“Off The Back”

/"Off The Back"

“Ignorance of the Law is Now an Excuse”

Here's my take on another inauspicious decision by the United States Supreme Court. It's Heien v. North Carolina, 574 U.S. __, 135 S.Ct. 530, 190 L.Ed.2d 475 (2014). If you've been under a rock recently and missed the action, the upshot of the case is police officers can now rely upon a reasonable mistake of [...]

By | February 12th, 2015|"Off The Back", Criminal Law Developments|Comments Off on “Ignorance of the Law is Now an Excuse”

“Marketing Your Credibility Online”

Criminal defense lawyers are reservoirs of credibility. We work to establish it with prosecutors, judges, and witnesses . . .  not to mention the juries who adjudge our clients' fate. With potential new clients, from the moment they decide to call for the first consultation, until our case file is closed, credibility makes the attorney-client [...]

By | January 20th, 2015|"Off The Back", Practice Management and Fees|Comments Off on “Marketing Your Credibility Online”

“Quick-and-Dirty Phlebotomy Basics”

The DWI blood test case is becoming the stock-in-trade of many law enforcement agencies across the state. Whether it's a sample provided voluntarily after arrest, or obtained via search warrant following a refusal, defending blood tests are now commonplace for the DWI defense attorney. Making preparation more demanding is the technical nature of these cases. [...]

By | December 5th, 2014|"Off The Back", Bryan College Station DWI, Courtroom Trial Practice|Comments Off on “Quick-and-Dirty Phlebotomy Basics”

“Defense at a Premium”

Providing clients the highest level of customer service is a top priority. Generally, high quality service results from the time we invest in a case and legion are the justifications for managing our caseloads accordingly. More time invested generally means better service. One caseload management approach is expressly rejecting new clients. However, I was never [...]

By | November 3rd, 2014|"Off The Back", Practice Management and Fees|Comments Off on “Defense at a Premium”

“Who Should Polygraph Our Clients?”

For young criminal defense attorneys learning the ropes, "who should polygraph my client" is a familiar question. There are limited exceptions to this rule but, generally, defense attorneys should not permit their client to submit to a polygraph examination administered by the police. The best reason is results of the police administered polygraph, including pre- [...]

By | October 2nd, 2014|"Off The Back", Police Encounters|Comments Off on “Who Should Polygraph Our Clients?”

“Never Give Up”

"Off the Back" is a phrase used in competitive road cycling describing a rider dropped by the lead group who, consequently, has lost the energy saving benefit of riding in the group's slipstream. Once off the back the rider struggles alone in the wind to catch up. It's difficult and lonely. Often you feel as [...]

By | August 26th, 2014|"Off The Back", Personal Thoughts|3 Comments