In a previous article, we explored Miranda rights. As previously discussed, a police officer must read you your Miranda rights when you are in a custodial interrogation. However, there are certain exceptions to this general rule, which are highlighted below. Routine Traffic Stops for Traffic Violations A routine traffic stop does involve a significant restraint… Read More
On December 12, 2016 the U.S. Supreme Court declined to hear hear a challenge from death row inmate, Romell Broom, who argued that because the state mishandled the first attempt to execute him, a second attempt would be unconstitutional. Although Justice Stephen Breyer and Elena Kagan said they would have granted the appeal to decide… Read More
You are the defendant in a federal criminal case awaiting your sentencing, having already been found guilty. The jury delivers the maximum sentence available and your body goes completely numb. Is this decision final? Is there any way that the sentence can be reduced? Yes. One possibility is through Rule 35. What is Rule 35?… Read More
Being convicted and sentenced for a federal crime is a serious event. However, it is not the end of the story. You can still appeal the outcome. One of the things that you can claim on appeal is that your trial attorney was to blame for you not being acquitted at trial, or for the… Read More
When the Constitution was written, a lot of care was taken to make sure that the government would not use the criminal justice system to pressure or imprison people who disagreed with it. This is why you have a right to a jury of your peers, and why unreasonable searches and seizures are prohibited. It… Read More
The Fourth Amendment prohibits searches or seizures that are considered “unreasonable.” However, one way that law enforcement can get around this prohibition is to get a search or an arrest warrant. Warrants are acquired behind the scene, between the police and prosecutors, on the one hand, and a judge or magistrate, on the other. As… Read More