The Best Defense

A timeless saying goes “the best defense is a good offense.” You need look nowhere further than a supermarket tabloid to see the value of this advice: While the world marveled at the throngs of young women linking themselves to Tiger Woods, he did nothing. We all saw the result. Tiger suffered a downward spiral from untouchable superstar to unwanted womanizer. Nike is now going to market their newest golf clubs without him.

Now compare Tiger Woods to David Letterman. When Letterman was being extorted, in other words threatened with the release of his affair unless he paid up, he got ahead of the problem by announcing his infidelity before a live studio audience. The world laughed at his jokes for a few days and then the story died down. His accuser was arrested and most of us forgot all about it.

Letterman went on the offensive early and he was rewarded for it.

A good criminal defense attorney will use this tactic from time to time. The owner of a restaurant in the Fredericksburg area gave me a call when the police had issued him a summons for violating a noise ordinance. Basically he was being charged as a criminal for offering live music as entertainment in his restaurant.

He got me involved early. I spoke to everyone I needed to speak with, promptly, and developed an argument that the ordinance under which he was charged was unconstitutional as it applied to him. An in-depth discussion with a talented but understanding prosecutor gave me every criminal defense attorney’s dream: An agreed order dismissing the case against my client. I had the Judge sign the order that day and my client did not even have to attend court. He was back at his restaurant making money instead of spending a day in court fighting the case against him.

No two cases are alike. If it were possible to get these outcomes all the time I would be more famous than Johnnie Cochran, and I would likely already be retired. That being said, in this case the timeless saying held true. Sometimes a case requires more of a “waiting game” plan of defense.

If you are charged with a crime in Virginia, you are facing one of the most difficult tests of your life. You should hire a criminal defense lawyer with the experience, intelligence and creativity to prepare the best defense. Call our Fredericksburg office and ask for Andy if you would like to talk to me about what your best defense could be.