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From the Marine Corps to the Courtroom, Prominent Texas Attorney: Terri Zimmermann

From the Marine Corps to the Courtroom, Prominent Texas Attorney: Terri Zimmermann

Houston, TX—When Terri Zimmermann was growing up, she didn't think she would end up becoming the criminal defense attorney she is today.

“My father was a lawyer and a Marine officer, and although I loved and admired my father, I told myself from an early age that I would never go into the military or become a lawyer,” Zimmermann told laws.com in a recent interview.  “But I think destiny had other plans for me.”

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After graduating from Georgetown University Law Center, Zimmermann began her active duty tour in the Marine Corps and eventually became a prosecutor.  “The Marine Corps tells you what to do, you don't always have a choice.  Although I was excited about getting into the courtroom, I became a prosecutor because the Marine Corps thought it would be the best place for me at that time” she says.

After working as an active-duty Marine for three and a half years, Zimmermann joined her father's criminal defense practice, Zimmermann, Lavine, Zimmermann, & Sampson, becoming a shareholder after 11 years of practice in 2007.  She says that making the choice to team up with her father's firm was one she didn't take lightly.

“I didn't think it would be fair to let all the knowledge I had gained  while on active duty go to waste, and I began to appreciate what my father was doing—he was fighting for the underdog,” Zimmermann says.

From there, starting to litigate in a courtroom made Zimmermann happy with her choice.  “I did not want to be a paper pusher, or fall into the arms of personal injury or real estate litigation, and handling civil cases usually meant never seeing the inside of a courtroom,” she explains.  “I knew I was not going to be happy in my career choice unless I was litigating in a courtroom.”

When it comes to defending her clients in court, Zimmermann believes that one of the best strategies in her arsenal is using respect and courtesy for everyone involved—even the prosecutors.  “A lot of animosity between prosecutors and criminal defense lawyers can be avoided if they learn to treat one another with respect and view each other as individuals,” she says.

The rest of the courtroom staff matters, too, Zimmermann believes: “It's sad and bothersome for me to see young lawyers treat the court staff disrespectfully and with an attitude.  What many of these ego-driven lawyers fail to understand is that the court staff can sometimes help lawyers out in ways they never expect.  My best advice to a rookie would be to always be nice to everyone in the court.”

Zimmermann’s respect and fearlessness for litigating cases in court has led her to be recognized as one of the top trial lawyers in the state of Texas by The National Trial Lawyers. She has worked on several nationally-known cases including the "Border Shooting Case" where an active duty Marine returned fire on the United States-Mexican border, killing the man who had fired at his patrol augmenting the civilian drug interdiction efforts. No charges were filed after three grand jury investigations.

More recently, Zimmermann represented a client in the Court of Appeals for the Armed Forces where she was granted relief for her client, reversing the Air Force Court of Criminal Appeals on an unlawful command influence issue. The Air Force declined to retry the case and the charges were dismissed.

As an active member of the Marine Corps Reserve, she recently completed a three-year tour as an appellate judge for the Navy and Marine Corps Court of Criminal Appeals.  “I am very proud of that assignment,” Zimmermann says of her selection as an appellate judge.  “It was a very competitive process to be selected by a board based on merit.  It was an amazing and wonderful experience.”

Today, Terri Zimmermann is board certified in Criminal Law and Criminal Appellate Law by the Texas Board of Legal Specialization and is certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. She is licensed to practice law in Texas and Maryland, as well as the United States Supreme Court, the United States Court of Appeals for the Armed Forces.

Despite all accolades and work she has accomplished she says she still has more to do.  “I am still in my 40s, and I am looking forward to what other wonderful things may be on the horizon for me.”
To learn more about Terri Zimmermann and her practice, click here.

Top Trial Attorney James Brosnahan Reflects on 50 Years of Law Practice

Top Trial Attorney James Brosnahan Reflects on 50 Years of Law Practice

San Francisco, CA—One of the top 30 trial lawyers in the United States, James Brosnahan first realized he wanted to practice criminal law before he even went to law school.

Once he graduated, he was plunged directly into the deep end.  “My very first trial was a first degree murder case,” Brosnahan recalled in a recent interview with laws.com.  “Of course, at that time, it was a very big case for me.  It was in the Pima reservation, south of Phoenix.”

