Indianapolis, IN—After 21 years working in criminal law, Frederick Vaiana knows that defense lawyers are facing an uphill battle every time they enter a courtroom.

“I think any good criminal defense attorney spends the bulk of his efforts just trying to get a level playing field,” Vaiana told laws.com in a recent interview.  “All we want is a fair fight—if we lose, we lose.  The odds are stacked against us for the most part, anyway.  We just want a level playing field.”

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Named as a Super Lawyer in Indiana since 2007 and one of the Top 100 Trial Lawyers in Indiana by National Trial Lawyers, Vaiana has become one of the most acclaimed attorneys in the state.  He says it doesn't come easy: “Being a good lawyer includes wisdom both in and out of the courtroom.  It includes being a good businessperson.  Most of all, it includes being the best thing your client has in their life.  Follow the age-old formula: the more effort you put into your law practice, the more success you get out of it.”

While Vaiana says that he'll take cases for people accused of nearly anything, he says that he does have some limits.  “One time in my career, I actually asked someone to leave my office after interviewing him,” he recalls.  “After he expressed no remorse for raping a two-year-old child, and actually couldn't see the wrong in doing so, I felt that I couldn't give it my all in defending him.  He deserved a lawyer that would give him their best effort—I simply wasn't that lawyer.”

Today's criminal defense attorneys face challenges that aren't just inside the courtroom—the economic environment can be tough for them, too.  “Public defenders, at least in my local area, are appointed to somewhere between 80 percent and 90 percent of the entire criminal docket,” Vaiana explains.  “So if 80 to 90 percent of all criminal defendants are receiving public defenders, that only leaves 10 to 20 percent of the defendants for the private bar.”

From there, the situation gets even harder for defense lawyers, he says: “Out of that small slice of the pie, you have the competitive nature of the marketplace of private lawyers themselves.  With such a small slice of the pie to wrangle over, pricing becomes an issue for many individuals.  Some of the better quality lawyers are forced to lower their fees simply to compete with those undercutting the market.  In short, it's becoming a tougher and tougher way to make a living—especially to defend a case the way that it needs to be defended.”

In this environment, Vaiana believes some attorneys take too many plea deals instead of doing more work to take a case to trial:  “Some lawyers call themselves trial attorneys, but many of them have not tried a case for years, if ever.  Be they too scared or intimidated by the other side, or just plain lazy or incompetent, many lawyers take the easy way out, many times to the detriment of their clients.” He strongly believes that if defense attorneys put in enough effort and preparation into trying cases, success is attainable.

In a contentious courtroom, Vaiana says that the relationships he has worked to build with judges and prosecutors have made a positive difference for his clients.  “When there are no silly games being played between the parties, things can get accomplished in a palatable fashion for all.  Everybody—judges, prosecutors, defense attorneys, and clients—needs to take a very real and pragmatic approach to what is before them.  Life is hard enough.  It seems like most lawyers spend half their time and energy just posturing, and that wastes our greatest resource: time.”

He is a respected author and commentator, regularly co-authoring articles for Indiana Lawyer magazine and serving as a guest on WTLC and WFNI radio stations. He also contributed as a co-author for Inside the Minds: Strategies for Defending Sex Crimes.

His hard work and success has not been unnoticed, several publications including Indianapolis Monthly and Law and Politics Magazine have recognized him as one of the best attorneys of the state of Indiana.

In addition, he’s held memberships in The National Association of Criminal Defense Lawyers, the National College for DUI Defense, and the criminal justice section of the Indianapolis Bar Association.

Today, Vaiana is part of the prestigious Indianapolis law firm Voyles Zahn & Paul, founded in 1919. Vaiana’s role at Voyles Zahn & Paul focuses on criminal defense, taking on cases from traffic law to major felony cases.

To learn more about Fredrick Vaiana and his practice click here.

West Palm Beach, FL— John Riordan, a partner at Kelley Kronenberg in West Palm Beach, knows that the public often misunderstands criminal defense attorneys.

 “Often I find that the general public has misconceptions about Criminal Defense lawyers and what we do,” Riordan told laws.com in a recent interview.  “We are vilified for some of the people we represent.  However, our role is necessary to ensure that everybody's rights are protected. Each client deserves, and is entitled to, competent counsel.”

