A Defense Attorney's Perspective 
on the Netflix series "Making a Murderer"
Defense attorney
Written by Justin Daniel

After watching the murder trial of Steven Avery play out in the news several years ago, and then again as it was depicted in the Netflix series "Making a Murderer", I believe his case perfectly encapsulates the fears and frustrations of many, including myself, with the justice system. The power of the judicial system and the law seems  aimed at aiding prosecutions rather than finding the truth. More and more an accused has only one viable option to vindicate himself: a trial. However, the system is set up to pressure an accused to agree to a quick plea deal in order to "minimize the damage" rather than undergo the potentially monumental risk of trial. As seen in the Steven Avery case, the power and resources of the entire government, and sometimes the community, are against a criminal defendant. It is only the defense attorney who stands up and fights for a client's innocence!
Lessons Learned from Litigation
Speeding car
Dickson Young recently concluded a reckless driving case where it was alleged that his client was proceeding 104mph in a 70mph zone. As a result of Dickson's representation, the client avoided the imposition of any jail sentence, suspended or otherwise, and was not processed for NCIC purposes.
Dickson's expert eye was able to see and develop mitigation evidence that kept his client from a jail sentence.
Don_t speak when arrested
Hunter Whitestone defended a client charged with bribery: a felony offense. The client asked a police officer who was arresting him for DWI "how much would it take to let me go?" Hunter convinced a jury to acquit his client, but it is important to remember it is never a good idea to say anything to the police when being arrested...even jokes!
Justin Daniel and Jon Woodward successfully defended a client charged with three counts of Aggravated Sexual Battery, and two counts of Forcible Sodomy. Our client was facing at least two mandatory life sentences. Justin and Jon were able to convince the prosecutor to reduce the charges to three misdemeanors with only 12 months in jail. It helped that the client was able to resist the suggestive techniques used by the police during questioning. We advise our clients never to speak to the police, or any law enforcement official, without an attorney present  and without a clear understanding of what potential criminal liability he might be facing.
Breathalyzer
Recently Dickson Young tried a high speed DUI 0.17 and Reckless Driving case in which the prosecution was seeking 20 days in jail and the loss of driving privileges. The court, based on his argument, disregarded the chemical analysis of 0.17 (mandatory minimum 5 days), suspended the entirety of the jail sentence and authorized restricted driving privileges without further suspension. Even though the BAC of 0.17 required mandatory jail time,  experienced defense counsel was able to convince the court to give it no weight and kept the client from jail.
Get plenty of underinsured insurance
Brian Drummond obtained a $250,000 settlement in a car accident case where our client broke a bone in her neck. The defendant only had $25,000 in insurance to cover the damage he caused, but fortunately Brian was able to tap our client's "underinsured" insurance policy in order to get the settlement she deserved. We advise our clients to make sure they have sufficient underinsured insurance because many drivers causing accidents in this area have little or no insurance.
WHITESTONE | YOUNG
10513 Judicial Drive | Suite 300 |  Fairfax, Virginia 22030
P: 703-591-0200 | F: 703-591-7238

Credentials