By Mani Dabiri | Published September 4, 2019 | Posted in Federal and State Criminal Defense, Government Subpoenas and Investigations, Post-Conviction Defense and Appeals, White-Collar and Regulatory Defense | Tagged Tags: billofrights, dueprocess, fifthamendment, sixthamendment |
When the Government Goes to Trial
Every now and then, a court will speak to the core of the laws that govern our way of life. Last week, the California Court of Appeal said something profound for the 21st century. Sure, it’s been said before but maybe not in this way, updated for the modern day, spelled out in language we all understand. Read More
Read MoreThe Right to Counsel in the 21st Century
As we touched on last week, the Sixth Amendment protects not just a right to counsel but a right to the effective assistance of counsel. In the 21st century, this means at least three things. First, the government can’t take away your life or liberty without a legal defense. Second, if you can’t afford a lawyer, the Read More
Read MoreThe New Justice of the U.S. Supreme Court
Now that Neil Gorsuch has been sworn in, we’ll begin to find out how he wields the law as a member of the highest court in the land. Some say he’s a natural successor to the Justice whose seat he fills, Antonin Scalia. Here is a profile of Mr. Gorsuch that compares his views to those of Mr. Scalia Read More
Read MoreDo You Care About Justice?
Speaking of lies, there’s no shortage of them in an election year, but if you’re looking for a constructive way to sound off to the presidential candidates, here’s one. The National Association of Criminal Defense Lawyers has sent each of the four candidates—Clinton, Trump, Johnson, and Stein—a questionnaire with fifteen questions about their views on the criminal-justice system. The NACDL has created Read More
Read MoreHow to Assert Your Miranda Rights
Here’s a guide to your Miranda rights on the occasion of their 50th anniversary. It’s a rough composite of the current state of the law, but you should always consult a lawyer about your specific situation before consenting to an interview with law enforcement. The first thing to understand is that the police don’t have to give you Miranda warnings Read More
Read MoreThe 50th Anniversary of Miranda
“The quality of a nation’s civilization can be largely measured by the methods it uses in the enforcement of its criminal law.” This month marks the fiftieth anniversary of the U.S. Supreme Court’s seminal decision in Miranda v. Arizona. To commemorate the occasion, here’s a great write-up on why the case matters so much and how we Read More
Read MoreSCOTUS Stands Up for the Sixth Amendment
We’ve asked this question before. What if the government charged you with a crime, and you wanted to defend yourself but couldn’t—not because you didn’t have any money, but because the government had blocked all access to it? Twenty-five years ago, the U.S. Supreme Court said the government can freeze your money before trial if there’s probable Read More
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