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Riordan got his start in criminal law early.  “At age 18, while I was still in high school, I held an internship with the Miami Dade County State Attorney's Office, handling small administrative tasks,” he recalled.  “Just by being around the State Attorney and getting the opportunity to accompany him to court on occasion, I knew that criminal law was absolutely a career I wanted to pursue. Criminal law was exciting and something new to me, but most importantly, I saw the ability to help people.”

Today, Riordan takes cases that other defense attorneys might shy away from handling. This has contributed to him being named in Florida Super Lawyers magazine and winning other accolades.  “I am not in the habit of turning clients and cases down,” he says.  “I’ve worked on death penalty and sex crimes cases. While those are very difficult cases to handle, I am up for the challenge.  I am confident that I am able to provide the best legal representation to all of my clients.”

Representing clients in these types of cases is not always easy for a family man like Riordan.  “I have young daughters, and it is very difficult to listen to stories of the acts that some of these accused sexual predators have perpetrated on young women and girls. However, as a criminal defense attorney my passion goes beyond the simple representation of people charged with crimes. I fundamentally believe that every person accused of a crime is entitled to a fair trial. As a dedicated criminal defense attorney, I have taken a sworn oath to uphold the law and to do my best to ensure this is what happens. This duty enables me to fight through my personal thoughts and emotions and provide my client with the proper defense that he or she is entitled to.”

Riordan, who has tried more than 100 jury and non-jury trials in state and federal courts, says that anyone considering a career in criminal law should try to get involved in as many trials as possible early in their career.  “I would highly recommend that anyone interested in joining the criminal defense field should try and start their career with the prosecutor's office or the public defender's office,” said Riordan, who started his own career prosecuting cases for the West Palm Beach State Attorney's Office.  “Sometimes, you are thrown into a trial on the second or third day on the job and immediately get ‘hands on’ experience.”

According to Riordan, new attorneys also need to be careful and fully understand how much responsibility they have as a criminal attorney. “I think one of the biggest rookie mistakes a new criminal attorney can make is to take any particular case lightly, whether you are the prosecution or the defense. New attorneys need to recognize that they have someone's future in their hands. I don't think many attorneys understand the magnitude and weight of that responsibility.”

Due to his success, Riordan leads the Criminal Defense Department at Kelley Kronenberg, a national, full-service law firm.

Riordan is a native of Miami, Florida, and earned his Bachelor of Arts degree from the University of Miami in 1997.  Thereafter, he earned his Juris Doctor from Nova Southeastern University School of Law where he graduated in 2001.

To learn more about John Riordan and his practice click here.

Kenosha, WI—Michael Cicchini didn't intend to become a criminal defense attorney.

“I needed to get some trial experience in order to start my own practice,” Cicchini explained in a recent interview with laws.com.  “So I turned to criminal law, quite by accident.  Once I started, however, I couldn't believe the way the system worked.  Some prosecutors were insanely aggressive, some police would lie in the face of contrary evidence, some judges would buy any nonsensical argument that the prosecutor trotted out.”

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Often, he recalls, he saw prosecutors press charges that didn't really seem to match with the events the defendant was being accused of.  “Felony child abuse often consists of an alleged spank on the butt that 'caused pain,'” he says.  “Felony false imprisonment often consists of an alleged arm grab during an argument.  Felony extortion can consist of a person ordering another person to get off their property.”

While he had intended to branch out into other areas of law, the injustices he saw rankled him.  Soon, he realized he was hooked: “I just couldn't get away from criminal law.  It's now been more than 11 years, and I haven't practiced anything else.”

That decision proved to be a good one for both Cicchini and his clients.  Out of 27 trials so far in his career, most of which involved multiple criminal counts, the state failed to obtain a conviction on even a single count in 16 trials—nearly 60 percent—and in several others obtained convictions on only some counts.  Cicchini's reputation earned him a spot as one of the “Top Young Lawyers” in Wisconsin according to Super Lawyers, and one of the “Top 100 Trial Lawyers” in Wisconsin by National Trial Lawyers.

In addition to having a successful career in his criminal defense practice, Cicchini has also become a twice-published author.  Tried and Convicted: How Police, Prosecutors, and Judges Destroy Our Constitutional Rights  and But They Didn't Read Me My Rights!: Myths, Oddities, and Lies About Our Legal System. Both his books are about the law and criminal defense, and he is currently seeking a publisher for a third title.

