Beat The Prosecution- Fairfax, Virginia, Criminal Defense / DUI Lawyer

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Jurors and others do not get persuaded by brute force, badgering nor begging. Often a criminal defense or other trial lawyer obtains traction by putting themselves in the shoes of the thirteenth juror. When my teacher Gerry Spence was on his road to obtaining an acquittal for Geoffrey Fieger, he reportedly one day walked along the jury rail sweeping his palm alongside its top, as if erasing the barrier between him and the jurors.  
Fairfax criminal lawyer Jon Katz's guest on this Beat the Prosecution podcast episode is Wheaton, Illinois, DUI defense lawyer Donald Ramsell. Don does not have the winning charisma of Gerry Spence, but charisma is not mandatory to persuade jurors, as demonstrated time and again by my teacher Steve Rench, who incorporated methodology into winning. Steve was the yin to Gerry's yang, with both at the Trial Lawyers College for at least its first three years. Don synthesizes that methodology with a singleminded drive for knowing and incorporating the essential science, evidence, law, and the persuasive tasks at hand. 
Don fashions himself as the entertaining tourguide, showing the jurors the path to help them fulfill their oaths, and hopefully delivering an acquittal. Don paints the counterpoint of the uninteresting prosecutor attempting to dissuade the jury from the reasonable doubt that bombards the courtroom walls. 
Listen as Don talks about a police employee who retired to his home's basement -- rather than a sterile lab -- disastrously to manufacture the simulator solution control mechanism for breathalyzer machines, and how he successfully stymied the blood THC testing regime in Illinois. 
Don aptly talks about letting judges know that when they do not rule sensibly on the law, Don appeals often enough that they may get reversed. Plenty of Don's appeals are pro bono, to advance legal arguments that will assist his other clients. 
To boot, Don -- like so many of his National College for DUI Defense colleagues -- generously shares his know-how and wisdom with DUI defense colleagues. Through that generosity, I met Don when I attended an NCDD-sponsored training for lawyers on administering field sobriety testing to subjects who have consumed alcohol, with the teaching led by Anthony Pallacios, one of the nation's leading instructors of FSTs to police officers. 
Don obtains acquittals in his conservative jurisdiction in part by appealing to jurors' belief in our nation's criminal justice system, which of course includes the presumption of innocence and the burden of the prosecution to prove a criminal defendant's guilt beyond a reasonable doubt. Don talks persuasively as just folks, and as the real McCoy. 
This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). 

If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

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Winning through engagement as one's true self- Dallas attorney Patrick McLain  joins fellow Trial Lawyers College alum and Fairfax criminal lawyer Jon Katz in discussing revealing our true selves -- warts and all -- to jurors and judges, so that they will also be true to themselves and each other and to their oaths.

Jon Katz met Patrick -- a Trial Lawyers College faculty member -- through the monthly trial preparation gatherings hosted by fellow Trial Lawyers College alum and faculty member Christopher Flohr .  Patrick is a Marine veteran who was a military lawyer and judge, now for many years in private practice for military defense and criminal defense. 

Patrick discusses applying storytelling and psychodrama approaches to obtaining justice for criminal defendants, and the power of lawyers joining together in pursuing that path. 

In this talk, Patrick includes discussing the bonds among military members from the rough times they experience, and the bonds among Trial Lawyers College attendees, with our own challenges that we handle in pursuing justice for our clients. This journey can lay bare our raw feelings and emotions, which is often the only way for us to best help our clients. 
This Beat the Prosecution podcast episode is also available on YouTube, and Apple Podcasts. 
This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). 

