If one has been arrested for a crime that he or she did not commit, it only seems fair if all records of the arrest are destroyed to remove any suggestion that that person committed the offense. Do such records include fingerprints? Find out in a case where a woman accused of a crime was found factually innocent, but the police refused to destroy her fingerprint records. How did the appellate court rule on the police position? Click on the following link to fine out.
In many cases, our client may attach great meaning to a comment the judge makes or even just the color of the judge’s skin. The client then tells us that he or she believes the judge is prejudiced against him or her and wants us to request a change of the judge. In law school, this is called judge shopping and is generally scorned as something that only happens in third-world countries. If requested early in the case, upon learning of when the judge is assigned, a party indeed may request a different judge. However, this is rarely done. To read about a more common scenario with this issue, click on the following link.
In reviewing conditions of probation for a juvenile, one most often evaluate the quantity of community service, the types of classes or doctor’s visits a juvenile must make and whether the juvenile has certain travel limitations and / or a curfew. The conditions are usually meant to enhance rehabilitation of the juvenile and not punish the juvenile. Can a judge order a juvenile to wear a GPS tracking device at all times? What if it is as an alternative to custody? Click on the following link to find out facts that might allow such a condition.
It is often a shock to our clients when we tell them that police advocate lying to suspects if such false statements will elicit a confession from the suspect. We see this most often in police lying that “we have a video of you doing it” or “we have a witness who identified you as the robber.” Does such a lie, followed by an admission, mean the admission is improperly obtained and the judge must dismiss the case? To read the answer, click on the following link.
If you or a loved one faces a second DUI within ten years of the first one, there is often a vague feeling of, “I know punishment is going to be more than in the first.” However, just how much more? Will jail time be required? What about the length of the alcohol awareness classes? Is a second time DUI a felony? For answers to these questions, click on the following link.
Field sobriety tests, also called “roadside gymnastic tests,” are about much more than a person’s ability to walk a straight line. They are, for the most part, chosen and agreed upon by police departments for their ability to approximate one’s level of intoxication, whether by alcohol or drugs, and thus the ability of someone to safely operate a vehicle. They test far more than physical abilities such as balance and coordination. Like what and why? Click on the following like to read more.
In many cases involving domestic violence and fights in bars, or in the parking lot outside a bar, self defense is an issue. When is self defense a valid defense? Does one have to sustain a punch, hit, kick or push first for it to apply? What is the reasonable amount of self defense before it exceeds what is necessary? Click on the following link to find out.
As most DUI attorneys are aware, the U.S. Supreme Court has ruled recently that a warrant is now required to draw blood from an individual if getting a search warrant can be done without too much trouble. What if an officer is not aware of this recent change in the law and just orders a nurse to draw blood from a suspect, although it would have been easy to secure a warrant? Does a court have to suppress the evidence, as it was obtained illegally? Click on the following link to find out.
The answer to the question posed by the title is generally, no. The precise answer will depend upon the facts of the case, the charges, the defense and the relevance of one’s sexual orientation. In a sex offense case, one’s sexual orientation can be relevant, but often is not. In contrast, in a DUI case, one’s sexual orientation most likely is irrelevant. To read about one case where a witness’ sexual orientation was arguably relevant toward motive, click on the following link.
In most shoplifting cases at large retail stores (i.e. Macy’s, Walmart, JCPenney, Kohl’s, Home Depot, Albertson’s, Home Goods, Sears, Nordstroms, etc.), loss prevention will conduct an investigation of the suspect and then send the suspect a letter threatening a lawsuit unless payment is made for up to $500. Does this mean that if one pays this demand, the criminal case will be dismissed? Is the demand even related to the criminal case, or is it related to a separate civil case? What should one do in response? Click on the following link to find answers to these common questions.