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I was thrilled to be invited back to Montana by the Montana Association of Criminal Defense Lawyers and the Office of the State Public Defender to talk about ethics this September. One of the issues we discussed is the fact that lawyers continue to run into trouble when they conflate the rule governing confidential information with the concept of privileged communications.
I was honored to be invited back for the 9th year to speak at ICLE’s annual Defense of Drinking Drivers program on December 2, 2016. We had a lively and engaging group and got to laugh a good bit! Below are an excerpt of the some of the slides from the talk. New York has also championed this issue with very detailed decisions discussing the ethical implications of how and w ...
Are you making one of these crucial mistakes? Playing fast and loose with ethics requires a high tolerance for risk. Carelessly violating some of these rules could lead to career-ending consequences. Want to learn how to engage in an effective, but legal marketing strategy? Join me, Saturday, September 16 at Ponce City Market for a lively and engaging half-day workshop wher ...
Lawyers are asked about expungements all the time. This is likely because there is a common misunderstanding about how criminal records work. Many people believe that there is an easy way to erase a criminal history. In almost all cases, this is false and has been false for quite some time. In nearly all Georgia cases, there is no way to erase a criminal record entirely.
I was happy to speak with Georgia attorneys about the ethics of ...
I was thrilled to present at the 6th annual Public Defender DUI Trial Strategies conference on October 14, 2016. This year, for the first time, we started talking about the fundamentals of technology – in particular, we addressed some of the more basic technologies that attorneys should be aware of if they are not already using them. Technology is scary.
When you are charged or arrested for hit and run (also known as leaving the scene of an accident) the consequences can be significant. One of the most terrifying aspects of this charge is not knowing how significant those consequences will be. There are a wide range of penalties including the possibility of jail or probation.
We had a fantastic time on Jekyll Island with the folks from the Henry County Bar Association on August 27, 2016. Many thanks to the great hospitality and engaging conversations. henry-county-bar-association-fall-cle-2016 Written by: Attorney Erin H. Gerstenzang Attorney Gersten ...
One of the most frustrating experiences for some unlucky drivers is finding out that your license has been suspended because of a missed court date – also referred to as an “FTA” suspension. FTA stands for “failure to appear.” These suspensions are imposed on a daily basis across the country. The purpose behind FTA suspensions has always been to deal solve the problem of dri ...
The post The Ethical Pitfalls of an Onl ...
It was humbling to be in the company of such impressive colleagues at this year’s GACDL Spring conference on Jekyll Island. I was delighted by such a warm welcome and spirited discussions. One of the issues that garnered the most attention is how we, as attorneys should navigate some of the trickier situations that implicate our duty of candor toward the tribunal – Rule 3.3. Rule 3.
1. Under 21 Drivers Are More Likely to Have Their License Suspended After Going to Traffic Court One of the common mistakes young drivers make is going to court on a traffic ticket without fully researching what the consequences would be for an under-21 driver. In many cases, a minor speeding ticket or traffic violation can trigger an unexpected license suspension.
If you missed your court date for either a criminal or traffic citation, you are in failure to appear status and you want to make sure that you clear up any bench warrant or FTA license suspension. Typically, this will require that you schedule an appearance in front of a judge at a Failure to Appear (FTA) hearing.
It was honored and humbled to be included by the Federal Defenders of Montana & the Montana Association of Criminal Defense Lawyers at their annual seminar at Chico Hot Springs outside of Bozeman Montana. This impressive group of lawyers was exceptionally warm and welcoming. Below are some excerpted slides from March 11, 2016.
Field sobriety testing is one of the primary tools that law enforcement uses to make a DUI arrest decision. The results are also some of the most compelling evidence presented at trial. However, the public generally knows very little about what field sobriety tests are and has even less of an understanding as to whether they can be relied upon to accurately detect alcohol or drug impairment.
For many people charged with DUI, one of the most puzzling questions is how the government can go forward on a DUI case with “no evidence.” Underlying this question is the assumption that a blood or breath test is required to prosecute a DUI charge. A DUI charge often involves a lot of different types of evidence.
One of the first things drivers worry about when they receive a traffic ticket is what the financial cost of this ticket will be. Depending on your prior experience with traffic courts, you may be surprised by how quickly the fines and surcharges can add up. Although the surcharges are mandated by state law, the base fine can vary dramatically from court to court.
I was thrilled to present at this year’s 2015 NACDL & NCDD’s 19th Annual DWI Means Defend With Ingenuity® seminar “Secrets Revealed: Overcoming the Illusion of Guilt.” (Las Vegas, Nevada). Every practitioner struggles to develop a workable strategy that optimizes the amount of time we spend preparing a case.
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