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Expanding the "Zone of Possible Agreement"
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) A prosecutor at the outset of a case has a preconceived notion of what it's worth -- that is, the potential offers or range of offers. They filed the case, so they've already made an internal assessment of its value. What does it take to pull them out of that range or expand the DA's "zone of possible agreement"? This is where discovery comes into play. Discovery is the evidence the defense receives from the pro

Clayton T. Robertson
Jan 131 min read


Day-Before Criminal Justice System
By Clayton T. Robertson (Criminal Defense / Civil Rights Attorney) If you have a beef with the criminal justice system as someone who is charged or who is a family member, you're not alone. It's inefficient, overloaded, and bureaucratic. And those are the good parts. The ironic reality is if you are looking for justice, it's going to take a lot more than to simply declare your innocence. I'll focus this blog on one issue in particular, which I believe diplomatically cuts

Clayton T. Robertson
Oct 31, 20253 min read


Passionate Defense
By Clayton T. Robertson (Criminal Defense / Civil Rights Attorney) You're going to know how much passion your attorney has for his or her work based on some of the following: - Are they contacting you consistently between court appearances? - Or are they contacting you the day or night before court appearances in a rush? - Have they set up a secure text exchange with you for regular updates? - Are you in direct contact with the attorney or just their legal assistant? - Are t

Clayton T. Robertson
Oct 31, 20251 min read


Preparation is KING: Why Defense Starts on Day One
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) When someone is accused of a crime, the courtroom battle may seem like...

Clayton T. Robertson
Aug 19, 20252 min read


Human Asset vs Physical or Digital Asset Cases
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) No case is cookie-cutter, and no two cases are alike, including your...

Clayton T. Robertson
Aug 10, 20252 min read


Converting Information Into Evidence
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) An essential link between a pretrial investigation and discovery and...

Clayton T. Robertson
Jul 30, 20252 min read


Tony Serra As Radical Lawyer
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) It must appear odd for a criminal defense lawyer to write about...

Clayton T. Robertson
Jul 23, 20253 min read


Substance vs. Marketing
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) Too often I receive calls from potential clients who have spoken with...

Clayton T. Robertson
Jun 21, 20252 min read


The Expert Whisperer
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) So often our cases depend not just on eviscerating the state's case...

Clayton T. Robertson
May 21, 20252 min read


Trial Starts On Day One
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) I recently have added additional blogs to emphasize the importance of...

Clayton T. Robertson
May 21, 20252 min read


Everything is Relevant
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) I'd say the major complaint I hear about public defenders (and I used...

Clayton T. Robertson
May 19, 20253 min read


Modes of Investigation
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) You may ask why an attorney is writing a blog on "modes of...

Clayton T. Robertson
May 16, 20254 min read


Client Satisfactions with Case Outcomes
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) We're all aware of what makes satisfied clients. Outcomes matter....

Clayton T. Robertson
Apr 11, 20252 min read


When Criminal Allegations Put Your Professional License or Career on the Line
By Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) We get a lot of cases in which a doctor, nurse, teacher, or some other...

Clayton T. Robertson
Apr 4, 20252 min read


No Such Thing As a "Lost Cause"
by Clayton T. Robertson (Criminal Defense/Civil Rights Attorney) Clarence Darrow, in his obituaries, was described as a "fighter for...

Clayton T. Robertson
Nov 14, 20242 min read


Assume Every Case Goes To Trial
By Clayton T. Robertson (Criminal Defense / Civil Rights Attorney) Some attorneys hate discovery. Even though I don't understand why for...

Clayton T. Robertson
Jul 24, 20242 min read


Know Your Rights: Stops, Detentions, Searches, and Seizures
Clayton T. Robertson (Criminal Defense / Civil Rights Attorney) This "Know Your Rights" guide, written and published by the ACLU...

Clayton T. Robertson
Jul 3, 20245 min read


Linking Facts and Themes in Trial Preparation
By Clayton T. Robertson (Criminal Defense & Civil Rights Attorney) I have discussed this topic with other criminal defense counsel. I...

Clayton T. Robertson
Mar 10, 20243 min read


A Killer Investigation
By Clayton T. Robertson (Criminal Defense & Civil Rights Attorney) From a prior post, you can look at a case through the lenses of...

Clayton T. Robertson
Mar 8, 20242 min read


Criminal Defense Aphorisms
By Clayton T. Robertson (Criminal Defense / Civil Rights Attorney) I attended a criminal defense conference in San Diego over the...

Clayton T. Robertson
Feb 20, 20241 min read
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