In general, the word “conviction” means that, after trial, the jury has returned a verdict of “guilty” on at least one criminal charge. Post-Conviction Appeals Very broadly, the legal phrase “post-conviction appeal” means any effort that occurs after conviction by a jury of one or more criminal charges that seeks to overturn, nullify, or modify… Read More
If you have been arrested for a federal crime, the first thing you MUST do is stop talking to law enforcement officers and do NOT talk to federal prosecutors. This is true if your arrest came as a surprise or if you had some reason to expect an arrest for a federal crime. You might… Read More
If you have been convicted of a crime in DeKalb County, GA, you have precisely 30 days to file an appeal (or to file a Motion for a New Trial, which will extend the time for filing an appeal). Starting a Georgia Post-Conviction Appeal The process for starting the Georgia criminal post-conviction appeal process involves… Read More
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