Category Archives: Criminal Defense Advice
The Rules Behind the Admissibility of Evidence and Technology’s Effect
In criminal proceedings, introducing evidence is the most integral part of the proceeding. The type of evidence and its relevancy can make the difference in a case by determining whether a criminal defendant will be acquitted of the offense or convicted. This makes the practice of determining relevant and admissible evidence extremely important as… Read More »
Battered Spouse Syndrome: A Criminal Defendant’s Affirmative Defense
There are very few situations in the criminal justice realm where someone may injure or kill another and the court finds that the actions are excusable or justifiable. When it comes to justifiable or excusable felonies, generally the criminal defendant will be charged with the crime, and the defense will put forward some form… Read More »
Early Release Options and Programs for Convicted Criminal Defendants
A criminal defendant who has been convicted and is sentenced to a significant amount of time in prison has several options regarding his/her future. The inmate may complete his/her sentence, but with prisons generally overpopulated, a non-violent or rehabilitated inmate may have several ways in which he/she may leave the prison walls early. Early… Read More »
Mitigating Circumstances: Are They Explanations or Excuses?
For criminal defendants during their criminal proceedings, evidence is admitted throughout the case by both sides to prove (or disprove) the elements of the crime that they have been charged with. For example, homicide crimes require that the prosecution and defense put forward evidence to prove or disprove the mens rea and the actus… Read More »
Miranda Rights: Extended Interrogation Can Lead to Involuntary Confessions
In our criminal justice system, we have drafted and put into force rules of criminal procedure to outline the rights that are imbued to those who have been arrested and charged with a crime. One of those rights is the freedom to be free from coerced or involuntary confessions and any sort of interrogation… Read More »
The Importance of Chain Of Custody in Your Criminal Proceeding
In the criminal justice system, the statutes, rules and regulations regarding criminal law, criminal procedure, and evidence are standards by which the system may help to ensure that criminal defendants have access to a fair and impartial justice. Having the standards codified within the criminal statutes and codes provides criminal defendants (and the attorneys… Read More »
Jury Nullification: The Criminal Justice System’s Best-Kept Secret
There are many protections in the criminal justice system that were originally conceived so as to ensure that no matter how large the system grew, the people and society would be the checks and balances on the system. It is the reason why the system touts the mantra “innocent until proven guilty” and why… Read More »
Modus Operandi (MO) Evidence: Is it Fair to Peg Similar Crime Scenes to One Person?
In criminal proceedings, there are rules of evidence that exist so that the criminal justice system can attempt to be as balanced as possible, and ensure that criminal defendants are given the utmost opportunity to show their innocence. The Federal Rules of Evidence provides limitations, rules, and boundaries so that criminal defendants are able… Read More »
Insurance Coverage Denials Leave Acquitted Defendants Without Insurance
There are many issues that need to be resolved when one has been accused of a crime. There are the preparations that need to be made upon arrest (everything from getting an attorney, to posting bail, receiving a hearing date, etc.), preparations that need to be made for the criminal proceedings that are about… Read More »
“A Year and a Day Rule”; The Retroactivity of an Abolished Criminal Defense
In the criminal justice system, there are certain safeguards that protect both criminal defendants and victims of crime by attempting to provide certain laws and rules that are beneficial to the parties. Criminal defendants, however, because of the possible loss of life and liberty as a result of a negative ruling, are protected by… Read More »