Criminal defendants might represent themselves in a few situations. There are many reasons why some criminal defendants may wish to represent themselves in a criminal trial. Although it is usually wise to get a defense lawyer, sometimes it’s not necessary. The key to deciding if you need a lawyer is to look at the punishment… Read More
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FAQ Sentencing
1) Who determines what punishment a convicted defendant receives? Judges, not juries, almost always determine the punishment, even following jury trials. In fact, a common jury instruction warns jurors not to consider the question of punishment when deciding a defendant’s guilt or innocence. In a very few situations, juries do take part in sentencing… Read More
FAQ Search and Seizure
1)When is a police investigation considered a search? A police investigation constitutes a search if it intrudes on a person’s “legitimate expectation of privacy.” Courts ask two questions to determine whether a person had a legitimate expectation of privacy in the place or things searched: Did the person expect some degree of privacy? Is the… Read More
Common Defenses in DUI Cases
DUI and DWI Defenses Learn about the most common ways to fight a DUI or DWI charge. Bookmark and Share The penalties for DUI (driving under the influence) and DWI (driving while intoxicated) offenses can be very serious. If you’ve been arrested for DUI or DWI and want to fight the charge, you should understand… Read More
Criminal Procedure FAQ
1) What’s the difference between a felony and a misdemeanor? Most states break their crimes into two major groups: felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If… Read More
Kolon Executives charged with crimes after civil jury trial
After a civil trial last year awarded DuPont $920 million dollars in damages, the Federal government used those same set of facts to charge Kolon with criminal acts. Although the standard of proof is different in criminal court, Proof beyond a reasonable doubt compared to the standard in civil court, Preponderance of the evidence… Read More
New Federal Case on Sentencing in Child Porn Cases
Section2G2.2(b)(3)(F) of the Federal Sentencing Guildlines enhancement for distribution of child pornography did not require showing of intent to distribute; the enhancement was warranted based on use of peer-to-peer file-sharing program The defendant used eMule and the eDonkey peer-to-peer file sharing network to download and share images of child pornography. When a user initiates a… Read More
Understanding Medicare Fraud
With so many people being accused of Medicare fraud these days, and especially given the turn of events that unfolded this past week with the nationwide crackdown on over four hundred million dollars in false claims, it is important for people to understand what Medicare really is, what it stands for, how it came to… Read More
The Basics of California Criminal Bail
The last place you (or a friend or family member) thought you (or they) would end up in is jail. But if it ever happens, we have laid out the exact steps you will need to take to get out of jail. Understanding the process can help take the sting out of the otherwise embarrassing… Read More
How to Hire a Superstar Criminal Lawyer
When you are facing criminal charges, you may think that any lawyer can help you. However, experienced legal professionals know that the criminal lawyer you choose can determine whether you will be acquitted, have your case dismissed, or even go to prison. When your freedom is hanging in the balance, you need a competent and… Read More