Criminal Defense Headlines

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Crime

[03/10] Calif. jury recommends death for serial killer
[03/10] Conviction vacated for Mass. man who ran over duck
[03/10] 2 accused of giving day care kids sleep supplement

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Articles

Criminal Defense

Searches & Seizures: The Limitations of the Police

Although people in the United States are entitled to privacy and freedom from government intrusion, there is a limit to that privacy. State or federal police officers are allowed, where justified, to search your premises, car, or other property in order to look for and take illegal items, stolen goods or evidence of a crime. What rules must the police follow when engaging in these searches and seizures? What can they do in upholding the laws, and what can't they do?

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Traffic Offenses

Traffic control is an issue of immense proportions. The first traffic laws and regulations began to appear in the 1920s and they now constitute a large part of most state statutes. More than ninety percent of the people in this country over the age of sixteen are licensed to drive, and there is more than one car registered for each one of them. This translates into trillions of miles driven each year with millions of traffic infractions. The criminal justice system would quickly be overwhelmed if each infraction required full criminal trials. Therefore, traffic violations have been divided into three categories: felonies, misdemeanors, and infractions or violations.

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Case Summaries

Criminal Law & Procedure

[03/10] US v. Fisher
Defendant's firearm possession conviction is affirmed where police had probable cause to detain defendant because they were responding to a 911 call late at night, in a high crime area, with every reason to suspect gunplay, and the only vehicle at the scene looked as if it was about to depart.

[03/09] US v. York
Defendant's conviction and sentence for arson and carrying a destructive device are affirmed where: 1) there was sufficient evidence that the fire at issue was intentionally set; 2) the district court did not abuse its discretion by denying defendant's motion for a mistrial, because defendant failed to show that he was prejudiced by a jury note requesting to hear again defendant's confession; and 3) evidence that defendant had harmed his girlfriend went to issues other than defendant's character because it explained that she withheld information from the police due to her fear of defendant's threats.

[03/09] US v. Banegas
Defendant's drug conspiracy conviction is reversed where the trial court failed to state particularized reasons for requiring defendant to be shackled while defending himself pro se.

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Frequently Asked Questions

Criminal Defense

Are there special crimes to control children's behavior?

What is the difference between probation and parole?

How does a district attorney decide which criminals to go after?

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