What is the Role of Jury?

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

Suppressing Evidence Made by a Co-Defendant

In cases that involve many individuals who are charged with the commission of the same crime, it has increasingly become a problem for one person’s legal counsel to hear incriminating statements about the person from another individual who was involved in the offense. Fortunately, the Bruton doctrine can be used to suppress these statements. If you… Read More

The Exclusionary Rule Exceptions

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… Read More

Appeals

What Does “Remand for Further Proceedings” Mean?

When appellate courts resolve post-conviction appeals, if the appeal is successful, the appellate court will complete their ruling by ordering that the case be “remanded for further proceedings.” Sometimes a phrase is added requiring that the further proceedings be “consistent with this opinion.” So, what does “remand for further proceedings” mean? “Remand” is a judicial… Read More

Collateral Appeals

“Spread Eagle Order” Case is Proof That Criminal Defendants Should Never Stop Fighting for Their Rights

If you are arrested and charged with a crime, the criminal defense and post-conviction appeal team, here at the Federal Criminal Law Center, insists on the rule that the criminally accused should NEVER EVER stop fighting for their constitutional rights. Why? First, if your rights are vindicated, you retain your freedom and clean record. Second,… Read More

Why Legal Definitions Matter: Van Buren Narrows Definition of Computer Fraud Crime

When enacted by Congress back in the 1980s, the Computer Fraud and Abuse Act (“CFAA”) was intended to prevent hacking of government computers, computer fraud and other forms of cybercrime. Around that time, there was a popular Hollywood movie released called War Games. In the movie, cyber hackers gained access to government computers that controlled… Read More