Criminal Law

What circumstances constitute custodial interrogation in a school setting? Who counts as a guardian or custodian for the purpose of a custodial interrogation of a juvenile? Under what circumstances […]

There would inevitably be clashes of newly imagined “rights” which took for granted that the newer, woker ones weren’t zero-sum games even though there was no possibility it could be anything […]

Scientific American has this report by Dana Smith on execution via nitrogen hypoxia. Dudley Sharp has this critique of the article. As Mr. Sharp notes, all of the people interviewed by Ms. Smith for […]

There’s a slogan, ACAB, which came out of the reality, largely revealed by pervasiveness of video over the past decade, that there are a lot, far too many, police officers who engage in acts of […]

What is federal obstruction of justice? In its most basic definition, obstruction of justice occurs when someone prevents a part of the legal system from proceeding by interfering with government […]

As the progressive prosecutor movement grows in popularity, we see more and more policy changes that reduce penalties for certain crimes. One of the common themes is de-prosecution, or the […]

State laws interfering with federal government operations within the state present a constitutional problem that goes back to the early days of the republic. In the early nineteenth century, the Bank […]

How does a case proceed when a juvenile is charged with a homicide offense? In classic lawyer fashion, the answer is that it depends. In almost all instances, the case will begin as a juvenile […]

Ed. Note: Chris Halkides has been kind enough to try to make us lawyers smarter by dumbing down science enough that we have a small chance of understanding how it’s being used to wrongfully convict […]

President Biden, in the midst of inflation, potential recession and a stock market that will make you sad, twitted what might appear to be a surprising, and silly, position. It’s time we ban assault […]

The U.S. Department of Justice has published this notice in the Federal Register, asking for comments about the use of pentobarbital in executions. This may be another step in the game of execution […]

Most of the time, people consider involving insurance companies in police action when it comes to cops covering their own losses in § 1983 cases. This arose as an unfortunate collateral error by […]

Drug possession – even marijuana (for now) – is still a very serious crime in Minnesota, with most being felony level offenses. There are two types of possession that the State can pursue when […]

The other day, someone twitted that baby lawyers shouldn’t suffer abuse at work, and if they are abused, should find a healthier place to work. This was an utterly banal expression, but for one […]

Every once in a while, a video appears that serves as a sort of litmus test of one’s perspective toward police, teens, school and the use of force. The video of School Resource Officer Tyler McRae […]

Countless numbers of people enter this country — some illegally — to escape persecution, torture, and possible death in the country they left behind. For those people, the option may exist to […]

“Big brother invasion of privacy or pro-active policing? That’s the question after a new report revealed seven North Carolina universities use or have used powerful social media-monitoring […]

It’s that special time of year again in Knoxville. The time when loyal Vols fans get their bail funds ready and select the proper bottle of mustard to sneak into Neyland Stadium. Trash talking’s […]

In most federal district courts, your case gets (figuratively) tossed into the wheel and you pull the judge who comes up. The odds can play out a bit differently in smaller districts and outlier […]

False or wrongful allegations are painful in so many ways. You can get probation or prison time, be charged significant fines, and suffer irreversible damage to your reputation.  People often make […]

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 20, 2022. This summary will be added to Smith’s Criminal Case Compendium, a free […]

That Trump lied about, inflated, grossly exaggserated the value of his holding and hence his claimed net worth surprised no one with any knowledge of who he was.* That New York Attorney General Tish […]

Being charged with a sex crime in Colorado is serious, which means you need an experienced attorney to help guide you through all the turmoil that lies ahead for you in the court system. Crimes […]

With homicides in Philadelphia on track to eclipse last year’s record-setting 562 murders according to AXIOS,  District Attorney Larry Krasner’s office is working to reduce sentences for […]

The Bureau of Justice Statistics recently released information on 2021 victimization rates derived from the National Crime Victimization Survey (NCVS). There were no statistically significant changes […]

This post summarizes criminal and related decisions published by the Fourth Circuit Court of Appeals during August 2022. Cases of interest to state practitioners are summarized monthly. Previous […]

