Criminal Law

For all the calls to do the untenable, fight Hamas without disproportionately (whatever that means) harming Gazans in the process, no one has yet come up with an actual way to accomplish this. It […]

In 2020, as rioters were setting fire to parts of Washington, DC, Mayor Muriel Bowser celebrated the group that organized the riots by painting a two block section of 16th Street NW, right outside […]

It’s bad enough that McWhorter has a point when it comes to the way language develops going forward. It’s a principle in linguistics that things that settle in for good tend to start with young […]

Two recently released Gallup polls here and here found that 63% of Americans consider crime to be extremely or very serious.   77% of respondents believe that crime has increased in the U.S. while […]

After eleven years of ups and downs in his legal travails for fatally shooting his girlfriend Reeva Steenkamp, former Paralympian champion Oscar Pistorius will be released on parole on January 5, […]

One of the central differences between delinquency matters and criminal matters is that juvenile records are not subject to public inspection. This includes juvenile court records (G.S. 7B-3000(b)); […]

As the four-day Israel-Hamas ceasefire enters its fifth day, the question remains: What happens when the hostage release comes to an end? The tenuous truce between Israel and Hamas appeared to hold […]

The socialist/progressive narrative that America’s criminal justice system is systemically racist is endlessly parroted in the mainstream media, although it has been repeatedly proven false.  To […]

Consider a fact pattern that takes place every day, all across the country: a police officer stops a motorist for a traffic infraction, runs the motorist’s license through a computer database and […]

If anyone other than the government had sat on its dirty hands for 61 years, they would be laughed out of court. But when it’s the government, there’s no court and medical doctor Siavash Sobhani […]

They weren’t college students in Portland or elite liberal arts students in Massachusetts. They were students at Hillcrest High School in Jamaica, Queens. And they wanted to be part of the action, […]

A few years back, my old pal Bennett announced on the twitters that it was going to be the year of attention. This struck a chord with me, as I consider my time and attention to be precious. I may […]

24 Hamas hostages were released today. They include 13 Israelis, 10 Thais and one Filipino. The Israeli hostages were all seized at the Nir Oz kibbutz on October 7. They are : Margalit Moses, […]

Deputy Ernesto Miranda saw a lot in his law enforcement career. From his time as a DEA agent to his current post at the Mud Lick Sheriff’s Department, the veteran cop thought he’d come across […]

Even though it can be read as a bit too self-promotional, Yvon Chouinard isn’t wrong. As we enter the season of buying, we can choose to buy the newest, shiniest cool thing which will last until […]

4:00 am MT (6 am ET): I’ve been glued to the news all evening about the Qatari-brokered deal between Israel and Hamas for a four day pause in fighting during which 50 women and child hostages seized […]

While there is much happening in the world that causes so many to feel that there is nothing to be thankful for, I refuse to let misery be my guide. Every day brings a new opportunity for things to […]

In September 2023, the Texas legislature passed a child grooming law in an effort to protect minors from sexual abuse and exploitation before it happens. This law is aimed at preventing adults from […]

For some criminal prosecutions, the government will go to great lengths to influence a jury to convict a defendant. Prosecutors will often retain and call expert witnesses to testify in support of a […]

My colleague Jeff Welty recently wrote about S.L. 2023-123 and changes to our death by drug distribution laws. He mentioned changes to the mandatory drug trafficking fines for certain drugs there, […]

The pressure on Israel, on Netanyahu, to bring home the hostages is unbearable, as well it should be. If your loved one was taken hostage by a raping, murderous terrorist organization and held for […]

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during October 2023. Cases of potential interest to state practitioners are summarized […]

The Philadelphia Inquirer has this op-ed by Temple University Professor Jerry Ratcliffe and grad student Marc Huffer. Their recently published study adds to the evidence that gun buyback programs are […]

Over the past 18 months Los Angeles police have arrested Dashwan Dow five times for robbery.  On each occasion progressive LA District Attorney George Gascon has refused to hold him, leaving Dow […]