If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

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The Trial Lawyers College -- which your host Jonathan Katz attended in 1995, followed to this day during the year with periodic trial preparation gatherings of TLC alums and others (shout out to our repeat co-host, criminal defense lawyer supreme, and my decades-long friend Christopher Flohr for hosting such monthly gatherings for years at his Maryland law office) -- makes clear that the TLC does not "offer training for those lawyers who represent government, corporations or large business interests." A sizeable chunk of Trial Lawyers College attendees are criminal defense and plaintiffs personal injury attorneys. When Jon learned that National College of DUI Defense leader Andrew Mishlove embraces Trial Lawyers College approaches, Jon Katz invited him to speak on this Beat the Prosecution podcast, to include addressing integrating TLC approaches with winning DUI defense. 
Andrew exemplifies the truism that there are always more essential lessons to learn. When he was already in his fifties and very accomplished as a DUI defense lawyer, Andrew learned about the Trial Lawyers College and immediately embraced its approach of persuading through storytelling and applying psychodram and scene setting approaches. 
Andrew is right on point in talking about the story catalyst that Alfred Hitchcock named the MacGuffin, and the hero's journey of the story. He wonderfully weaves My Cousin Vinny and Star Wars in articulating that approach. 
Andrew also discusses using the Moth storytelling approach (see his article on the Moth here) -- which is covered at the TLC's Graduate II program -- giving credit to Nebraska lawyer Maren Chaloupka, who addresses storytelling as involving the story worth telling, running from extraordinary to every day events that can be transformative. 
Andrew also here discusses his week-long annual program with the NCDD entitled
Serious Science: Advanced Course in Blood Drug Analysis & Trial Advocacy, where in addition to focusing on persuading for justice for the defense in court, the participants have an opportunity to experience blood analysis from the viewpoint and approach of blood examining and analyzing scientists, whether their testimony is for the defense or prosecution. 
This episode is also available on YouTube and Apple Podcasts. 
This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). 

If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

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Criminal defense lawyers can learn plenty from non-lawyers who courageously and optimistically blaze their own trails, stick to their guns in very challenging times, are resilient, and keep on blazing trails. For Fairfax, Virginia, criminal defense lawyer Jonathan Katz, Miyoko Schinner fits that bill.
Miyoko Schinner became a vegan, missed the dairy that she loved with pasta and other dishes, and became a pioneer with Miyoko's Creamery, which quickly went nationwide on major grocery shelves with vegan mozzarellla and other cheese, and butter. Along the way, and with Miyoko's rebellious streak, her company won a 2021 First Amendment-protecting partial federal injunction barring the California government from restricting "Miyoko’s use of 'butter,' 'lactose free,' 'cruelty free,' and 'revolutionizing dairy with plants' on the company’s 'vegan butter'." 
Around ten years ago, Miyoko founded the animal sanctuary Rancho Compasión (here is the donation link), which thrives to this day with dozens of rescued animals, several staffmembers, and many students visiting throughout the year. She supports a support forum for women in business. 
As Miyoko says, she does not promote veganism by such abrasive approaches as throwing blood, but instead invites people to break bread over delicious vegan food, creates vegan cookbooks, brings people on worldwide vegan tours, and co-taught a Berkely college class on plant-centric food systems. 
When Jon Katz met Miyoko for the second time, at the 2022 Animal and Vegan Advocacy Summit, he did not know that she had been removed (or else was about to be removed) from the very Miyoko's Creamery that she had founded. Unlike Steve Jobs's revolving door with the Apple company he co-founded, Miyoko did not return to Miyoko's Creamery, and pivoted forwards.  
Criminal defense involves plenty of thrills of victory, agonies of defeat, the lack of any supporters in the courtroom other than those on the defense team, and constant retooling, regrouping and refining on the road to victory. In this Beat the Prosecution episode, Miyoko talks frankly of how she emerged from being ousted from the company she founded (while her marriage was ending, at that), partly through the support and love of people who cared about her, and also from her companion animals. 
This episode also is on YouTube at https://www.youtube.com/watch?v=ijpVhPKWswI
This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). 

If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

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What do non-ego, blue jeans, and tireless work have to do with beating the prosecution? Join us as Fairfax, Northern Virginia, criminal and DUI lawyer Jonathan Katz talks in depth with Corpus Christi, Texas, trial lawyer Robert C. Hilliard, who was Jon's roommate at the Trial Lawyers College. https://hilliard-law.com
Bob got a man released from prison after over two years in jail for a vehicular homicide conviction, where Bob proved that the collision was actually caused by a defective vehicle acceleration. 
Bob argued right up to the United States Supreme Court for the right to sue a United States Border Patrol agent for his cross-border fatal shooting of a teenager. Hernandez v. Mesa, 589 U.S. 93 (2000) (a 5-4 decision declining to permit such a cause of action for a cross-border shooting). Bob Hilliard pursues victory for his clients without ego, without airs, and with hard and smart work.
In this episode, we talk about being authentic and powerfully vulnerable, and about the connections we make with our loved ones, with each other and with jurors. We include discussing our late friend Dax Cowart, and Bob talks about how meaningful it is to have Dax's walking stick in his office. Bob and I have not seen each other in person for years, and here pick up where we last left off, as if it was yesterday. 
This episode also is available on Apple podcasts. 
This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). 

If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675