file. Explain to the client that the original lawyer remains counsel of record – with all attendant duties to the client and the court undiminished – until the substitution entry is signed.

By Chuck Strain in July 2012
Category: The Champion Magazine
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