The U.S. Attorney for the Central District of California (LA and adjoining counties) issued this press release last Wednesday: Federal prosecutors today filed criminal charges against nine defendants […]

Suppose an officer conducts a traffic stop. During the stop, the officer gets a hunch that the driver may have drugs in the car. Can the officer ask the driver for consent to search the car? Even […]

Over the last several years, the #MeToo campaign has empowered and supported women to bring to light sexual assault claims that had been previously unreported. While this is a noble and good […]

What Are Drug Diversion Programs?  In criminal law, a diversion is an alternative to criminal prosecution and incarceration, allowing first-time, low-level offenders a chance to participate in a […]

Violent crime is on the rise in the U.S., according to 2022 survey results recently published by the Major City Chiefs Association (MCCA). The MCCA is a professional organization of police executives […]

Karen Bass, a member of Congress and candidate for LA Mayor, was the victim of a home burglary recently. KTTV has this interview. Ms. Bass says “my safety was shattered” and describes returning […]

Being pulled over under the suspicion of a DUI is never fun, but the chances of that happening increase during certain times of the year in Colorado – including Labor Day. Law enforcement made a […]

If you have been arrested and charged with a cocaine-related criminal offense in the State of Nebraska you are undoubtedly concerned about the outcome of your case. If you are not already aware, the […]

“An Iowa teenage sex trafficking victim who stabbed her rapist to death was sentenced by a judge on Tuesday to five years of closely supervised probation and must pay $150,000 restitution to her […]

A few years ago, I wrote this post analyzing criminal jurisdiction on the Qualla Boundary in Western North Carolina.  I explained the jurisdictional rules for prosecuting crimes committed on the […]

It is not uncommon for a CPS investigation to occur at the same time a criminal investigation is taking place in Texas. This is especially true in cases involving allegations of child physical or […]

A new case from the Supreme Court of North Carolina gives us a chance to revisit the issue of a defendant’s confrontation rights at a probation violation hearing. In State v. Jones, 2022-NCSC-103, […]

Criminal Defense Attorney Tom Petersen Explains “What Is A Suspended Sentence?” If you were recently arrested for the first time, you are probably dealing with a wide range of heightened emotions […]

As a medical malpractice lawyer Kansas City, KS victims depend on from the Morales Law Firm knows, medical errors are the third leading cause of death in the U.S. Sadly, this means that medical […]

On August 24, 2022, a motorcyclist was hit and ejected from their seat during a two-vehicle collision on the Bay Bridge in California. The accident occurred in the morning hours at 9:45 a.m. on a […]

When an officer attaches a video camera to a utility pole and uses it to monitor a suspect’s home continuously for several months, is that a “search” within the meaning of the Fourth Amendment? […]

Criminal, statutes in Texas and nationwide have long included specific provisions to address domestic violence offenses. Early statutes were only able to protect spouses from the alleged abuse, but […]

Sometimes, law enforcement officers engage in clever maneuvers to get suspects to talk and provide information that incriminates them. There are certain ways to avoid falling into these traps. One is […]

Federal Sentencing Hearings A federal sentencing date is, undoubtedly, a day no one looks forward to. This is the day when a judge announces a defendant’s prison sentence and how long he or she […]

In the United States, the laws governing the crime of driving under the influence – also called a DUI – are typically very harsh. Colorado is no exception to this, as even first-time DUI […]

Posting a private image to harass another person is often referred to as revenge porn in Colorado – and it’s against the law. This is a crime that the state takes very seriously, as it often […]

With the recent rise in gun violence, Governor Gavin Newsom has signed into law two bills allowing individuals and state and local governments to sue gun manufacturers and sellers for negligence. The […]

With Steve Bannon arraigned in New York County Supreme Court and his “We Build the Wall” indictment unsealed, along with the joint presser with District Attorney Alvin Bragg and NYS Attorney […]

As the dedicated legal team from Morales Law Firm knows, a medical malpractice suit is more complicated than your average lawsuit when it comes down to the intricacies. Various circumstances can and […]