Defending People

the tao of criminal defense trial lawyering

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 [...]