A show for criminal defense lawyers and law firm owners. We discuss the strategy and tactics of handling DWI / DUI cases and the marketing practices that can revolutionize your law practice. If you are ready to take your DWI practice to the next level in both the courtroom and the marketplace, this show is for you.
This week the North Carolina Court of Appeals held in State v. Jacobs that the odor of unburned marijuana coming from Defendant’s vehicle was grounds for reasonable suspicion to stop the vehicle. In this episode, Jake looks at the lack of meaningful distinction between marijuana and hemp and how to attack a stop based on the odor of marijuana post-Jacobs. Highlights: · Understand (admittedly at very surface level) the scientific distinction between marijuana and hemp. · Uncover the North Carolina State Bureau of Investigation’s memorandum indicating why officer’s cannot use the odor of marijuana to establish probable cause in a world where hemp is legalized. · Learn why State v. Stover, 200 N.C. 506 (2009), which was relied upon by the Jacobs Court, in the aftermath of the 2018 Farm Bill (legalizing hemp). · Discover why Jacobs decision has far-reaching implications for criminal defense and DWI lawyers.
178. 5 Ways to Create a Culture of Go-Getters
One of the biggest frustrations for business owners is figuring out how to off-load their tasks onto employees. If you want to create a culture where team members aggressively seek out solutions to problems and take the initiative on tasks that are not in their “job description” this episode is a must listen. Highlights: · Understand how your mission and core values create a decision-making matrix for your team. · Learn the power of shifting the cognitive load whenever a team member comes to your office seeking a solution to a work-related problem. · Discover how to avoid being a micromanager (the equivalent of a helicopter parent in the workplace). · Find out how to encourage and plan for feedback interruptions. · Uncover the importance of positive praise in creating a leadership culture.
177. Post Hoc DRE Testimony
As noted on Episode 144, there has been a steady decline in certified DRE officers over the past decade. As a result, in some jurisdictions there has been an increased use of DRE officers to provide testimony in drug impaired DWI cases where no DRE was utilized at the time of the initial DWI investigation. In this episode, Jake reviews two recent unpublished cases from the Court of Appeals on DRE Testimony, State v. Lewis and State v. Williams. Highlights: · Discover how State v. Lewis and State v. Williams, when read together, make it difficult for any officer to provide opinion testimony in a drug impaired driving case at trial. · Understand the collective importance of defense attorneys statewide to object to post hoc DRE testimony. · Learn attack points to post hoc DRE testimony if it is allowed to come into evidence over defense counsel’s objection.
176. The DWI Initial Appearance from the Magistrate’s Perspective with Adam Everett
Adam Everett owner of Everett Law Office, PLLC is a criminal defense lawyer and former prosecutor. However, for today’s purposes Adam’s most relevant experience is the time he spent in the Wake County Detention Center as a North Carolina magistrate judge. Adam conducted countless DWI initial appearances as a magistrate judge and on today’s episode he discusses the initial appearance through that lens. Highlights: · Uncover the training program for new magistrates in North Carolina. · Discover practical tips for reviewing paperwork given to your client during the first appearance. · Learn what a DWI initial appearance looked like from Adam’s firsthand perspective. · Find out how Adam’s time as a magistrate impacted his view of a case as both a prosecutor and defense lawyer.
175. Rome Wasn't Built in a Day but They Were Laying Bricks Every Hour
While we are all familiar with the saying that “Rome wasn’t built in a day,” James Clear, author of Atomic Habits, is attributed with adding “but they were laying bricks every hour” to this adage. On today’s episode Jake discusses two opposite but equally devastating attitudes that can wreak havoc on the growth of your firm: an expectation of overnight success on the one hand, and complacency on the other. Jake offers words of encouragement to keep you focused on patiently taking small steps toward the grand vision of the future of your firm.
174. GAF Kid in the Car
A person charged with their first DWI offense goes from 0 to 60 when it comes to sentencing if they have a passenger under the age of 18 in the vehicle. Being able to discuss the sentencing and driver’s license consequences of having a minor in the vehicle during the initial consultation is critical to adequately preparing your client for court and helping your client navigate the collateral damage in his or her family life. Highlights: · Discover conversation tips for discussing a kid in the car during an initial consult with a potential DWI client. · Understand the impact of a related misdemeanor child abuse charge and the potential for DSS to open an investigation as a result. · Listen as Jake discusses sentencing strategies for a Level 1 DWI sentence based on a minor in the vehicle. · Uncover potential hurdles the State may face in proving a passenger’s age beyond a reasonable doubt.
