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
In March of 2016 the United States Sentencing Commission detailed that more than half (56.8%) of offenders in the federal prison population were convicted of an offense carrying a mandatory minimum penalty. What are Mandatory Minimums? Mandatory minimums are sentencing laws that require a specific minimum prison term to be imposed on offenders who are… Read More
If you watch popular legal dramas, you might think that your “Miranda Rights” mean that you should not talk to police without a lawyer present, but there is much more to them. The following are your Miranda rights: You have the right to remain silent. Anything you say can and will be used against you… Read More
The word “felon” is not one that many people want to be associated with. The term not only brings about many legal implications, but also a harsh social stigma. If you are charged with a felony, one possible tactic is to try to reduce your sentence to a misdemeanor. What is a Felony Versus a… Read More
If you get charged with a crime and convicted, one of your options is to exercise your right to appeal the verdict. This applies if you took the case all the way through trial and were convicted by a jury, or if you took a plea deal, so long as you reserved the right to… Read More
One of the most important preliminary aspects of a trial is what evidence gets admitted to the proceeding and what evidence gets kept out. Trial judges are the ones who get to make these decisions, but no matter how smart or experienced he or she is, a trial judge is still just a human being…. Read More
Contrary to what they would like you to believe, police are not everywhere. Instead, they need to rely on other people to investigate crime and make eyewitness identifications. Unfortunately, this process is often fraught with complications because science has shown, time and time again, that eyewitness identifications and eyewitness testimony is far from reliable. However,… Read More