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Brosnahan has been practicing law for over 50 years, most recently at Morrison & Foerster, recently named 2013 Law Firm of the Year by Chambers Global.  In half a century of practicing law, the situation has changed substantially for criminal defendants.

“Today, it is extremely difficult for criminal defense lawyers to practice law, because of the federal sentencing guidelines,” he explains.  “They basically convert humans into mathematical statistics.”

These sentencing guidelines have led to an increase in plea agreements.  Making the decision to plea bargain or go to trial is rarely an easy one, according to Brosnahan.  “Before going to trial or taking a plea deal, I always analyze the future of my client.  What is this plea deal going to do for my client's future?  What is it that I can do to benefit my client's future?  And—most importantly—what does the client want to do?”

After representing clients in a number of high profile cases, Brosnahan has his pick of cases today, specializing in over 25 areas of practice.  “I choose cases if there is an interesting issue in the case,” he says.  “What really gets me going is if the government has overreached, and they oftentimes do.  I like to resist that, and find out how to do things within the rules, because they're hardly ever what the government thinks they are.  Many times, the defendant is not guilty of what they were charged with.”

Brosnahan believes that it's hard to overestimate the role of individual jurors and jury selection during trial.  “I don't think I knew enough human psychology when I first started, and I did not comprehend the real dynamics of jury deliberations,” he says.  “I thought early on that the outcome of the case was all based on my performance, but it turned out that the jury plays a much bigger role than I thought.”

Taking high profile, difficult cases, including for defendants like John Walker Lindh, has led to media attention—and the press can be tough to deal with.  “What I have learned from working on these high-profiled cases is to not let the spotlight change or influence the integrity of my work.”  While it can be tempting to talk to the press, Brosnahan cautions younger attorneys: “The only audience that matters is the judge and the jury, so a lot of attorneys have to be extremely careful not to let the media bully them around.”

When getting started in criminal defense, Brosnahan says that it's critical to know how you appear and sound in court.  “Practice your delivery as much as possible.  Public speaking is essential in this practice, so you must find as many opportunities to speak to a large audience as possible.  It also doesn't hurt to read a few biographies of notable criminal defense attorneys to have a better understanding of the practice.  What has worked for me—and what I highly recommend—is to talk to criminal defense attorneys who have the time and patience to answer questions.”

Morrison & Foerster strives to be an extremely well-balanced law firm, providing a broad range of services. With more than 1,000 lawyers in 16 offices in key technology and financial centers in the United States, Europe and Asia, their clients include some of the largest financial institutions, investment banks, and Fortune 100, technology and life science companies. To learn more about James Brosnahan and his practice, click here.

My Job is To Defend My Clients Not Judge Them, Says NY Criminal Defense Attorney

My Job is To Defend My Clients Not Judge Them, Says NY Criminal Defense Attorney

New York, NY—A. Adam Mehrfar says that the case that reinforced his core beliefs the most involved a client whose beliefs couldn't have been more different from his own.

“I had inherited a case from another lawyer, where the client had previously been convicted of homicide and was out on parole,” Mehrfar recalled to laws.com in a recent interview.  “It was alleged that in November 2001, just two months after September 11th,  this client had been on a subway train in full Islamic garb, holding a duffel bag, making anti-American statements and stating that he ‘was going to kill somebody.’ Passengers alerted the conductor, who stalls the train for investigation.  The client got off the train and when the police tried to stop him on the street he resisted.  It took several officers to hold him down.  When they finally subdued him they found a loaded gun in his waistband and more ammunition in his duffel bag.” 

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“Regardless of how much we disagreed on American policy and as someone of the Jewish faith myself –  I’m sure we disagreed on many matters we developed a great professional relationship over time.  He saw how hard I fought for him and really appreciated it.  For someone who had been convicted of homicide and had some misplaced notions, I found that there was a lot of humanity in him.  People would ask me how I could defend such a person, but it was never even remotely an issue for me.  My job is to defend my clients, not to judge them.” 