173. The Best Investment for Your Law Firm
What’s the best investment in your firm? If you are thinking it’s technology, office space, legal research manuals, or online advertising you are incorrect. The best investment you can make to grow and flourish is in your people, beginning with the man or woman staring back at you in the mirror. On today’s episode, Jake gives questions for reflecting on how to invest in yourself and your team.
172. From 0 to 10,000+ Clients with Timothy Pavone
You have probably heard of the 10,000 hour rule which was highlighted in Malcom Gladwell’s bestseller Outliers. Gladwell’s theory is that it takes 10,000 hours of practice to achieve mastery in any complex skill. Being an articulate and prepared lawyer and small business entrepreneur are extremely complex skills, and in order to become a master you have to put in the hours. On today’s episode, Timothy Pavone highlights how he has systematically built his practice from his first client to where he is today. Tim’s story is a shining example of the fact that in building a business there is no such thing as an overnight success, but rather that great businesses are built on attention to details over the long haul. Highlights: · Listen to Tim talk about creating an office culture where every phone call is answered. · Discover why Tim believes you should try to win every argument, even a motion to continue, in front of your judge. · Hear Tim explain why the Rules of Evidence are undervalued by lawyers in district court practice. · Discover the roadblocks and keys to success that Tim has experienced in building his firm.
171. The Importance of Trying Cases with Chris Fialko
On today’s episode, Jake sits down with criminal defense master Chris Fialko. Over more than three decades of practicing law, Chris has honed his skill of being a courtroom warrior. Originally having a heavy district court and DWI practice, Chris shifted his focus to “white collar” defense in the 2000s. Don’t miss out on Chris’ incredible insights for client communication, case preparation, and trial strategy and tactics! Highlights: · Listen to Chris describe the value of conducting “field trips” as a criminal defense lawyer. · Learn Chris’ methodical approach to networking to launch, grow, and niche his practice. · Discover Chris process for meeting with new clients and his first steps on every new case. · Find out why Chris believes that taking cases to trial is so important.
170. Lawyer Podcasting with Robert Ingalls
On today’s episode, Jake sits down with Robert Ingalls, the CEO and Founder of LawPods, a production and marketing company that helps lawyers build their brand through podcasting. Robert’s shares his remarkable and thought-provoking journey to creating his podcasting company. Dreams of being a criminal defense lawyer inhabited Robert’s mind from a young age, and he lived out that fantasy once he graduated law school. After experiencing burnout in criminal defense, Robert found his true passion: helping lawyers position themselves as thought leaders, create strategic relationships, and generate revenue through the medium of podcasting. Highlights: · Listen to Robert share his incredible story of what lead him into and out of the practice of criminal defense. · Learn about the financial, educational, and relationship benefits that come from podcasting. · Discover the most important question to ask if you are thinking about starting a podcast (which applies to every marketing endeavor in your business). · Find out why Robert is on a mission to help lawyers experiencing burn out in the practice of law.
169. eCourts with Lindsey Granados
Episode 169: eCourts with Lindsey Granados eCourts has hit North Carolina and in this episode special guest Lindsey Granados shares the current state of practicing in a county where eFiling has been implemented. This filing system will have a massive impact on your practice regardless of where you reside. Don’t miss out on Lindsey’s incredible practical tips for preparing for eCourts to come to your jurisdiction. Highlights: · Discover the frustrations with Odyssey and eFiling through the eyes of a Pilot County practitioner. · Uncover how you and your team can prepare for eCourts. · Learn leadership best practices for helping the critical players in your county prepare for eCourts implementation. · Listen to Lindsey discuss the importance of maintaining a positive mindset in a world of change and how she has implemented this personally.
Groundbreaking technology is coming down the pike in the world of impaired driving. In 2021, Congress passed the Infrastructure Investment and Jobs Act, which included a section on Advanced Impaired Driving Technology. The Act states that “to ensure the prevention of alcohol-impaired driving fatalities, advanced drunk and impaired driving prevention technology must be standard equipment in all new passenger motor vehicles.” If you regularly handle DWI cases, then this technology is going to significantly impact your law firm. Highlights: · Discover when this technology will be required on all new consumer vehicles. · Uncover the reasons that Congress has mandated this technology to be developed and implemented. · Learn about the two types of systems that are in research and development: the breath based system and the touch based system. · Find out where to get information on this technology so that you can start planning for the impact it will have on your firm.