Recent Articles

It's a new year - how do you feel?

Walter Reaves
January 01, 2009 16:19

It's now a  new year - do you feel any different? Can you tell it's now 2009? I got up this morning, and as usual read the paper's recap of 2009, and predictions for 2009. I then went to the blogs to see how many end of the year/start of the new year blogs there were - a lot. Everyone seems to...

Do you really have the right to refuse?

Walter Reaves
December 31, 2008 13:23

Bell County is hopping on the DWI bandwagon for New Years. According to a press release, if you are suspected of driving while intoxicated and refuse a breath test, they are going to obtain a warrant for your blood. Unfortunately, this is not something they just came up with on their own; many...

When giving candy is a crime

Walter Reaves
December 30, 2008 19:05

Probably most have seen the story out of Prescott, Arizona.  where 38 year old lawyer Damon Rossi was arrested for his giving his client a piece of candy! It seems that Mr. Rossi had asked the officers in charge of his shackled client if he could give him a piece of candy, and they told him...

Choosing a lawyer - how important is experience?

Walter Reaves
December 26, 2008 14:19

I've read several posts recently on choosing a lawyer. There's also an ongoing debate on marketing for lawyers - some who think its a good thing, and some who don't. The marketing debate seems to be divided between lawyers just starting out, and those with established practices. Predictably,...

How can someone convince themselves they are not guilty?

Walter Reaves
December 19, 2008 21:39

I recently had a case where there was physical evidence that had not been tested. The police didn't test it because the case against the defendant seemed strong. The evidence could exonerate him, and my client insisted it be tested. We went over the risks, the biggest being that he was going to...

How biased are judges?

Walter Reaves
December 17, 2008 00:06

There's been a good discussion over the last several days about what it takes to be a good criminal defense lawyer, and how well prosecutors can transition into being defense lawyers. Mark Bennett astutely pointed out the concept of confirmation bias; the tendency to see things we expect to see....

Finding snitches in the want ads

Walter Reaves
December 10, 2008 15:13

Thanks to Grits for this post. Most police departments rely on confidential informants out of necessity. The people who know about crime are usually are the ones involved in it. Some departments rely on informants more than others; its easy to make a case with an informant, and some officers may...

What happens when you trick the cops?

Walter Reaves
December 07, 2008 04:29

This comes from Robert Guest at Dallas Criminal Defense Lawyer. A new reality show descended on Odessa, Texas. Apparently they went in response to a case involving Yolanda Madden, after an informant used by the police department testified in Federal Court that he planted evidence on Madden; she was...

The lawyer did it! - Another case of mistaken identification

Walter Reaves
December 04, 2008 21:52

I've written before about the unreliability of eyewitness testimony. Most people (including jurors and prosecutors) believe eyewitness testimony is generally reliable. In fact, most prosecutors are ecstatic when they have a case with an eyewitness. We have seen countless examples during the last...

When does the defense go too far?

Walter Reaves
December 01, 2008 19:01

In case you haven't heard about this, Vanity Fair recently had an article about a mother who refused to accept a guilty verdict in her son's murder case. John Giuca's mother, Doreen Guiliano, was apparently prepared to do anything to help her son. She ultimately created a false persona, by dying...