In law school, Mehrfar focused on the only two areas of law that really appealed to him – criminal defense and entertainment law.  And after spending a few years as a Staff Attorney at the Legal Aid Society, Mehrfar started his own firm in 1999, specializing in criminal defense and entertainment law.  Fourteen years later, with a successful law practice, he says he couldn't be happier. 

“I couldn't picture myself doing anything else,” he says.  “I always had a strong interest in justice related issues, and when I was in law school, it was one of the only areas that really appealed to me.” 

Today, Mehrfar believes that a good defense attorney can help clients to feel less anxiety and dread about pending criminal trials.  “Being charged with a crime can take a huge toll on the accused.  I tell my clients that once they hire me, it becomes my burden to shoulder.  I ask them to go back to living their normal lives, and to trust me with handling their case.” 

Meanwhile, Mehrfar says, new attorneys should remember that no matter how talented they are, nobody comes into the profession with all the knowledge they need.  “Be humble.  You won't know everything there is to know in the beginning of your career.  Each year that goes by, you will learn new things—that's why they call it practice.  I recall being a bit of a cocky young lawyer myself, and I look back now and realize that I knew much less than I thought I did.”

People considering criminal defense as a career should seriously consider if it's their true passion, according to Mehrfar.  “Only do it if you really feel it in your gut.  It's not nearly as glamorous as you see on television,” he says.  “You really have to have the burning desire to do this kind of practice, because you carry a lot of weight on your shoulders.  You are responsible for your clients' lives and freedom.” 

His entertainment practice has also flourished- allowing him to have represented an extensive client list, such as New York Times best-selling author and reality TV star Bethenny Frankel, Flying Television Productions LLC, the premier talent booking and brokering firm of New York City, and many other artists in the arts and entertainment. 

Having practiced law for 17 years, Mehrfar takes pride in his trial work, achieving a 71% acquittal rate, four times the average rate. There is no doubt that Mehrfar has dealt with complex cases but through his experience and perseverance he has learned to provide a zealous defense to those clients who seek him. 
To learn more about his practice visit www.mehrfardefense.com

Maryland Lawyer Peter Fayne’s Path to Criminal Law

Maryland Lawyer Peter Fayne's Path to Criminal Law

Riverdale, MD—Peter Fayne's path to criminal defense law was anything but ordinary.

When Fayne started working after law school, he started working as a prosecutor—a role he believed he'd stay in for a lifetime.  “It's what I always wanted to do, and I thought that was where my future would be,” he recalled in a recent interview with laws.com.

Fate, however, would soon take him down another path.  “I resigned my position in less than a year in order to pursue a lifelong athletic dream,” Fayne says.  He trained full time to qualify for the US Olympic trials in the decathlon, and then returned to the legal world a year and a half later once he had finished that quest.

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However, when Fayne got back, he found that his job at the prosecutor's office was no longer available—“so I decided to switch sides,” he says.  “I was extremely fortunate to work for a legend in the criminal defense bar in the State of Maryland, Fred Joseph.  Fred taught me not only to be proud of being a criminal defense attorney, but that our role was just as important, if not more so, than that of prosecutors.”

Soon after starting a solo practice, Fayne got plunged into the deep end of criminal defense with a high-profile murder case.  “When meeting my client in the jail for that first time, I have never forgotten him crying to me and telling me that he was innocent and did not commit this crime,” Fayne recalls.  “As a young criminal defense attorney, those moments really stay with you—the person's future is literally in your hands.  After investigating the case, I became fully convinced that my client was indeed an innocent man.”

After a trial lasting a week, the client was acquitted.  Fayne says: “My client's mother, who was in the courtroom, immediately grabbed me, with tears in her eyes, and said, 'thank you for giving me my son back.'  Then, my client turned to me, gave me a big hug, and said, 'thank you for giving me my life back.'  I will never forget those words or that day.” 

The legal practice is changing for criminal defense attorneys today, according to Fayne, in part because of the way that trials are portrayed in the media.  “Forensic science is playing a much bigger role, with jurors all watching CSI and expecting the same type of forensic evidence to appear in court,” he says.  “That being said, DNA and video surveillance evidence have been and are becoming more powerful weapons for the prosecution.  It is important for the criminal practitioner to not only be well-versed in these areas, but to have experts available to assist in the preparation of the defense.” 