For criminal defense attorneys today, Cicchini believes that one of the hardest parts of practicing may be staying open and paying the bills.  “Public defender referrals pay the same nominal rate that they did 12, or even 20, years ago, which means that in real dollars pay has plummeted,” he says.  “Due to the bad economy, many criminal defendants can't afford a private attorney's fees.  In short, a career in criminal defense may not be financially feasible for many lawyers in 2013.”

Young criminal defense attorneys, according to Cicchini, should make sure that they have the confidence in themselves that they need to successfully defend their clients: “The thought of having your first trial can be intimidating, but don't let that cloud the advice you give.  Your first reaction shouldn't be to plead a case out.  Instead, start preparing for a trial from day one.  Don't be afraid to go to trial if that's what your client wants to do.  Even if a case doesn't go to trial, preparing for one will put you in a stronger plea bargaining position.”

For more than ten years, Cicchini has represented clients in various types of cases, ranging from misdemeanors to serious felonies. He holds his own private practice in Kenosha, Wisconsin.

To learn more about Michael Cicchini and his practice click here.

On November 20, 2012, the US Attorney’s Office for the Northern District of Ohio announced that three men were sentenced for attempting to destroy a bridge in Cleveland with explosives.  U.S. Attorney Steven M. Dettelbach and Stephen D. Anthony, Special Agent in Charge of the Cleveland FBI, read the sentences.  

Douglas L. Wright of Indianapolis received 11½ years in prison and a lifetime of supervised release.  

Brandon L. Baxter of Lakewood, Ohio received nine years, nine months in prison and a lifetime of supervised release.  

Connor C. Stevens of Berea, Ohio received 8 years, one month in prison and a lifetime of supervised release.  

Court documents proclaimed that Wright, Baxter, Stevens and two other defendants, Anthony M. Hayne and Joshua S. Stafford, were “self-proclaimed anarchists” who developed a plot over several months to blow up the bridge near Cleveland.  

Their first plot included using smoke grenades to distract police while they made financial institution signs fall from tall buildings in downtown Cleveland.  As the plot evolved, the defendants decided to obtain C-4 explosives, build two improvised explosive devices (IEDs), and detonate the devices remotely.  

The defendants discussed several locations, but they ultimately decided on the Route 82 Brecksville-Northfield High Level Bridge.  The bridge connects Brecksville, Ohio and Sagamore Hills, Ohio over the Cuyahoga Valley National Park.  

The FBI reports that the public was never in danger during the investigation.  The defendants purchased the explosive materials from an undercover agent, and the material was made inoperable.

Hayne is scheduled for sentencing on today on Wednesday, November 21, and Stafford’s case is still pending.  

U.S Attorney Dettelbach stated: “These defendants were found to have engaged in terrorist activities and will spend nearly a decade in prison.  These sentences should send a message that when individuals decide to endanger the safety of our community, they will be held to account.”

Source: Federal Bureau of Investigation
 

On November 2, 2012, the Department of Justice announced that a bail bondsman in Portsmouth, Virginia received 30 months in prison after he bribed public officials to receive what the Justice Department called “favorable treatment.”

The bail bondsman’s name is Ulysses “Tugger” Stephenson.  He was sentenced by Rebecca Beach Smith, a U.S. District Judge in the Eastern District of Virginia.  He also received three years of supervised release on top of his prison sentence.  

Court documents indicate that Stephenson made money during his time as a bail bondsman after he charged the arrestees a partial amount of the bond ordered by the magistrate.  He was able to increase the amount of clients and increase his profit by bribing Deborah Clark, a Portsmouth magistrate, with cash and gifts.  

Clark referred arrestees to Stephenson and listened to his opinions about the amount of bond to set for certain cases.  From January of 2009 to February of 2012, Clark received $150 per month from Stephenson as well as money for trips, gas, and meals.  It is also believe Stephenson gave an employee of the Portsmouth Sheriff’s Office $150 per week for referrals.  

Deborah Clark pleaded guilty to accepting the bribes and received 12 months in prison.  Stephenson pleaded guilty on July 26, 2012 to one count of conspiracy and one count of federal programs bribery.  

Prosecutors were allowed prosecute Stephenson under the federal statute because he bribed two people that were agents of the state or an organization that received more than $10,000 in benefits from federal grants and other assistance.  

The FBI was in charge of the investigation.  Peter Mason and Monique Abrishami, trial attorneys under the Criminal Divisions Public Integrity Section, U.S. Attorney Alan M. Salsbury, and Special Assistant U.S. Attorney Amy E. Cross were in charge of the prosecution.

Source: Federal Bureau of Investigation