Criminal Lawyer Describes How to Beat a Gun Possession Charge

This video explains how to beat a gun possession charge. Beating a gun charge might involve challenging the traffic stop, vehicle search, the suspect's consent, or the suspect's knowledge. Visit https://www.gustitislaw.com for more information about how to beat a gun possession charge and the best defense lawyers in Bryan-College Station, TX.

In this video, defense lawyer Stephen Gustitis describes how to beat a gun possession charge by challenging the key components of the prosecutor's case. Gun possession charges are serious and can be a felony or a misdemeanor. Learn how to beat a gun charge by watching a criminal attorney explain. Steve is a Texas Board Certified Criminal Defense Lawyer practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to beat a gun possession charge.

How to Defend a Theft Charge

In this video a criminal attorney explains how to beat a theft charge. This could be a shoplifting court case, a theft charge from Walmart, grand theft charges, or a petty theft charge.

In this video, criminal attorney Stephen Gustitis describes how to beat a theft charge by challenging the key components of the prosecutor's case. This could be a shoplifting court case, a theft charge from Walmart, grand theft charges, or a petty theft charge. Steve is a Texas Board Certified Criminal Defense Lawyer practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to beat a theft charge.

4 Ways to Beat Drug Possession Charges in Court

This video explains how to beat drug possession charges. Beating drug charges involves a 4 step evaluation of your case. Visit https://www.gustitislaw.com for more information about beating drug possession charges in court and criminal defense lawyers in Bryan-College Station, TX.

In this video, criminal attorney Stephen Gustitis describes how to beat drug possession charges. Drug charges can be challenged in court using 4 methods of attack including identity issues, possession issues, knowledge issues, and 4th Amendment search and seizure issues. Steve is a Texas Board Certified Criminal Defense Lawyer practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to beat drug possession charges.

What is the Secret Ingredient for a Great Cross Examination?

This video explains the secret ingredient for preparing a great cross examination. It avoids cross examination techniques, rather the video explains how deep creative thought is the key to developing a great cross examination in court. Visit https://www.gustitislaw.com for more information about cross examination and the best criminal defense attorney in Bryan-College Station, TX.

In this video, defense attorney Stephen Gustitis describes his secret ingredient for preparing cross examination in court. Deep creative thought is considered the key to the art of cross examination and for preparing the best cross examination possible. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to prepare the best cross examination.

How to Use Daubert v. Merrell Dow Pharmaceuticals to Defend Forensics

This video describes the Daubert v. Merrell Dow Pharmaceuticals scientific and legal challenges to forensics in criminal court. It's the 2nd video in our series on utilizing science and law to defend against forensic evidence.

In this video, College Station criminal defense attorney Stephen Gustitis explains how to use the scientific and legal principles of Daubert v. Merrell Dow Pharmaceuticals to defend against forensics in the courtroom. This is video #2 in our series on forensic evidence. Steve is a Texas Board Certified Criminal Defense Lawyer practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including Daubert v Merrell Dow.

4th Amendment Pretrial Motions to Suppress Evidence in Criminal Cases

This video considers 4th Amendment pretrial motions to suppress evidence and how they can be used to defend your criminal charges. Visit https://www.gustitislaw.com for more information about pre-trial motions to suppress and criminal defense attorneys in Bryan-College Station, TX.

In this video, criminal lawyer Stephen Gustitis, defines when pre-trial motions to suppress evidence can be used to suppress evidence from a criminal trial. The video also discusses some common situations where the police illegally seize evidence. For example, following an illegal detention, searching without probable cause, and searching with a defective search warrant. The video is #2 in our series on pretrial motions in criminal prosecutions and discusses criminal pre-trial proceedings. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to use pretrial motions to suppress evidence to help defend your criminal case.

Introduction to Pretrial Motions in Criminal Defense Cases

This video begins a new series on pretrial motions in criminal cases and how they can help you defend criminal charges. Visit https://www.gustitislaw.com for more information about pre-trial motions and criminal defense lawyers in Bryan-College Station, TX.