Rosalynn Carter has died at age 96, two days after she entered home hospice. She and former President Jimmy Carter were married for 77 years. Here is the statement he issued today. Our […]

The WSJ has this editorial on the DA’s race is Loudoun County, Virginia. Loudoun is an “exurb” county, one county removed from the collar of Virginia and Maryland counties that border the […]

The Supreme Court announced on Monday its adoption of a Code of Conduct setting out the ethics rules and principles that guide the justices. In a statement accompanying the rules, the Court stated […]

“In general, do you think the criminal justice system in this country is too tough, not tough enough or about right in its handling of crime?” Gallup has asked this question six times since 1992. […]

The common denominator among city, state and federal governments controlled by democrats is the belief that the criminal justice system is systemically racist.  To prove this, politicians and […]

The bustling city of Denver, Colorado, known for its stunning landscapes and vibrant culture, is unfortunately not immune to the challenges posed by theft crimes. Understanding the sentencing […]

Joanna Julius was riding as a passenger in her parents’ car in McDowell County when the person driving the car crashed it into a ditch filled with water. The driver fled the scene. Law enforcement […]

Until very recently, it was relatively easy to abandon your true identity and become someone else. Moreover, even “stealing” someone else’s identity rarely resulted in harm to the victim of the […]

Liam Bissainthe has this post at Liberty Unyielding, reporting that carjacking in DC is up 600% over 2019. The post cites this report from WTOP on October 3, reporting that as of that date there had […]

In a recent criminal case before a district court in Texas, the defendant asked the court to find that the trial judge had been biased against him when deciding to sentence him to 50 years in prison. […]

More than 100 friends, family, and community members gathered for a ceremonial ribbon cutting on Tuesday at Varghese Summersett, marking the firm’s relocation to a larger, gorgeous new space. Last […]

Our cell phones and laptops normally are subject to a reasonable expectation of privacy, meaning that police cannot search them without a search warrant or an applicable exception to the warrant […]

Is fentanyl an opiate?  That’s the question the prosecutor asked a witness in State v Gibbs.  The trial court overruled the defendant’s objection, and the witness was permitted to testify that […]

If you were recently charged with a sex offense in Nebraska, you are undoubtedly worried about the outcome of your case. Because you have been charged with a sex offense, however, there is a […]

The former Chief Public Defender of Allegheny County, PA lost his bid to be elected District Attorney last week when he was defeated by longtime incumbent Stephen Zappala Jr. Steve Bohnel of the […]

I recently finished a new Administration of Justice Bulletin on Pretrial Release in Criminal Domestic Violence Cases. It is available here as a free download. Through a series of questions and […]

The Florida Legislature has granted immunity from prosecution to any person who acted in lawful self defense.   Fla. Stat. §776.032 provides that any person who acts with justifiable use of force […]

The world of cryptocurrency has rapidly evolved, offering new opportunities and challenges for individuals and businesses alike. However, as the cryptocurrency market continues to grow, so do the […]

Police in Boone may have narrowly averted a mass shooting this week. According to WRAL, Peter Gabaree was asked to leave a popular bar in the college town. He went to his vehicle in the parking lot, […]

Donald Trump has finished his testimony. Ivanka is next, and last. I suspect Ivanka either will claim a lack of knowledge or inability to recall to questions as to property values. Shorter […]

We get the Government we elect. Please don’t forget to vote.

In a recent case before a Texas court, the defendant appealed a jury’s unanimous decision that he was the shooter responsible for a 2020 drive-by shooting. According to the defendant, the evidence […]

If you’ve been arrested and held in custody for a Nebraska crime, you must typically appear for an initial hearing in county court. At this court hearing, a judge makes specific key findings about […]

In this digital age, our lives are increasingly intertwined with social media and online platforms. While this has brought many benefits, it has also given rise to new challenges, including the issue […]

Happy Halloween to all of you who just love, love, love this holiday. If you costumed up as a real person or character, please let us know who you chose. For any of you who went trick or treating, […]

Driving under the influence (DUI) is a criminal offense that one should never take lightly. Collin County is known for its zero-tolerance approach to DUI, which means that even a single drink can […]