While he may not have started his legal career wanting to be on the defense side of the courtroom, Fayne says that now, he wouldn't have it any other way.  “I have had the opportunity to represent some incredible people who have taught me a thing or two about life,” he says.  “I've had some interesting experiences which range from attending a wedding in a jail and giving away the bride to being in the middle of courtroom melee during trial.  Through it all, I've represented individuals from all walks of life and I am very proud that fact.”

“In the end, what truly matters to me is that I have made a real difference in people’s lives especially those individuals who I truly believe have been wrongfully accused of heinous crimes they did not commit.  Each one of them have been found not guilty…and to me preventing an innocent person from being convicted for a crime they did not commit is why I do what I do”

No Litigation Challenge Too Tough for New York Litigation Specialist

No Litigation Challenge Too Tough for New York Litigation Specialist

Buffalo, NY—Named “Lawyer of the Year” last year by the Erie County Bar Association, litigation specialist Terry Connors says that he knows he's doing the right job.

"I love being a lawyer, and if I had to do it all over again, I would not change my course one bit,” Connors told laws.com in a recent interview.

For Connors, that course began during law school, where he started watching trial attorneys in action and realized that he wanted to become one himself.  Today, he and his eight partners form Connors & Vilardo, a litigation boutique that specializes in trial and appellate representation. 

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“The field of litigation is a very broad practice,” Connors explains.  “In our firm, one day we may be litigating a constitutional claim, while the next day we may be arguing for a profoundly injured person.  It's exciting to come to work to see what is next on my calendar—there is always something new.”

The cases that Connors likes best are cases where a lot is on the line.  “I like to be in the ring when the stakes are high,” he says.  “These cases get my blood flowing – – a homicide case where someone’s life is literally on the line – – a business that is trying to survive – – a seriously injured person who is counting on our firm for his future.  These are very challenging, but I like it when the stakes are high.”

Connors says that a murder case early in his career was the case that convinced him he was in the right profession.  “I took a homicide case that was coming back for a re-trial.  The client was convicted and had spent years in prison.  On re-trial, I was successful in obtaining an acquittal.  Not only was it life-changing for the client, but it was life-changing for me, because I got to stand next to my client when he walked out the door, a free man, after spending a third of his life in state prison.  It was an overwhelming feeling,” he says.

Over the years, clients have come to Connors for a wide variety of reasons, and some have left him with mementos.  “I represented a client who was in the entertainment business and was injured during a performance,” he says.  “My firm was able to obtain a record-breaking verdict in Western New York—$58 million.  When the case was over, he painted me a portrait, using a toothbrush in his teeth.  I hold it dear to my heart.”

Now that he has been named the #1 attorney in Upstate New York by SuperLawyers, Connors says that his practice also attracts “very large white-collar criminal cases.  Businessmen, doctors, other lawyers, and judges are some of my clients.  These cases are considered white collar criminal cases, because they require an entirely different strategy and approach.”

When it comes to litigating, Connors believes there's no substitute for hard work and experience.  Young attorneys and law students, Connors says, should “learn the rules of evidence.  The foundation for a trial lawyer is a keen understanding and knowledge of the rules of evidence.  You must know these rules like a hand fits into a glove, because these rules are the tools you are going to use to defend your clients.”

 There is no doubt that Connors knows how to defend his clients when the stakes are high and for that reason, he formed his own litigation boutique – composed of the best and brightest litigators. Connors & Vilardo was founded upon the principle that no litigation challenge is too tough for a team of talented, hard-working, committed lawyers. Recognizing that high-stakes litigation is never routine, Terrence M. Connors and Lawrence J. Vilardo left one of Western New York's oldest and largest law firms to build a firm designed to adapt to any challenge, match up against any adversary, and approach any problem with a strategy to win.

Eric Franz: First Class, First Rate, Trial Lawyer and Representation

Eric Franz:  First Class, First Rate, Trial Lawyer and Representation

New York, NY—Eric Franz, a criminal defense attorney in New York City, has built his career on leveling the playing field within the justice system.

