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…

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Key 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…

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How the Sixth Amendment Actually Works to Protect You

The US Constitution provides several Constitutional checks on law enforcement. The Sixth Amendment provides: “In 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,…

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How 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 “no” to the search? The police stop you because you look like someone they’re investigating…

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The History Behind the NY Times Report on Breath Test Unreliability

Look, it’s not nice to gloat. I know this. We all know this. But this whole “breath tests are faulty” story from the New York Times that has everyone clutching their pearls and crying, “Oh, the horror! We didn’t know”? Shenanigans. I’ve been a DUI defense lawyer for 20 years, and I am telling you…

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A Lawyer and a Stormtrooper Walk into a Bar



okay, I’ll stop there. But who doesn’t love a great joke? And criminal defense lawyers and bumbling stormtroopers sure provide fertile ground for dad jokes and punchlines. Today’s blog is inspired by both stormtroopers and lawyers. In my personal time, I’ve been creating a stormtrooper costume by hand over the past few years. (I know…

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Breath 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 driver’s 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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