On this episode of Fighting the State, Criminal Defense Attorneys Marc J. Victor and Andy Marcantel discuss what happens in the "Negotiations" phase of a criminal defense case.

00:00 - Intro

01:40 - Most Cases Settle

07:39 - Prosecutors Hold the Cards for Negotiation

12:28 - Defendant's Are Not Entitled to a Plea Offer

16:23 - What is Involved in Negotiations?

16:44 - Legal Arguments

22:04 - Mitigation Arguments

27:27 - Deviation Request

31:06 - Final Thoughts Regarding Negotiations

32:40 - How Can You Represent Someone You Know is Guilty?

38:27 - Conclusion

Attorneys On Retainer is headed to Knoxville, Tennessee to attend the Gun Owners Advocacy and Leadership Summit (G.O.A.L.S) from August 17-18, 2024! The Attorneys On Retainer booth is located at booth 705 and the Attorneys On Retainer podcast booth will be located on media row at booth 123.

00:00 - Intro

00:14 - What is G.O.A.L.S.?

00:22 - When is G.O.A.L.S.?

00:28 - What Can You Do at G.O.A.L.S.?

00:50 - Where Are We Located?

01:14 - Attorneys On Retainer Booth

01:25 - G.O.A.L.S. Exclusive Offers

01:44 - Attorneys On Retainer on Media Row

01:56 - Contact Attorneys On Retainer

02:04 - Conclusion

Criminal Defense Attorneys Andy Marcantel and Emma Wittmann provide a legal analysis to determine if the viral video showing an Indianapolis road rage incident, that took a deadly turn, was a good shoot or bad shoot.

00:00 - Intro

00:51 - Watching the Video

01:00 - Analyzing the Video

03:50 - What is Needed to Argue Self-Defense?

05:52 - Understand Your State's Laws

07:27 - Why Reasonableness is Important Regarding Self-Defense

08:39 - Avoid These Types of Situations When Possible

10:58 - When Can You Lose Your Claim For Self-Defense?

12:30 - Can the Previous Actions That Lead to This Incident Change the Analysis?

13:55 - Was it a Good Shoot or Bad Shoot?

14:44 - This Case Might Be Presented to a Grand Jury

15:39 - Truck Driver Was Cooperative with Police After the Incident

17:04 - Conclusion

Criminal Defense Attorneys Marc J. Victor and Andy Marcantel sit down with Civil Attorney Pierre Whyte to provide a legal analysis of the fatal shooting of Sonya Massey from a criminal defense perspective, as well as from a civil perspective.

00:00 - Intro

01:35 - Explaining the Incident

07:54 - Irrelevant Information Excluded From the Self-Defense Analysis

17:00 - Initial Thoughts of the Incident

19:45 - Applying Elements of Self-Defense to the Video

26:40 - How AOR Would Defend Deputy Sean Grayson

36:50 - Breaking Down the Civil Side of the Incident

38:28 - What Are Punitive Damages?

39:22 - What Are Compensatory Damages?

39:35 - What Are Non-Compensatory Damages?

39:50 - Calculating Compensation Value for Damages

40:44 - Analyzing the Incident From a Civil Perspective

45:15 - How Immunity Affects the Incident

48:20 - Thoughts on Police Officer's in Today's Society

51:19 - Final Thoughts Regarding the Incident

54:00 - Conclusion

Criminal Defense Attorney Marc J. Victor explains the different types of assault charges a person can be charged with as well as how an assault charge can escalate from a misdemeanor charge to a felony charge.

00:00 - Intro

00:45 - Misdemeanor Assaults

02:53 - Felony Assaults

06:13 - Conclusion

Criminal Defense Attorneys Andy Marcantel and Brittany Huttner break down Judge Sommer's decision to dismiss Alec Baldwin's case with prejudice and discuss if they believe that Judge Sommer made the correct decision.

00:00 - Intro

02:27 - Judge Sommer's Ruling Explained

05:28 - How the New Evidence Was Brought Forward

07:38 - How the New "Material" is Relevant to Baldwin's Case

17:49 - Initial Thoughts on the Ruling

21:16 - Explaining Exculpatory Evidence

23:00 - Explaining the Importance of a Preservation Letter

25:27 - Why Was the New "Material" Filed Under a Different Case Number?

29:29 - Final Overall Thoughts on the Verdict

34:12 - Conclusion

The July 2024 2A Roundup features Criminal Defense Attorneys Brittany Huttner, Rachel Moss & Emma Wittmann, discussing various topics that affect, or could affect, the 2A community now and/or in the future.

00:00 - Intro

00:48 - SCOTUS Strikes Down a Rule That Banned Bump Stocks

07:16 - Preliminary Injunction Placed on ATF Controversial Rule

14:14 - Governor Janet Mills Speaks on Her 72 Hour Waiting Period Bill

22:20 - California Gun and Ammo Tax Becomes Law

30:31 - Conclusion

Criminal Defense Attorneys Marc Victor and Andrew Marcantel discuss what you should and shouldn't say to the 911 operator after a self-defense shoot.

00:00 - Intro

01:30 - Every Circumstance is Different

02:59 - People Handle Situations Differently

08:42 - Just Shut Up

19:38 - When To Call 911

21:42 - Other Things You Might Not Tell 911

24:47 - What To Do If Protecting a 3rd Party

26:01 - Recap

29:27 - Critiquing a 911 Call Example

33:06 - Extra Important Information Regarding 911 Calls

36:38 - Final Takeaway - Less is More

40:46 - Conclusion

On this episode of Fighting the State, Criminal Defense Attorneys Marc Victor and Andrew Marcantel discuss "interviews" in a criminal defense case.

00:00 - Intro

01:39 - Importance of Getting Interviews Before the Case is Charged

03:45 - You Don't Always Have a Right to Interview

05:02 - Unless Compelled by a Deposition You Are Not Forced to give an Interview

06:11 - More Information Regarding Miranda Rights 07:00 - Everyone Has the Right to Talk to the Police

08:06 - Different Sides to Interviews

13:20 - Types of People Preferred for Interviews

20:30 - Informal Interviews vs Formal Interviews

24:33 - Interview Strategy

38:14 - The State is Fungible in Terms of the Knowledge it Possesses

41:58 - Usually The Defense's Witnesses Must Be Available for an Interview in a State Case

42:42 - Anecdotes

47:44 - Conclusion

Criminal Defense Attorney Marc Victor explains what you CAN say to the police after you are involved in a self-defense shoot.

00:00 - Intro

00:50 - Why You Might Not Say You Feared For Your Life Afterwards

01:40 - Some Statutes Allow Deadly Physical Force For Certain Situations

02:58 - 2 Scenarios After a Self-Defense Shoot

04:12 - Who Should Call 911?

05:14 - What To Say To The 911 Operator

07:13 - What To Say To Police If You Must Speak

18:45 - Recap

19:34 - Conclusion