Fighting for the underdog has become a lifelong passion for Mr. Franz.  “I’ve always been very competitive and I love challenges.  When I was a public defender, tried many cases which my colleagues deemed to be “unwinnable”, but through hard-work and perseverance, I obtained acquittals.” he explained to laws.com in a recent interview. “Over the years I’ve found that the government, with its vast resources, has grown increasingly comfortable with pushing the little guy around. Well, I’ve committed my career to pushing back, and I’ve had a significant amount of success doing so.”  I always remind myself that, no different than when I was a competitive wrestler,  in this profession, “second place is last”.  Thus, no stone shall be unturned in my quest for the best outcome for my clients.

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By way of example, in his first major defense case working for clients accused of racketeering, Franz states “you cannot rely on the government's claims that the case against your client is strong. Despite the excoriating articles in the media against my client, I was able to sift through the evidence and exploit the seam in the government’s case.”  After a tenacious defense of his client, Franz saw the racketeering charges dismissed.  Franz continues, “that case was also important because it trained me how to deal with the media, which was invaluable when I began representing high profile individuals.”

During his career as a defense attorney, Franz has represented celebrities like Christian Slater and Ice-T.  According to him, both celebrities and non-celebrities want the same thing when they bring a case to his office: “make it go away.”  

However, there are important differences, too: “They differ to the extent that some celebrities are used to getting what they want, which can make representing them more challenging. It’s difficult at times for celebrities to realize that when it comes to the law, being a celebrity doesn’t make the evidence against them any less compelling. Indeed, once the media is involved, the added attention makes government prosecutors more aggressive, which requires an equally aggressive defense attorney to protect the celebrity’s rights.”

Today, Franz says that one of the most difficult challenges his clients face is whether they want to exercise their right to a trial.  According to Franz, you should only pursue trial “when you have a chance of winning, and most importantly, when the client is prepared to take the risks which accompany a potential guilty verdict.  If the client is unwilling to take that risk, then it is not a good idea to proceed to trial.” However, “when you mount an aggressive defense, you usually get a favorable plea offer—one that is usually too good to turn down when weighed against the risks of trial,” he says. “So, quite frequently, the hardest decision my clients face is having to choose between a rock-bottom plea I negotiated with the government and pursuing a trial that, despite my courtroom abilities, involves a significant amount of risk.”

For anyone hoping to become a criminal defense attorney, Franz's advice is simple.  “Go to court, go to court, go to court,” he says.  “Observe trials, so you can learn how it works in real life—there is no substitute for this kind of exposure.  The biggest rookie mistakes are not knowing the real value of a case, which can only come with experience, and not understanding the whole picture, the law, and the rules of evidence.  Unless they have the knowledge, which can only come from experience and hard work, mistakes are sure to follow.”

The Law Offices of Eric Franz has built a reputation for successfully representing numerous clients in state and federal criminal cases. Franz, a graduate of Fordham Law School, commenced his career as an appellate attorney, successfully arguing numerous appeals before the Appellate Courts, and then pursued trial work as a public defender. As one of the most sought out New York City criminal defense attorneys today, he relentlessly seeks success for his clients. To learn more about the Eric Franz and his practice visit https://www.efranzlaw.com/.

Defending the Little Guy is My DNA, Prominent Michigan Attorney Neil Rockind

Defending the Little Guy is My DNA, Prominent Michigan Attorney Neil Rockind

Southfield, MI—Neil Rockind was a good prosecutor—even a great one.  But after four years working to convict people of crimes, he began to feel like he needed a change.

“I got tired of representing the state and using what skills and talent I have to convict people,” Rockind told laws.com in a recent interview.  “I thought that convicting people and incarcerating them was something that seemed fairly easy to do, but the more I ended up working as a prosecutor, the less comfortable I began feeling about it.”

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Those uneasy feelings led to Rockind making the switch to private defense practice.  Today, his skills as a defense lawyer have made Rockind one of the most prominent attorneys in Michigan and secured him a role as a legal commentator for WDIV (NBC) and WJBK (Fox 2). His cases have also been covered by major networks and news periodicals across the country.

“Defending the little guy is part of my DNA,” he says.  “There are certain people who have the DNA to work for the government, and that just isn't me.  My grandparents were Holocaust survivors, and I identify with the little guy very much.  Even at a young age, I ran to the defense of the little guy.  I never liked being part of the majority, and I always prefer backing David to Goliath.”

