Defending People

the tao of criminal defense trial lawyering

NLS Tactics and Strategy

Mark Bennett | August 27, 2008

Blonde Justice and Western Justice (what is this “Justice” thing of which you speak?) have addressed the question of why a criminal defense lawyer would not share exculpatory information before trial with the Government. WJ asked, “why would someone wait until trial to show the prosecutor exculpatory information like that?”
The Blonde’s answer (written before [...]

The Client’s Decisions, the Lawyer’s, and Chastisement to Insolent Pups

Mark Bennett | July 28, 2008

In a criminal case in Texas, the accused has five decisions to make:

Whether to plead guilty or not guilty;
Whether to try the case to judge or jury;
Whether to ask (in the event of conviction) for probation;
Whether to testify or not; and
Whether to have judge or jury (in the event of conviction) assess punishment.

The criminal defense [...]

The Defense Investigator

Mark Bennett | March 18, 2008

In a comment to my “Who Are You” poll post, reader Sean Shopes writes:

While I checked the “non-lawyer, elsewhere” box I thought I’d chime in as a criminal defense professional – I am a defense investigator in San Francisco. I am curious about your thoughts regarding defense investigators (to include Public Defender Investigators as well [...]

Four Nasty Little Surprises

Mark Bennett | February 29, 2008

I recently mentioned that part of being prepared for trial is having “nasty surprises for the State prepared.” For each of the cases I have set for trial, I have an NLS prepared. Often the Nasty Little Surprise (“NLS”) is the cornerstone of the successful defense of a criminal case.
An NLS can be a piece [...]