- News Roundupby Phil Dixon on July 26, 2024 at 11:48 am
The lead criminal law story this week relates to the Illinois deputy charged in connection with the fatal shooting of Sonya Massey in her Springfield, Illinois home on July 6. After the 36-year-old […]
- Welcome, Belal Elrahal!by Shea Denning on July 25, 2024 at 2:23 pm
I am pleased to announce that Belal Elrahal joined our faculty earlier this month. Belal is working in the field of criminal law and procedure and will specialize in impaired driving and motor […]
- Case Summaries: Fourth Circuit Court of Appeals (June 2024)by Phil Dixon on July 24, 2024 at 1:26 pm
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during June 2024. Cases of potential interest to state practitioners are summarized […]
- Change to the Law of Juvenile Jurisdiction and Juvenile Transfer to Superior Courtby Jacquelyn Greene on July 23, 2024 at 5:52 pm
Session Law 2024-17 enacts changes to the law regarding the scope of original juvenile jurisdiction beginning with offenses committed on or after December 1, 2024. Law changes regarding the existing […]
- Texas Court Holds Witness is Permitted to Testify Remotely in Child Sexual Assault Caseby Robert Guest on July 22, 2024 at 6:51 pm
In the American legal system, one of the fundamental rights guaranteed to anyone accused of a crime is the right to confront the witnesses against them. This right is enshrined in the Confrontation […]
- Confidential Informants, Motions to Reveal Identity, and Discovery: Part IV, How Federal and State…by Daniel Spiegel on July 22, 2024 at 1:36 pm
Special thanks to Sheridan King, Summer Law Fellow at UNC SOG, for her significant contributions to the research and development of this post. The previous post of this multi-part series on […]
- News Roundupby Shea Denning on July 19, 2024 at 10:00 am
The biggest news story of the week is a gunman’s attempt to assassinate former president and current presidential candidate Donald Trump during a campaign rally in Butler, Pennsylvania on Saturday. […]
- Case Summaries: N.C. Court of Appeals (July 16, 2024)by Alex Phipps on July 18, 2024 at 1:43 pm
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 16, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free […]
- How ‘Imperfect’ Self-Defense Applies to Criminal Cases in Marylandby Anthony A. Fatemi, LLC on July 17, 2024 at 10:06 pm
Most people are aware of the legal defense of “self-defense.” Most people do not know, however, that the law recognizes more than one type of self-defense. Depending on the facts of a case, the […]
- Beat Your Denver DUI Charges with Effective Defense Strategiesby Jacob E. Martinez on July 17, 2024 at 9:03 pm
Driving Under the Influence (DUI) is taken very seriously by the state here in Denver. Conviction carries severe penalties that can have a substantial negative impact on your life, including heavy […]
- Vehicular Homicide and Assault Charges in Denver: Your Guideby Jacob E. Martinez on July 17, 2024 at 8:13 pm
Even though most of us use them every single day, motor vehicles are one of the most dangerous creations that humanity has ever designed. We take thousands of pounds of machinery and send it hurtling […]
- New Dashboard Shows Impact of Record Clearance Policies in North Carolinaby Jessica Smith on July 17, 2024 at 1:12 pm
At the Criminal Justice Innovation Lab, we’re focused on an evidence-based approach to criminal justice issues. We deal with a lot of data and try to make that information relevant and accessible […]
- Supreme Court: Bump Stocks Are Legalby Jeff Welty on July 16, 2024 at 1:06 pm
The Supreme Court’s big Second Amendment case this term was United States v. Rahimi, 602 U.S. __ (2024), which I wrote about here. But readers interested in firearms law should know that the Court […]
- U.S. Supreme Court Curtails Substitute Analyst Testimonyby Phil Dixon on July 15, 2024 at 4:57 pm
The U.S. Supreme Court recently decided Smith v. Arizona, 602 U.S. ___; 2024 WL 3074423 (June 21, 2024) (Kagan, J.). The case settled a lingering question in Sixth Amendment Confrontation Clause […]
- How Deferred Adjudication Agreements for Felony Offenses Can Affect Sentencing Enhancementsby Robert Guest on July 14, 2024 at 6:50 pm
In Texas, many criminal prosecutions are resolved through deferred adjudication agreements. These agreements can be highly beneficial for defendants as they place a formal judgment on hold, allowing […]
- What if Criminal Action is Necessary to Protect Against a Greater Harm?by Robert Guest on June 30, 2024 at 12:10 pm
One of the most common general philosophical discussions concerning law and crime in Texas involves what is known as the “necessity defense.” The necessity defense allows for certain criminal […]
- How a New Federal Initiative Could Substantially Benefit ‘DREAMers’ Seeking Visasby Anthony A. Fatemi, LLC on June 28, 2024 at 9:59 pm
Earlier this month, the Biden Administration and the U.S. Department of Homeland Security announced two new initiatives related to immigrants. One is tailored toward expediting the work visa process […]
- Steps To Take Following A Motorcycle Accidentby Matador Admin on June 22, 2024 at 6:52 pm
