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» Entries tagged with "strategy"

What the "Hot-Shots" Do

I judged a law school moot court client counseling competition last week where the competitors were supposed to play the role of a lawyer in an initial consultation. One competitor struggled at times formulating questions, and he told the judges that was because he was concerned about asking too many questions. He didn’t want to know too much. Of the three judges, two of us practice criminal law. The third, a transactional lawyer, deferred to us to instruct the competitor about what to do about that dilemma. I answered by telling the competitor it wasn’t really a single dilemma with a clear answer I could give him right there, but more of a daily reality of practicing law in a field where you represent people. To know what … Read entire article »

Filed under: Clients, lawyers, Practice in General

Trusting Prosecutors

In Arizona, victims can choose whether or not to be interviewed by a defendant or his attorney. In pretty much every case, I send the prosecutor a letter asking whether the victim would be willing to submit to an interview. Victims almost never want to speak with me, so I’m forced to trust that the prosecutor actually asked them about consenting to an interview. I’m not a very trusting person, and I’m especially suspicious when there’s no way to verify what someone tells me. That’s the case with victim interviews. I bet a lot of prosecutors never bother asking victims, but in most instances, I have no way of proving it. I can’t later seek out the victim and find out. That would be a … Read entire article »

Filed under: Professionalism, Prosecutors, Trial, Victim's Rights

Arizona's Unusual Statute of Limitations

Although Arizona courts have on multiple occasions explained that statutes of limitations are to be construed liberally in favor of the accused and against the prosecution, in practice, that doesn’t make an awful lot of difference. According to at least one Arizona court, our criminal statute of limitations is explicit. Unlike most states’ statutes of limitations, which begin running at the time of the offense, it doesn’t begin to run until the state actually discovers or should have discovered the offense. The law allows some serious injustice to take place as long as it isn’t the state’s fault. A victim can wait as long as he or she pleases before going to authorities, and as long as there’s no reason the state should have known earlier, charges can … Read entire article »

Filed under: Arizona Cases, Arizona Statutes, Procedural Rules

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