In this video, Stephen Gustitis defines what pre-trial motions are and how pretrial motions in criminal cases can help defend charges. The video also discusses some common examples like pretrial motions to suppress evidence and suppression of statements.The video begins our new series on pretrial motions in criminal prosecutions and discusses criminal pre-trial proceedings. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to use pretrial motions to suppress evidence to help defend your criminal charges.

Technology Issues With Brazos County DWI Videos

Following is a letter sent to the Brazos County Attorney, Rod Anderson, explaining some trouble we've had in viewing DWI videos recorded on proprietary video programs used by local law enforcement. If any fellow members of the Bryan|College Station defense bar have similar issues, please contact Rod Anderson to make sure he's aware of the problem. 

Rod:  

There have been some technology issues around town regarding the Insight AV police videos which the College Station Police Department and Brazos County Sheriff's Office use to record DWI stops. I've heard several other defense lawyers articulate problems in viewing these videos on both PCs and Macs. I also have problems viewing these videos and, in fact, hired a computer expert to determine if it was something on my end. The computer expert explained it was the proprietary nature of the software and the "unavailability" of Internet downloadable code-ex to make the program run properly on someone's computer. 

All other videos can be played on programs like Windows Media Player, Quicktime, etc. These programs have available code-ex on the Internet which can be downloaded to make the players work. Code-ex is not readily available for the Insight AV player. Although the player is on Brazos County Secure Share and I've downloaded it, I still cannot get the Insight videos to play reliably. Again, the computer expert says it's a problem with the proprietary code-ex needed. 

Anyway, I wanted to make you aware of this problem. The Brazos County defense bar is, of course, thankful we can get the videos from your office. Also, Secure Share is a great vehicle through which to obtain them. But the "techno-frustrations" are problematic. 

I'm also aware the videos are available to view in the County Attorney's office, but this solution is impractical since most (if not all) of our detailed video review is done after hours and on weekends where regular office distractions can be eliminated, especially in preparation for trial. 

Thanks for your ear, Rod. Please let me know what we can do.

Steve Gustitis

Defending Bryan|College Station Driver's License Suspension Hearings (ALR)

Last Wednesday I posted about the ALR (Administrative License Revocation) process while waiting to defend several clients in Bryan|College Station. It was a good day in ALR court.  Several College Station police officers were subpoenaed to testify and helpful information was obtained from each. 

Important benefits of the ALR process are the liberal discovery rules. In other words, prior to the ALR hearing the officer's written reports can be obtained and used to help plan the strategy for defending the ALR hearing (and any subsequent Bryan|College Station DWI trial). During the ALR hearing the officer can be tied down to their report. Questions about my client's driving can narrow the reasonable suspicion cited by the officer as legal authority to stop. Further, questions can be used to erode the officer's probable cause for arresting my client and later used to impeach their DWI trial testimony.

Additionally, the ALR process offers the aggressive criminal defense lawyer an opportunity to cross-examine and depose the most important witness in a DWI prosecution . . . the arresting police officer. ALR hearings are also important since rarely is the officer actually prepared to testify by the Department of Public Safety prosecuting attorney. Consequently, the officer is often caught "flat-footed" and unprepared. Following the hearing, a certified transcript of the hearing can be obtained and used to cross-examine the officer during the actual DWI trial. 

There are many reasons to conduct an aggressive ALR defense in Bryan|College Station. First, we want to do everything possible to protect our client's driver's license. Second, we want important written discovery that will help us plan our upcoming DWI defense. And third, getting the arresting officer tied-down to their report, while being unprepared to testify, can be the difference between a dismissal (or a charge reduction) and a trial. 

Getting Between a Lawyer and His Blog

Real work always gets between the Brazos County criminal defense lawyer and his blog. Next week's bank robbery trial is keeping the trial psychosis fires burning brightly. My wife is already talking to me like I'm a stranger. I'll be in touch and thanks for stopping by to visit.

In Like a Lion

I feel the trial psychosis creeping up behind me this week as March comes in like a lion. I'm preparing for two jury trials set #1 on the court's docket next month. Next week I try an aggravated robbery case in state court. The issue is guilt or innocence. My client allegedly went into the College Station, Texas State Bank with three cohorts and robbed the tellers at gun point. This is a good case to try and I'm looking forward to the fight. I'll be brawling with accomplice witnesses and I always love cross-examining the snitchs.

