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
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
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
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
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
Giglio evidence is a type of exculpatory evidence that might help a criminally accused cast sufficient doubt on his or her guilt as to obtain an acquittal from a jury. Giglio evidence is named after the US Supreme Court case Giglio v. US, 405 U.S. 150 (1972). Giglio evidence is a type of evidence that… Read More
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
In criminal law, exculpatory evidence is some fact, testimony or document that, if used at a criminal trial, might help prove that the accused was not guilty of the charges. Exculpatory evidence includes anything that might directly show the innocence of the accused or that might show an excuse, justification, or defense to the charges…. Read More
The Fourth Amendment to the US Constitution states that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Many state constitutions have similar protections. In criminal law, an accused — the criminal defendant — can bring a motion before the… Read More