February 2017 - Federal Criminal Law Center

The Exclusionary Rule Exceptions

Posted by Marcia Shein
On February 22, 2017
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criminal defense attorney, Evidence, exclusionary rule, trial

Pre-Sentence Report The exclusionary rule states that illegally-obtained evidence and statements obtained through an illegal interrogation, in violation of the Fourth, Fifth, or Sixth Amendment of the United States Constitution, are inadmissible at the criminal trial of a person whose rights were violated. In basic terms, the illegally obtained evidence cannot be used against the […]

Posted by Marcia Shein
On February 18, 2017
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Constitutional Rights, Criminal Defense, First Amendment, freedom of speech, recording police

In the constantly advancing world of technology, it seems that almost everyone has access to its many forms. Smartphones are ubiquitous, and they are not just phones anymore. They are a camera, a video recorder, a music library, and much more. Most people have a smart devices on them almost at all times, since they […]

Posted by Marcia Shein
On February 14, 2017
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Federal Charges, Questions Of Jurisdiction, State Crime Charges

Do you ever wonder how a case is determined to be heard in federal or state court? Whether a crime is punished by the state or federal government is a matter of jurisdiction. In basic terms, jurisdiction is the official power to make legal decisions and judgments. A court must have jurisdiction over a […]

Posted by Marcia Shein
On February 10, 2017
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criminal defense attorney, mandatory minimums, sentencing

In March of 2016 the United States Sentencing Commission detailed that more than half (56.8%) of offenders in the federal prison population were convicted of an offense carrying a mandatory minimum penalty. What are Mandatory Minimums? Mandatory minimums are sentencing laws that require a specific minimum prison term to be imposed on offenders who are […]

Posted by Marcia Shein
On February 6, 2017
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Criminal Defense, Miranda Rights

In previous articles we have explored what Miranda rights are and the exceptions that apply. In this article we will discuss an example of Miranda rights that were breached and then brought to the Ninth Circuit Court of Appeals. What Is Considered A Routine Booking Question? The following conversation took place at 2:30 a.m. at […]

Cybercrime Reaches Far and Wide

Posted by Marcia Shein
On February 2, 2017
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Criminal Defense (120), cybercrime

With the vast developments in technology, “cybercrime” now covers a large array of acts involving computers, smartphones, and other devices. As convenient as it is to have access to so much new new technology, our legal system is struggling to respond to and define “cybercrime.” This can cause problems when prosecutors attempt to argue that […]

The Exclusionary Rule Exceptions

Recording Police Officers Goes to the Appellate Court

How a Crime Becomes a Federal Crime

Mandatory Sentencing Minimums

Miranda Rights Suppression Appealed

Cybercrime Reaches Far and Wide