After the bank robbery trial I'll have a week to prepare for the next heart-wrencher set in mid-March. Yet another aggravated robbery the prosecutors affectionately call a "home invasion." My client allegedly forced his way into the home of some local drug dealers with an accomplice. There will be much more emotion wrapped-up in this trial. That's all I'll say for now as not to reveal any trial strategy.

Like last fall I'll attempt some live blogging during trial to give insight into the goings-on.

The Magic of Preparation

Malum writes here about the art of defending people accused of crime. He eloquently notes the job of the criminal defense lawyer is not to seek justice, but to represent the rights of the individual. I enjoyed the way Malum explained the job of the defense lawyer:

I don't think I could be unbiased and zealously represent 80% of my clients if I took time out to consider how best justice could be served. I can’t [fathom] having to weigh in the pain and losses suffered by their victims and their victim's families. I never personalize the alleged actions of my clients. I take and read the facts of their cases as part of a poorly written story.
My job is to fill in the blanks of this story and hopefully finish it with a happy ending. My advantage is that most of the time the DA only repeats and summarizes the poorly written stories, with its gaps, holes and missing pieces. Here is where i am at the advantage because I can fill in those gaps and holes with my version.

This is where the defense does have a great advantage. Although the wise Texas defense lawyer takes their client's version with a grain of salt and corroborates as many facts as possible, our clients can help us understand the story in its entirely.

And this is where the magic begins. Now we possess a superior mastery of the facts. Now ideas pop out from magical depths. This mastery empowers us to forge a story, an argument, that is laden with fact. An argument which now leaves room for the lawyer's own emotional commitment and appeal.

This is how the defense lawyer crafts the winning argument. Not an argument about justice necessarily, but a winning argument about the individual. This is the magic of preparation. Thanks Malum for giving us some insight into your day.

Cockiness Kills Credibility

An interesting study from the University of California, Berkeley confirmed what experienced criminal defense lawyers already knew. The study showed the marked loss of credibility when an over-confident witness made a mistake while testifying compared to an appropriately confident witness making the same error. The phenomenon is something I've observed many times in over 17 years of trial work. The researchers concluded that:

. . . self-assured witnesses who make a mistake - even on issues of little importance - undermine their credibility by raising doubts about their competency, their ability to judge their own abilities and their motivations.

"People giving testimony, or advice, or opinions should therefore be careful to express appropriate degrees of confidence in their assertions," the researchers write in a summary of their report in the January issue of the journal Psychological Science.

[The researchers] said the team's findings challenge the frequent tendency of attorneys to pressure their witnesses to project a strong sense of confidence and to minimize the use of hedges like "I think" or "maybe." Academic experts encounter similar pressures when asked to testify before policy makers, he said. But this first-of-its-kind study shows that such a strategy can backfire if a cocky witness gets caught in a mistake.

The cocky, arrogant, or over-confident witness builds a wall between themselves and the jury. Since normal, ordinary, and reasonable people know we all make mistakes, the over-confident witness projects an air of superiority which juries tend to resent. Consequently, when the witness is caught in a mistake the jury is quite happy to punish him by greatly devaluing his credibility.

The over-confident witness is often one testifying as an expert, but the problem also affects the lay witness. The experienced defense lawyer preparing these witnesses for court will recognize the problem and take appropriate steps to temper their over-confidence.

Telling a Better Story

The Story is the framework within which a jury evaluates our defense. Shouldn't the criminal defense lawyer learn to tell a better story? We arrogantly assume we know how to tell stories and our arrogance inhibits our learning. We told our children stories at bedtime, didn't we? As kids we sat around a campfire and told stories ("lies") to our buddies to impress them with how smart or virile we were. My guess? The stories we told our children and camping buddies all had elements common to great stories. But as lawyers we forgot how to tell a good one. Too much legal analysis, too much legal training.

Ira Glass is well known as a master story teller. Here he talks about the basic building blocks of a good story. His advice fits no matter what kind of story you need.



