Posts by Drew Cochran
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,…
Read More“Does This guy Ever Stop Talking?” (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, “Dear God, just shut up already. You’re making it worse. They’re gonna get…
Read MoreGoogle Maps Has Got Your Back, and the Police Don’t 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 “no” to the search? The police stop you because you look like someone they’re investigating…
Read MoreThe 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…
Read MoreA 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…
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 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…
Read MoreWill a DUI Show Up on My Background Check?
Drivers who are convicted of driving under the influence should expect that they will be forced to spend time in jail, that their license will be suspended, and that they will have to pay court costs and fines. What defendants usually fail to consider is that any DUI conviction becomes part of your criminal record.…
Read MoreHow Mental Health Problems Are Handled in Maryland’s Criminal Justice System
The new movie, “Joker,” focuses on the relationship between the Joker’s mental health issues and his criminal behavior. A recent discussion with Dr. Imani Walker, a psychiatrist who also works as the medical Director of Gateways Hospital & Mental Health Center in Los Angeles, helped to place a focus on the character’s disorders and his…
Read MoreAccidental Porn? It’s Real, and It Can Lead to Criminal Charges
The seriousness of a possession of child pornography charge cannot be underestimated. Possession of depictions of a minor engaged in obscene actions or sexual conduct can lead to criminal charges for each and every picture. Convictions for each count can mean a year in jail and a $1,000 fine. Anyone convicted a second time can…
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