Motorcycles offer an exhilarating sense of freedom on the open road, but they also come with increased risks. If you find yourself in the unfortunate situation of a motorcycle accident, the steps you […]
- WHEN IS A LAW ENFORCEMENT DETENTION UNLAWFUL?by William Weinberg on June 20, 2024 at 7:14 pm
A law enforcement officer can perform a temporary investigative detention of an individual only when the officer can articulate specific facts, which considered in light of the circumstances, […]
- Excluding Unqualified Experts and Inadmissible Expert Testimony in Your Maryland Criminal Trialby Anthony A. Fatemi, LLC on June 14, 2024 at 9:44 pm
Expert witnesses can make a huge difference in the outcome of a criminal trial. The law only allows experts to testify if their opinions are outside the general knowledge of an ordinary juror. In […]
- Applying the Due Process Clause of the Constitution to Electronic Court Hearingsby Robert Guest on June 11, 2024 at 12:08 pm
With the passing of the COVID-19 pandemic in 2020, the legal landscape in Texas has undergone significant transformations. Notably, there has been a marked increase in remote court hearings and […]
- What Are the Penalties for Refusing the Breathalyzer in Massachusetts?by Altman & Altman on June 6, 2024 at 6:17 pm
Driving under the influence (DUI) in Massachusetts carries severe penalties for those convicted. One of the key aspects of DUI enforcement is the administration of breathalyzer tests, which measure a […]
- CONSENT SEARCH UNDER A PROMISE OF LENIENCYby William Weinberg on June 3, 2024 at 11:49 pm
The Fourth Amendment provides that law enforcement cannot conduct a search of property or person without a valid warrant. Any warrantless search is unlawful and should law enforcement arrest you […]
- Navigating Drug Charges on Denver Campusesby Jacob E. Martinez on June 3, 2024 at 4:25 pm
As drug-related offenses continue to be a concern on college campuses, students facing drug charges in Denver may find themselves navigating a complex legal and educational landscape. In this blog […]
- Officers Didn’t Read Me My Miranda Rights!by Lasnetski Gihon Law on May 31, 2024 at 6:57 pm
Everybody has heard of Miranda rights, but few actually understand what they are and what they do. You may be surprised to learn that police officers do not always have to read you your Miranda […]
- Texas High Court Affirms Enhanced Punishment for Theft Crime Based on 20-Year-Old Federal Convictionby Robert Guest on May 31, 2024 at 6:38 pm
Criminal defendants in Texas with prior criminal convictions can be disadvantaged at nearly all stages of the Texas prosecution. Law enforcement officers who notice that an individual has a lengthy […]
- Key Steps In Pursuing A Wrongful Death Lawsuitby Matador Admin on May 28, 2024 at 7:18 am
When a loved one is tragically lost due to the actions or negligence of another, the emotional and financial toll can be overwhelming. Pursuing legal action in such instances can be a way for […]
- Defending Against Allegations of Political Corruption in Coloradoby Jacob E. Martinez on May 24, 2024 at 8:07 pm
Political corruption allegations can have severe consequences for individuals accused of such offenses in Colorado. Navigating the complexities of defending against these allegations requires […]
- New Stats from the USCIS Show a Steep Decline in the Number of New H-1B Registrations for FY 2025by Anthony A. Fatemi, LLC on May 24, 2024 at 7:38 pm
The paperwork and procedural requirements involved in pursuing a work visa are often intricate and detailed. Even technical errors may substantially reduce your odds of success… or derail you […]
- Online Harassment: Accused of Violating Kiana Arellano’s Law in CO?by Jacob E. Martinez on May 16, 2024 at 3:24 pm
In an increasingly digital world, the prevalence of online harassment and cyberbullying has become a growing concern. Recognizing the need to address these issues, many states, including Colorado, […]
- When Can Surprise Testimony by a State’s Witness Result in a Mistrial?by Robert Guest on May 13, 2024 at 6:35 pm
Texas prosecutors often rely on the testimony of alleged victims or eyewitnesses to obtain convictions for violent crimes. It is important to remember that witnesses are only human, and sometimes […]
- The Role of Entrapment in Colorado Solicitation Casesby Jacob E. Martinez on May 10, 2024 at 9:50 pm
Entrapment, a legal defense strategy, asserts that individuals were induced or persuaded by law enforcement to commit a crime they otherwise would not have committed. In Colorado, this defense can be […]
- How a Rapper’s Trial in Georgia May Fuel a Change in Evidentiary Standards in Maryland Criminal…by Anthony A. Fatemi, LLC on May 10, 2024 at 8:29 pm
The “rules of the game” in criminal trials are constantly evolving to one degree or another. New decisions from the Appellate Court or Supreme Court — as well as new laws from the legislature […]
- Common Offenses Tried in Colorado Municipal Courtby Jacob E. Martinez on May 10, 2024 at 5:32 pm