In short, Ira suggests developing your story with momentum and suspense. Imagine the story is a train leading to some destination. We don't need to reveal the destination - just yet. Tell the story while leading your listener down the path you want them to go. Additionally, Ira suggests "baiting" the story to create suspense. That is, raise questions that you answer later in the story (or during the trial). Lastly, the story must have a moment of reflection. This moment shows the story actually means something to somebody (the client). The client was wrongly accused, misunderstood, taken advantage of, and the like. The moment of refection gives your jury a reason to believe you and decide in your favor.

Story telling should be fun.  Brazos County criminal defense lawyers should have fun telling their client's story, giving their jury a context within which to obtain a favorable verdict. More on storying telling later.

Trial Prep Recon

I've had a unique opportunity preparing for trial this week by observing the jury trial of my client's co-defendant here in Brazos County, Texas. I'm not talking about reading transcripts or reviewing newspaper accounts of the trial, but actually sitting in and watching the jury selection process, opening statements, and witness testimony.

My client was charged with another young man under Texas law with animal cruelty by torture. Under Texas law, torture is causing an animal unnecessary pain or suffering. The government alleged this person and my client planned and set out to torture a horse by hitting it with a mallet and cutting it's throat with a knife. The State's theory was the co-defendant actually cut the horse's throat causing its death. However, they also claimed my client was a party (accomplice) to this crime by encouraging or aiding the co-defendant and doing so with the intent the crime be committed. My client denied, from day one, he ever intended any animal be hurt. The testimony today backed his story.

The evidence so far came from two key witnesses. First, a roommate (RM-1) who allegedly heard my client and co-defendant "planning" this tragic crime. Second, another roommate (RM-2) who was with my client and co-defendant in the pasture when the horse was killed, who by the way did not hear anyone plan anything.

I observed RM-1 testify this morning. I was not impressed. He tended to minimize much of his involvement that night and minimized his extremely poor relationship with my client. This poor relationship gave him a very powerful motive to slant his testimony against my client. In fact, RM-1 and my client had been involved in several serious fist fights prior to this night - one in which my smaller client was on the ground being kicked by RM-1. RM-1 strategically omitted the seriousness of this altercation, but his omission was exposed during the testimony of RM-2 later in the day.

RM-2 was the best witness who testified so far. His testimony interjected energy into the case which had been lacking up to now. RM-2 testified that RM-1 was a problem in the past, abused alcohol regularly, and caused difficulties between RM-2 and his other friends. It seemed the State discredited it's case against my client by demonstrating bad blood between he and RM-1. Beyond this, RM-2's testimony described my client's great compassion and concern for the injured horse as they comforted it after the co-defendant had stabbed it several times.

I can't imagine the jury believed my client was an accomplice to this crime after hearing the emotional testimony of RM-2. I've been taking good notes and eye-balling these witnesses one-by-one. The testimony of these critical witnesses will appear prominently in my negotiations with the prosecutor once the current case is concluded.

A Trial Lawyer's Love-Hate Relationship

In Mark Bennett's recent post, Trial Mode Off, he was describing his love-hate relationship with the work of a criminal trial lawyer. Mark and I are totally simpatico on this. Mark writes:

We prepare and prepare and find ourselves ready or at least ready to announce ready, our loins girt, our witnesses subpoenaed, our files organized, only to be told to come back again in a month or two or three. Sometimes it's a blessing -- there is often one last little thing left undone on the eve of trial, and the delay allows us to do that last little thing and discover another last little thing left undone on the next eve of trial.

I'm always amazed at the number of things we think of during trial preparation to shore-up our theories, evidence, and arguments. Like Mark says, sometimes it is a blessing to get "reset" so we can follow-up on some of the things left undone. Mark says further:

Trial preparation is work. It's not digging ditches, but it requires a lot of energy to do right. In addition to planning strategies for jury selection, opening statement, cross-examination, direct examination, and closing arguments I dream up trial motions, research trial briefs, and write proposed jury instructions. At the same time I'm marshaling my witnesses, gathering my equipment, and rescheduling the hundred other things that might otherwise threaten to intrude when I'm in trial.

