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
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
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
Generally, persons are protected by the Fourth Amendment of the US Constitution against “unreasonable searches and seizures.” This means that, before law enforcement officials can conduct a search or seize potential evidence or arrest an alleged criminal (seize the body of the person), law enforcement officials must obtain permission — approval — from a judge…. Read More
Receiving a criminal conviction is not always the end of the road. While it might seem like it is, a criminal conviction often begins the process of deciding how to create a successful appeal, which involves questioning a court’s legal basis for making a decision. There are a number of ways in which an appeal can… Read More
A pretrial hearing refers to a meeting between parties in a case that occurs before a trial. In criminal cases, these parties are often the prosecution, the person being charged with the criminal offense, that individual’s lawyer, and a judge. During a criminal trial, a pretrial hearing helps to resolve a number of obstacles including… Read More
According to a study of every person who received a death sentence since 1973, the most likely outcome for individuals facing this sentence is avoiding execution, often by having the death sentence overturned. More specifically, from 1973 to 2013, 8,466 death sentences were made by the United States Courts. Only 1,359 individuals were executed. 3,194… Read More