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
Criminal Defense
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
“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
What is “Reasonable Suspicion” and How Might it Help Your Criminal Defense or Appeal?
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
Reasons to Appeal a Criminal Case
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
How to Prepare for Your Pretrial Hearing
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
Successful Death Penalty Appeals
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
How Cases Get to a Federal Court
There are two types of court systems — federal and state. Each of these court systems is tasked with hearing different types of cases. While state courts are primarily responsible for interpreting state law, federal courts have the responsibility of hearing a number of different types of cases. Because many people have questions about how… Read More
How Likely is it to Win a Habeas Corpus Case?
While some people have not heard of the phrase “habeas corpus,” it plays a vital role in how criminal cases are decided. In Latin, the phrase “habeas corpus” means to “produce a body,” which refers to the fact that a prisoner must appear in person before a judge during the motion. Most of the time,… Read More
What Does Dismissed with Prejudice Mean?
Understanding the Term Dismissed with Prejudice In 2018, the number of federal filing in United States district courts increased 8%, with 81,553 cases initiated. As a result, it should come as no surprise that the federal court system is overburdened with a large number of cases. In order to provide justice, courts must do whatever… Read More