It seems the trial lawyer's creativity mode goes into overdrive during trial preparation. On many cases I maintain an "idea book" that includes space for a "to-do" list, jury selection ideas, opening statement, direct and cross-examination ideas, theories, legal research, jury instructions, rebuttal, closing, etc. I find the idea book is a great way to keep things organized. Mark continues:

I'm also preparing myself physiologically. My body shifts into survival mode. A steady trickle of adrenaline drips into my bloodstream. I don't need as much sleep. I might wake up at four in the morning with an idea and write it down. Then I might slip back into sleep, or just spend the rest of the morning thinking about the case.

I don't eat right, sleep right, or act right when I'm winding up for trial. Please understand I enjoy eating, sleeping, and acting right. But the adrenaline drip is like a itch you just can't scratch.

The people who live with me see me slipping into trial mode and, since they've been through it before, prepare themselves for the trial.

My people simply get out of my way. I don't like that either. My kids are not quite old enough to understand it. My wonderful wife simple endures it. Since Mark's wife is also a lawyer, hopefully she understands it somewhat better. He says further:

When I'm in trial, losing is not an option. It's too late to red-team the case; what I call (and Scoplaw calls) "trial psychosis) takes over; I put on what Gideon calls trial blinders. In my mind I have a response to every prosecutorial argument and objection. My advocacy couldn't possibly fail to raise a reasonable doubt in the mind of any juror with a brain. I'm Clarence Darrow, Earl Rogers, and Alan Shore rolled into one. The things left undone are unimportant; I have everything I need to win. I'm tuned in to every nuance of every word everybody says. I'm a mind-reader. The courtroom belongs to me, and I'm the best lawyer in it. I'm feeling sorry for the prosecutor who has to face me. I'm a superhero.

I am totally there. I can't figure out why everyone in the courtroom doesn't see things my way. The courtroom does belong to me and I am the best lawyer in it. Like Mark, when I walk in I have everything I need to win. Last week, though, Mark had to turn off the switch:

Click. The adrenaline drip is disconnected. The hundred things rescheduled can now be dealt with. The witnesses will have to be marshaled again later. My family has me back. And I have to shift back from trial mode to ordinary-life mode. This afternoon I took a three-hour nap. I feel like an ordinary human being again. Almost.

Trial mode is hard. I don't really like it. I like being an ordinary human being. But after it's over I look forward to doing it again. Crazy! That is the love-hate relationship defense lawyers have with trial work. Thanks for the post, Mark.

Trial This Week

Trial preparation is a very busy time. This past week I've been preparing for a trial in which my client is charged with burglary of a habitation. In other words, the State alleged my client entered someone's home without the owner's consent and with the intent to commit theft. Alternatively, the State will prove that, in fact, theft was committed by my client while inside the home.

This case is unusual since my client was found incompetent to stand trial last March and was hospitalized until August 15, 2007. The doctors at Rusk State Hospital stated he was now competent and had a rational understanding of the proceedings against him. However, it's been extremely challenging to discuss the case with him and gain his trust. Compounding the problem is the solid case against him. Additionally, the client's prior trips to the State prison make his minimum punishment 25 years, with a maximum of life. The client has been unwilling to negotiate any settlement short of trial.

I couldn't think of a more unjust result than this man receiving even the minimum possible punishment. Since 1990 he's been in and out of the state mental health and mental retardation services system. He is clearly troubled and unable to properly provide for his needs. The prosecutors were unwilling to recommend anything other than 25 years to do. My attempts to persuade them to drop an enhancement and offer something reasonable have fallen upon deaf ears. The client's family is behind him and will be present for the trial. I expect his mother and father to testify at the punishment phase if he is convicted.

I've been putting the finishing touches on my jury selection presentation. I just came back from the courtroom where I test-drove my "Keynote" presentation and made sure all the wires, electrical cords, and the like were in good working order. If I knew the prosecutors did not read this blog, I might share some trial strategy with my readers. That will need to wait, however. Until then, I'll continue to enjoy the life of a Texas criminal defense lawyer and get ready for trial.

