Secrets of Criminal Defense

By Burton Milward Jr.

Are you accused of a crime? Are you incarcerated? Are you close to someone who is? Are you a law student? (You won't find this information in law school!) Are you a practicing attorney who wants to be certain to excel in the arena of criminal defense? The secrets in this book serve as a guiding light to achieving Total Victory in the courtroom.

An excellent criminal defense attorney's goal is Total Victory — which means dismissal of all charges prior to trial, acquittal at trial, or reversal on appeal with directions to dismiss.

A plea bargain is not Total Victory, nor can any form of “win-win” negotiating be Total Victory. Why should the prosecutor get anything?

Every criminal case presents potential opportunities for Total Victory. An excellent criminal defense attorney knows how to transform these opportunities into actual dismissal or acquittal.

When a lawyer is 100% for the client and stands up for the client to the nth degree, each secret of criminal defense is crucial. Just as a chain is no stronger than its weakest link, an excellent criminal defense attorney knows how to maximize representation in every case, never allowing a weak link. Those criminal defense attorneys who deserve the word “excellent” work to Win! They do everything they can think of within the law and the rules to win, and they win because they are knowledgeable and experienced with the tools and techniques and state of mind set forth in this book.

Written in a clean, clear style, it’s also a most enjoyable read!

• Language: English
• Publisher: AuthorHouse
• Release date: Apr 26, 2013
• ISBN: 9781467849074

Burton Milward Jr.

What does a real-life lawyer do after he retires? Burton Milward, Jr. chose to share amazing experiences he was privy to while working with one of the most famous criminal defense trial attorneys in Kentucky history. Milward, with a skillful use of words and insights into human nature, brings to light the depth and breadth of Frank E. Haddad, Jr.'s compassion as a champion of the underdog. Unveiling hundreds of the actions and beliefs that made Haddad such an indomitable force both within the courtroom and in everyday life, Milward's writing talents hold the reader's attention throughout.

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© 2013 Burton Milward, Jr. All rights reserved.

No part of this book may be reproduced, stored in a retrieval system, or transmitted by any means without the written permission of the author.

First published by AuthorHouse 4/25/2013

ISBN: 978-1-4678-4906-7 (sc)

ISBN: 978-1-4678-4907-4 (e)

Any people depicted in stock imagery provided by Thinkstock are models,

and such images are being used for illustrative purposes only.

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Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.

Contents

Introduction

The Total Victory Approach

Constitutional Rights

Total Victory Pretrial Motions

Additional Pretrial Motions

Trial Preparation

Total Victory Trial Tools

Additional Trial Tools

Sentencing and Appeal

Relationships

Office Practice and Associates

Representation and Fees

The Criminal Defense Attorney Tradition

Ethics

Introduction

The excellent criminal defense attorney wins most of his cases.

He knows, somewhere in the lengthy process of criminal defense, the defense will get a break. He seizes that opportunity to achieve total victory.

The Total Victory Approach

The excellent criminal defense attorney lives and breathes total victory. He knows the terrain. He seizes every opportunity arising throughout the pretrial, trial, and posttrial process to achieve total victory.

He says, I love the competition. I like to try cases against experienced prosecutors because I know their tricks, I know their angles, and I can get the better of them.

The accused has a moral and legal right to have us on his side, to show his side, his defense, whatever it may be, so the jury has that before them as it considers its verdict. That’s our job. Our life. Everything’s against him except the presumption of innocence and the best defense. Only then does he get a square deal. You see that?

— Earl Rogers, Los Angeles,

one of the greatest criminal defense attorneys of all time

Secret 1 of Criminal Defense

The excellent criminal defense attorney’s goal is total victory.

Secret 2 of Criminal Defense

Total victory is dismissal of the charge prior to trial, acquittal at trial, or reversal on appeal with directions to dismiss.

Secret 3 of Criminal Defense

A plea bargain is not total victory. A plea bargain appears to be a win-win situation, because the prosecution offers probation or a reduced sentence in exchange for a plea of guilty. But the fact is the defendant loses when he enters a plea of guilty.

Secret 4 of Criminal Defense

Total victory is not a win-win situation. Why should the prosecutor get anything? Total victory happens when the defense wins everything by dismissing the charge, obtaining acquittal, or setting aside a conviction on appeal.

Secret 5 of Criminal Defense

The excellent criminal defense attorney achieves the goal of total victory at any stage of a criminal prosecution. These stages include the investigation, pretrial motions, pretrial hearings, the trial, posttrial motions, the appeal, collateral attacks after conviction, or even the United States Supreme Court.

Secret 6 of Criminal Defense

In the investigation stage of a crime, the excellent criminal defense attorney advises his client to make no incriminating statements. The attorney may communicate an unbeatable defense to the prosecutor to convince the prosecutor not to file charges.

Secret 7 of Criminal Defense

The excellent criminal defense attorney achieves total victory by filing substantial pretrial motions to dismiss. These motions to dismiss include motions based on double jeopardy, equal protection, confrontation, speedy trial, failure to allege an essential element of the crime charged, and other recognized grounds. Any one of these is sufficient for the judge to enter an order dismissing the charge.

Plus, the excellent criminal defense attorney can always create other novel grounds

Reviews for Secrets of Criminal Defense

[allkays0064 · Rating: 5 out of 5 stars]

This is what you need to give your attorney before you hire him. Make sure he can follow these instructions if not then find an attorney that will.