Posts by Drew Cochran
If Your “Crime Pays” Tattoo Proves to Be False Advertising, Can You Sue?
Ok. If you’re going to engage in drug-fueled police chase where you could be charged with resisting law enforcement, possession of methamphetamine, reckless driving, auto theft, and common nuisance – the smartest thing isn’t also to have a tattoo on your forehead that says “Crime Pays.” Not only does the tattoo make you look like…
Read MoreWhen Is Probation Before Judgment (PBJ) an Option?
A PB&J is delicious. A PBJ – Probation Before Judgment – is an actual remedy that is issued in many nonserious criminal charges to help a defendant avoid prison time. You can think of PBJ as a “sandwich” remedy, though, which combines an outer layer of being placed on probation with the softer inner layer…
Read MoreAre Eyewitnesses Really Reliable?
You’ve seen it in the movies and on TV. The drama about who committed a crime ends when an eyewitnesses says, “I saw So-and-So Kill that man with a spoon*. He did it or she’s the one!” (*Or whatever. TV is terrible. Don’t let it rot your brain.) It always sounds or seems like doom…
Read MoreYou Think Your Lawyer’s Bad?
As a criminal defense lawyer, I hear no shortage of complaints from people about their criminal defense lawyers. (That’ll teach you not to come directly to me, huh?) I hear the same complaints and, frankly, terrible “jokes” from people I know and love, too. Comes with the territory. But if you think your lawyer is…
Read MoreHow Does a Maryland DWI Offense Differ from a DUI Offense?
The terms DWI and DUI are similar but not identical. DWI stands for Driving While Impaired. DUI stands for Driving while Under the Influence. There are different requirements for proving each type of offense. The penalties are also different. In general, the penalties for a DWI are less severe than the penalties for a DUI…
Read MoreWhen 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 You’re 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: “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…
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