Colorado municipal courts handle a variety of cases, ranging from minor traffic violations to misdemeanor offenses. Understanding the common types of offenses tried in municipal court, along with […]
- Navigating Warrantless Car Searches in Texasby The Law Office of Greg Tsioros on May 1, 2024 at 2:28 am
In Texas, as in many other states, law enforcement officers have the authority to search a vehicle without a warrant under certain circumstances. Understanding the laws and guidelines surrounding […]
- HIGH SPEED CHASES NO MORE. WELCOME TO THE WORLD OF GPS TRACKING DARTS.by William Weinberg on April 30, 2024 at 6:19 pm
With the recent death of OJ Simpson, we are reminded of the police pursuit of OJ’s Bronco through Los Angeles and Orange Counties. While the OJ chase was a slow-speed chase, many police pursuits […]
- Texas Court Disagrees with Insufficient Evidence Argument in Aggravated Assault by Threat Caseby Robert Guest on April 30, 2024 at 3:44 pm
A recent criminal case before a district court in Texas highlights the importance of specific and credible testimony during trial. At issue in this appeal was the defendant’s conviction for […]
- Understanding the Different Types of Restraining Orders in Coloradoby Jacob E. Martinez on April 26, 2024 at 3:31 pm
Restraining orders play a crucial role in protecting individuals from harm and ensuring their safety in Colorado. These legal orders can provide necessary safeguards in situations involving domestic […]
- New Florida Racing on the Highways Laws in Effect July 1, 2024by Lasnetski Gihon Law on April 24, 2024 at 1:23 pm
Starting July 1, 2024, the laws relating to Racing on Highways in Florida are changing. The Florida legislature has increased the penalties and created new provisions that will affect anyone […]
- A New U.S. Supreme Court Contains Good News for Immigrants Seeking to Avoid Deportation Through the…by Anthony A. Fatemi, LLC on April 23, 2024 at 10:21 pm
Many of the undocumented immigrants who find themselves facing deportation may choose to avail themselves of the process known as “cancelation of removal.” A new ruling from the U.S. Supreme […]
- STOLEN MERCHANDISE BEING SOLD ON THE INTERNET – INCLUDING ON AMAZONby William Weinberg on April 23, 2024 at 6:16 pm
Many of us do our retail shopping online. Often a Google search helps us to identify the best price for the product we are shopping for. How many times have you searched for a product and found the […]
- Navigating Colorado’s Animal Cruelty Lawsby Jacob E. Martinez on April 18, 2024 at 2:09 am
Animal cruelty is a serious offense that can have profound consequences for both the animals involved and the individuals responsible for their care. In Colorado, laws related to animal cruelty are […]
- Texas Court Reverses Criminal Conviction over Ambiguously Worded Statuteby Robert Guest on April 17, 2024 at 4:44 pm
Prosecutors in Texas have the incentive to pursue the most serious charges and convictions that they can justify, as their reputations may depend on the number of serious crimes that they have […]
- Texas Court of Criminal Appeals Attempts to Clarify Forgery Statuteby Robert Guest on April 17, 2024 at 4:43 pm
White-collar crimes, often involving financial deception or fraud, present a unique set of challenges for lawmakers and criminal attorneys alike. The evolving economy in the digital age necessitates […]
- THE LATEST U.S. CRIME RATE DATAby William Weinberg on April 16, 2024 at 6:14 pm
Every year the FBI publishes an extensive analysis of crime data in the U.S. The crime data for 2022 was recently published and shows a mixed picture. While violent crimes and homicides decreased […]
- The Role Of A Criminal Defense Lawyerby Matador Admin on April 16, 2024 at 6:06 pm
In a society governed by laws and regulations, the role of a criminal defense lawyer is paramount in upholding the principles of justice and ensuring fair treatment for individuals accused of […]
- No ‘Experts in Credibility’: What Maryland Law Says About Witnesses Opining About Whether…by Anthony A. Fatemi, LLC on April 9, 2024 at 10:08 pm
In many criminal matters that make it to trial, the difference between an acquittal and a conviction is which side’s witnesses the jury finds more believable. To ensure you have the benefit of a […]
- Colorado’s Stance on Cyberbullying: Legal Defensesby Jacob E. Martinez on April 5, 2024 at 7:02 pm
Cyberbullying has become a growing concern in the digital age, particularly among adolescents and young adults. In Colorado, lawmakers have recognized the harmful effects of cyberbullying and have […]
- What happens if I miss my criminal court date in Massachusetts?by Altman & Altman on April 5, 2024 at 3:56 pm
The short answer is that likely a warrant has been issued for your arrest. That may, however, sound scarier than it is. Usually, your mistake is correctable if handled correctly and thoroughly. […]
- Federal Safety Valve: The Supreme Court Dramatically Reduces Eligibility For Sentences Below the…by Lasnetski Gihon Law on April 3, 2024 at 8:11 pm
In federal criminal courts, when a person is convicted of a drug offense with a minimum mandatory sentence provision, there are only two ways that allow a federal judge to go below that statutory […]