When Does a Suspect or Defendant Have the Right to Remain Silent?
The Fifth Amendment to the US Constitution protects people from having to give evidence against themselves. In general, this means that if the police arrest you or if a prosecutor questions you, you do not have to testify against yourself. The burden is on the state or the federal government to prove its case independent…
Read MoreKey Factors in Most Criminal Law Cases
Defense lawyers focus on every legal and factual argument they can make to help you obtain an acquittal or a plea bargain. It is not required that you prove your innocence. It is only required that a defense lawyer convince a judge or jury that there is a reasonable doubt about your guilt. Each charge…
Read MoreRinse and Repeat Is Bad Advice When Youâre Drunk Behind the Wheel
A woman achieved the seemingly impossible last year when she was arrested twice for two different episodes of driving under the influence on the same day. Her problems began after midnight when a state police trooper saw her vehicle going over the speed limit while passing on the shoulder of the road. According to the…
Read MoreHow the Sixth Amendment Actually Works to Protect You
The US Constitution provides several Constitutional checks on law enforcement. The Sixth Amendment provides: âIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law,…
Read MoreâDoes This guy Ever Stop Talking?â (What Defendants Need to Know About the Fifth Amendment)
You know how in movies, the bad guys always feels the need to give some long, explanatory speech right before he attacks, which leaves juuuuust enough time for the hero to swoop in and stop the attack? You ever think to yourself, âDear God, just shut up already. Youâre making it worse. Theyâre gonna get…
Read MoreGoogle Maps Has Got Your Back, and the Police Donât Love It
Google Maps does a lot more than provide directions for drivers. Among its many features, drivers who have an iPhone are able to see and report alerts. Police think that advance notice of police locations think may be a danger to public safety. Google and advocates for the app claim that the reverse is true…
Read MoreHow the Fourth Amendment Protects Defendants in Criminal Cases
The police just pulled you over and searched your car. Inside they find your stash of weed. Do you have a defense? The police knock on your door without a warrant and ask to search your home. Can you say ânoâ to the search? The police stop you because you look like someone theyâre investigating…
Read MoreThe History Behind the NY Times Report on Breath Test Unreliability
Look, itâs not nice to gloat. I know this. We all know this. But this whole âbreath tests are faultyâ story from the New York Times that has everyone clutching their pearls and crying, âOh, the horror! We didnât knowâ? Shenanigans. Iâve been a DUI defense lawyer for 20 years, and I am telling you…
Read MoreA Lawyer and a Stormtrooper Walk into a BarâŠ
âŠokay, Iâll stop there. But who doesnât love a great joke? And criminal defense lawyers and bumbling stormtroopers sure provide fertile ground for dad jokes and punchlines. Todayâs blog is inspired by both stormtroopers and lawyers. In my personal time, Iâve been creating a stormtrooper costume by hand over the past few years. (I know…
Read MoreBreath Tests Are B.S., and Now We Have Proof
Most DUI cases involve the following scenario: The police suspect that a person may be driving while intoxicated based on the driverâs road performance. Drivers get pulled over. The police will then request that the driver undergo several field sobriety tests such as a walk-and-turn test and a standing on one leg test. If the…
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