Today, Rockind believes that Goliath is the legal system—the police and courts working in concert to convict people.  He has represented clients in a wide range of state and federal cases, including the notorious “Basketbrawl” case stemming from an infamous fight involving both players and fans at a 2004 basketball game between the Detroit Pistons and Indiana Pacers.

Media portrayals of police and trials have made it harder for defendants to get a fair shake, according to Rockind. “Our society hates crime so much, and the fact that we're inundated with crime-based television shows doesn't help.  Police officers are revered in these shows, while defendants are villainized.”

Attorneys who are defending clients are fighting against public perception as well as against the prosecution, says Rockind, which means that lawyers need to take risks.  “Be fearless,” he advises.  “You can't worry too much about what the prosecutors or judge will think of you.  If you want to be the prosecutor's or the judge's buddy, I suggest you go into another profession.  It's difficult to be fearless, but if you aren't, you aren't going to be doing your client a service.  You can't be zealous and careful at the same time.”

In his own legal practice Rockind says that he has followed his own advice.  “In the course of my career, I have stepped on many people's toes, but I don't apologize for that.  If you are overly sensitive and don't like what I do, you don't need to be my friend.”

Being a defense lawyer is often not easy, and Rockind believes that people should think hard about whether defense is the right field for them before they enter the profession.  “It takes a strong advocate to be able to deal with this challenge, and not everyone is cut out for it,” he says.  “If success was solely based on the defense attorney's performance, then I wouldn't lose—I truly believe this.  There is no other attorney who can match my individual talent in court, and no one is going to outwork my firm.”

To learn more about Neil Rockind and his practice, click here.

Colorado Attorney Focuses on Achieving Optimum Results through Effective Representation

Colorado Attorney Focuses on Achieving Optimum Results through Effective Representation

Boulder, CO—For Josh Maximon, a life devoted to the law started with a personal tragedy.

“My dad was a larger than life character, but when I was just ten years old, he died tragically,” Maximon told laws.com in a recent interview.  “He died under suspicious circumstances and I felt robbed of my time with him.  This was a turning point in my life. It led me to want to do something with my life and fight for justice.”

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Maximon, who worked in law offices in London, New York and Denver before starting his own firm, Mann & Maximon, believes that the biggest challenge for trial lawyers today is that they are continually interacting with certain prosecutors and judges who are led by fear.  This sometimes prevents judges from honoring people's rights, and as a criminal defense attorney, we have to get prosecutors and judges to recognize the proper limits of the law, including the appropriate recognition of individual rights by law enforcement.”

 This is often a particular challenge for new criminal defense attorneys, according to Maximon.  “You must have confidence in what you are doing, and don't let a situation or another lawyer or judge intimidate you.  Let your preparation and hard work carry through,” he says.  “I have witnessed other attorneys in court let the prosecutor and judge intimidates them.  I never let anyone buckle me down, and I remain confident in my convictions.”

That confidence led to courtroom victories, which in turn have caused Maximon to win many accolades.  Super Lawyers named him a 2013 Super Lawyer in Colorado, and he was named one of the Top 100 Trial Lawyers by the National Trial Lawyers Association, as well as a Top 100 Litigation Lawyer by The American Society of Legal Advocates.  He is a member of the Million Dollar Advocates Forum.  He has also lectured for Stanford University on topics relating to international policy.

Now that he runs his own firm, Maximon is able to pick and choose which cases he takes.  To do that, he says, “I learn my client’s stories first.  I take the time to listen to their case.  The need to capture and tell that story motivates me to work on a case.  I root for the underdog—people appreciate stories about an underdog.”

Maximon has worked alongside other renowned attorneys, including defense legend Bryan Stevenson, on high profile cases.  “I worked with Bryan Stevenson on a case where the defendant was on death row,” Maximon recalls.  “It was a juvenile case that was overturned when the Supreme Court changed the law such that juveniles could not be sent to death row.”

