Criminal Defense
If Your âCrime Paysâ Tattoo Proves to Be False Advertising, Can You Sue?
Ok. If youâre 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 â the smartest thing isnât also to have a tattoo on your forehead that says âCrime Pays.â 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 â Probation Before Judgment â 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 âsandwichâ remedy, though, which combines an outer layer of being placed on probation with the softer inner layer…
Read MoreAre Eyewitnesses Really Reliable?
Youâve seen it in the movies and on TV. The drama about who committed a crime ends when an eyewitnesses says, âI saw So-and-So Kill that man with a spoon*. He did it or sheâs the one!â (*Or whatever. TV is terrible. Donât let it rot your brain.) It always sounds or seems like doom…
Read MoreYou Think Your Lawyerâs Bad?
As a criminal defense lawyer, I hear no shortage of complaints from people about their criminal defense lawyers. (Thatâll teach you not to come directly to me, huh?) I hear the same complaints and, frankly, terrible âjokesâ from people I know and love, too. Comes with the territory. But if you think your lawyer is…
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 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 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 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…
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