An important role of the federal criminal process is the grand jury. The main purpose of a grand jury is to decide whether an individual should be charged (or “indicted”) with a specific crime, usually only serious crimes. Because of the purpose of this proceeding, it is usually one of the first procedures in a… Read More
Parole plays a role in the lives of many convicted individuals. The purpose of parole is to help a previously incarcerated person resume life in society under the guidance of a parole officer. Two of these elements include helping a person with housing and employment-related issues. Additionally, parole serves the purpose of protecting society from… Read More
Breaking Down Appellate Jurisdiction Appellate jurisdiction refers to the ability of an appeals court to review and make decisions on cases heard by trial courts as well as other types of “lower” courts. To navigate appellate court cases, many people find it vital to obtain the assistance of an experienced appellate lawyer. It also helps… Read More
An indictment is a type of formal accusation against one or more defendants that charges the individuals with one or more offenses. In federal courts of law, the prosecution relies on the indictment as the primary method to initiate criminal cases. If you find yourself facing a federal indictment, contact a seasoned defense attorney. It… Read More
The Fifth Amendment to the U.S. Constitution provides, in part, that no “person [shall] be subject for the same offense to be twice put in jeopardy of life or limb.” This is commonly called the “Double Jeopardy Clause.” Many people understand the constitutional protection against double jeopardy to mean that a person cannot be tried… Read More
Criminal defendants are entitled to due process. One crucial component of due process is that a criminally accused be given a trial “by an impartial jury.” In this regard, the United States Supreme Court has held that the impartiality of a jury is compromised by “any private communication, contact, or tampering directly or indirectly, with… Read More
In 1973, the US Supreme decided a case called Cady v. Dombrowski, 413 US 433 (Supreme Court 1973). In Cady, an off-duty Chicago policeman, Chester J. Dombrowski, was arrested by local Wisconsin police on a charge of drunk driving following a one-car accident in which Dombrowski injured himself and damaged his rented 1967 Thunderbird. The… Read More
When law enforcement officials seize property — like a vehicle, a briefcase or a laptop computer — as part of a criminal investigation, law enforcement is required to obtain a warrant from a judge for a subsequent search of the contents. If there is probable cause, the police are allowed to temporarily seize the property… Read More
In criminal law, under the federal Constitution and under State laws, a criminal defendant has a right to a jury trial. But, what does this mean? What is the role of the jury in criminal trials? In brief, the role of the jury is to hear and see the evidence, to follow the law, to… Read More
If your post-conviction criminal appeal team can demonstrate “structural error,” then you — the criminally accused — will be entitled to a new trial. This is true even if the error was not preserved for appeal, by a timely objection during the trial, or whether the error actually impacted the outcome of the case. In… Read More