Work Harder, Work Smarter

Last week the Frisco DWI Lawyer and Robert Guest (I Was the State) posted here and here about techniques being taught to state prosecutors for cross-examining persons accused of DWI. These bloggers noted how the prosecutors are taught to "spin or ignore evidence of innocence." They are taught to attack the credibility of the client by developing "time lines" which the client cannot explain, thereby impugning their testimony. They are taught to presume guilt and argue the client had a motive to lie and testify that he was not intoxicated.

Frankly, I don't have a problem with what the prosecutors are learning. Trial work is hard-ball and I don't fault my adversary for developing potentially winning tactics. We criminal defense lawyers do the same thing when we attack the arresting officer or the breath test operator. We do the same thing when we argue motives for why state's witnesses are lying, or stretching truth. That's our job, too.

The job of the criminal defense attorney is to prepare the client, and the jury, for such attacks. To anticipate what our adversary might do in trial and have contingency plans. Preparing for trial is hard work. Preparing the client is hard work. Testifying does not come without risk. The good criminal defense lawyer is always tapping their well of knowledge and experience to out-wit and out-maneuver the prosecutors wherever they can.

Additionally, the criminal defense attorney is building a persuasive case from the juror's point of view, taking into account what must be admitted and what the key contested issues will be. It is the persuasive case that wins decisions from the jury. Since the jury decides whether the case is persuasive, it must be built with their values and beliefs in mind. Hard work, brainstorming, and critical evaluation are the keys.

Let the prosecutor try. The point is we must try harder, work smarter, and know the facts better than the other guy. Thanks to the Frisco DWI Lawyer and I Was the State for giving us insight into what the prosecutor's game plan might be.

The Persuasive Case - Evaluate & Narrow

It's the job of the Brazos County criminal defense lawyer to select the one best case for the client from all the possible cases. Far too often a jumble of facts is presented by the lawyer, leaving it to the jury to find a case if one even exists. This method loses the emphasis of having a strong integrated case which is communicated powerfully to the jury.

After the accumulation of facts and ideas, but before the story is finalized, the defense lawyer's emphasis shifts to rigorous evaluation, analysis, and narrowing of the case to the most plausible and powerful. Facts may be subject to various interpretations or may be contested. Analysis is necessary. The prosecutor's case must also be analyzed to determine which issues are agreed upon and which issues are in controversy. The result is a list of crucial contested issues which must be the focus of the persuasive case.

Theories, facts, interpretations, and arguments must be rigorously analyzed to determine validity and strength. Theories must account for all the facts which the jury will believe or the theory won't be viable. Weak theories, interpretations, and arguments should be discarded. Out of the remaining material alternatives should be compared and a selection made of the most plausible and powerful for the persuasive case. These must then be integrated around a single theory of the case in a way that appeals to the values of the jury.

The Persuasive Case - The Story

It is the persuasive case that wins decisions from the jury. Since the jury decides whether the case is persuasive, it must be built from their point of view. The law furnishes the framework within which persuasion must take place including the charge elements, defenses, and evidence foundations. But the legal case must be distinguished from the persuasive case since jurors do not think like lawyers. For the most part they don't engage in legal analysis because it is meaningless to them. They are people oriented, rather than law oriented. They use their feelings and emotions to make decisions more often than logic. Consequently, the College Station criminal defense lawyer must build the persuasive case upon the basis of the jury's belief system. Every case, every action the defense lawyer takes must be evaluated from the juror's point of view.

The story is the device which best allows the jury to comprehend and retain the case. It is the memory device for organizing, understanding, and retaining facts and ideas. The story is also used by the jury to determine whether they will accept the case as plausible. The jury determines how plausible the case is by placing the story next to their own ideas about how the world works. Then they accept as plausible that which corresponds to their own ideas.

To be plausible the story should have several characteristics in addition to being consistent with the juror's experience. First the story should be organized around one theory of the case or interpretation of the facts. The story should be consistent within itself and with other facts which the jury will believe. The story should have completeness and context, as well.

The story must also be painted with imagery so the jury can visualize the event. This way the event becomes real to them. Additionally, the story should appeal to principles and values important to the jury. Values such as right over wrong, justice over injustice, truth over untruth should form the basis of the story. The story must also appeal to common sense and be such that the ending is fair and just only if a favorable verdict is awarded.