One of the biggest decisions for defense attorneys is to recommend whether their clients should accept a plea agreement.  “It's a really difficult decision, and a lot of times, it is motivated by how much that person has to lose,” Maximon says.  “For example, if you are working on a sex offender case and your client is given an offer that is favorable to them, they have to weigh the risks of potentially losing at trial.  The decision is made by the client with a strong recommendation by the lawyer, but a lot of times, it's driven by the draconian consequence of losing.”

Maximon has simple, timeless advice for any would-be attorneys who want an edge in the courtroom:  “Work hard.  Pay attention to every little detail.  Strict preparation is what makes you stand out from the pack.”

Maximon is a Colorado native and lives in Boulder with his family and is a sports fanatic. He played professional soccer in Slovakia and says that having lived outside the US has made it easier for him to relate to people and to have a more complete and compassionate picture of humanity.

To learn more about Josh Maximon and his practice click here.

Connecticut Criminal Trial Specialist Richard Meehan Talks Defense

Connecticut Criminal Trial Specialist Richard Meehan Talks Defense

Shelton, CT—Richard Thomas Meehan decided to specialize in criminal law the day he saw his father win a big verdict.

“As a 1L, I was assisting my dad, who was trying a murder case in our old Superior Court building,” Meehan recalled in a recent interview with laws.com.  “The case was a sensational murder case, and the jury deliberated far into the night, returning a verdict of 'not guilty' at about 10 PM.  The room was electric, the tension and anticipation after the jury knocked on the door to announce that it had a verdict was like a drug to me—I was hooked.”

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Nearly four decades later, Meehan has received a great level of success and has received numerous accolades for his zealous trial work.  He is a fellow of the American College of Trial Lawyers- named one of the top 100 trial lawyers in Connecticut and of the International Academy of Trial Lawyers, limited to the top 500 litigators in the United States.   

His skill and achievements have led him to also  be certified as a Criminal Trial Specialist by the National Board of Trial Advocacy. 

As a Criminal Trial Specialist,  Meehan believes that defendants and defense lawyers are facing an uphill battle.  “One of the biggest challenges is the increasing presence of private video surveillance systems,” he says.  “The recent use of those in apprehending the Boston bombers is an excellent illustration.”

However, according to Meehan, those same systems can also be used to the defense's advantage when a defendant is innocent.  “I represented a fellow who had once been convicted of stalking a former lover.  She continued to try to have him arrested each time there was a chance encounter,” he recalls, saying that in one of these arrests, the accuser said the defendant had pulled up behind her at a gas station.

When the video from the gas station came out, though, it showed something different: “The video showed her actually pulling into the gas station, apparently having recognized his car, and then she pulled out in front of him and called her friend, who was a local cop, complaining that he was right behind her,” Meehan says.  The state dropped the pending cases against his client.

When it comes to young attorneys entering the profession, Meehan says that the biggest challenge is “the lack of trial opportunities.  Because of the proliferation of pre-trial diversionary programs and the crush of cases in the system, many do not know how to build a viable defense.”

A lack of available cases has also made it too easy for criminal defense lawyers to bite off more than they can chew, according to Meehan.  “We have such a crush of new lawyers that there is not enough business to go around.  Young lawyers will take cases way beyond their ability and experience level.  Learning how to seek a mentor, even if one is a sole practitioner hanging out a shingle for the first time, is crucial.”

One of the biggest factors leading to a lack of trial experience in young defense lawyers is the fact that very few cases proceed to trial at all today.  “A recent opinion from the US Supreme Court noted that in excess of 97 percent of all federal prosecutions and 94 percent of state prosecutions nationwide resolve with pleas,” Meehan says.  “Trials are expensive and risky—they are the last resort of the truly innocent or the unrepentant guilty.”

Most recently, Meehan has come to the forefront of criminal litigators in the State of Connecticut as lead counsel to Bridgeport’s Mayor Joseph Ganim in defense of a 24-count federal public corruption indictment.

Outside the courtroom, Meehan, together with members of his family, founded the Christian Meehan Hope Foundation for SIDS in recognition of his infant grandson, Christian Tomas Meehan, who succumbed to SIDS in 2003. He also considers himself an avid sportsman – accomplished flyfisherman, boater and motorcycle enthusiast.

To learn more about Richard Meehan and his practice click here.

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