Having just won a Not Guilty verdict in a federal conspiracy and Hobbs Act robbery trial in the Southern District of New York, I want to say a few words about federal criminal practice.
The federal sentencing guidelines are so stringent that the idea of actually going to trial terrifies many a good defense attorney. Yet when one creates a strong theory of defense and analyzes a case as a good one for trial, it's more than a shame that fear of losing prevails over confidence in one's ability to win. It's actually damaging to our democracy. If the government is never put to its proof, innocent persons caught in the crossfire of a conspiracy may pay the price. Common sense goes out the window as the government casts a wider and wider net, blithely catching porpoises along with the tuna and sending them all through the grinder.
In our adversary system, the only way to control the government's net is to challenge the catch. Force the government to prove that this accused is in fact a tuna and not a porpoise. I have found that while Assistant United States Attorneys are terrific in their ability to write compelling legal memoranda, they are less than stellar in trial skills. I may not win the battle of the legal memos - the law is generally bad for defendants and the amount of paper I can churn out is well below the government's output. But no one can out-perform me in a courtroom. If the evidence is deficient, I will expose and destroy the prosecutor's house of cards.
Confidence in one's ability to try a case comes from knowing how to develop a case theory and how to advocate in the courtroom, before a jury. Let the trial masters at TSI help you hone your skills, and let's put the government to its proof.