We have previously discussed the recently decided case by the United States Supreme Court, Utah v. Strieff. This case will likely be seen in years to come as a monumental blow to the Fourth Amendment, which protects all U.S. citizens from unreasonable searches and seizures. Here, we will discuss the implications of this decision for… Read More
Drug Crimes
How the Federal Government Can Prosecute for Marijuana Crimes
Enforcing marijuana laws might be one of the most complex issues in the United States criminal justice system. With more and more states legalizing marijuana, enforcing laws where it is still illegal becomes complicated with practical concerns, and enforcing federal drug laws in states that have legalized the drug can be politically awkward. However, this… Read More
Categories of Drugs in the Controlled Substances Act
As if getting charged with a crime were not frustrating or confusing enough, many federal crimes can also be prosecuted at the state level. When illegal activity falls within the concurrent jurisdiction of the federal and the state government, the federal government has the option of taking the lead and prosecuting it. However, they can… Read More
Police Traffic Stops: How Long Is Too Long?
In 2012, while driving along a Nebraska highway, Dennys Rodriguez was pulled over for a police traffic stop by an officer who noticed him veer briefly onto the shoulder. After checking his license and registration, the officer issued a written warning, instead of letting him go, the officer (who had noticed a strong scent of… Read More
Marcia Shein To Speak At National Association of Criminal Defense Lawyers Conventions
In October, our very own Marcia Shein will be speaking at two different conventions hosted by the National Association of Criminal Defense Lawyers (NACDL). Her first appearance will be on at the NACDL’s 8th Annual Conference titled “Defending The Modern Drug Case.” This convention is being held at the Bellagio Hotel in Las Vegas, NV on… Read More
What Do I Do If I Am Caught with an Ounce of Marijuana?
“What Do I Do If I Am Caught With An Ounce Of Marijuana?” This question is no longer nearly as clear-cut as it once was. As public opinion (and subsequently the laws) about marijuana possession are currently changes, it can be confusing to know how much (if any) marijuana you can lawfully hold, and what… Read More
Is There a Way to Avoid Mandatory Minimum Sentences
The definition of a minimum mandatory sentence is a minimum prison sentence that a judge must impose. This type of sentence is used for specific crimes, and the judge is required to impose the sentence without considering any mitigating circumstances. In US federal court, there are only two two ways for an individual facing a… Read More
Are Judges Required to Respect a Plea Agreement?
The procedures of the criminal justice system are long and complicated. That’s the very thing that makes them so expensive. When it comes to plea agreements, they aren’t just used in order to make things easier for all parties concerned, but to avoid the expense that a lengthy trial can bring. Judge Roles The short… Read More
How States are Able to Legalize Marijuana
Regardless of whether or not marijuana is legal at the Federal level, states have the right to make their own laws regarding the substance. The tenth amendment of the Constitution of the United States assures that states have powers not previously delegated to the Federal government. In the case of the regulation of marijuana, that… Read More
Critics: Arrest focus wrongly on pot rather than on violent crime
On the one hand, you’ve got murder, rape, robbery, aggravated assault and manslaughter. On the other hand, you’ve got marijuana possession. Where do you think police departments across the United States are focusing most of their enforcement efforts? The FBI Uniform Crime Report for 2012 makes it quite clear that, despite a growing shift in… Read More