It is a decision that must be weighed very carefully: should you testify in your own defense? About half of all defendants decide to take the stand to proclaim their innocence. Defendants with prior felony convictions are less likely to testify, often concerned that juries will discover they have had…
If you have been arrested for a felony, you are doubtlessly feeling frightened. What is in the cards for you? Should you accommodate police requests for information to demonstrate your innocence? Should you do anything and everything to get out of custody? No, and no! If you are looking at…
The federal Witness Protection Program is operated by U.S. Marshals, with the goal of providing new identities to individuals who face the possibility of vengeance from organized crime groups like the Mafia, for example, when testifying against them. Groups like these who terrorize communities or are otherwise involved in violent…
We hear about the right to a speedy trial—a constitutional guarantee provided by the Sixth Amendment. Nevertheless, we hear about people who are behind bars awaiting trial all the time, which makes one wonder, what does the term “speedy” really mean in this context? And why are nearly 45,000 people…
If you are facing criminal charges, there may be circumstances when a change of venue is appropriate. What are those situations, what are the benefits of such a change, and what are the procedures to get a change of venue? When is a Change of Venue Request Appropriate? There is…
If you have been charged with the distribution of fentanyl, you will be facing tougher penalties in the State of California this year. The change in the law was precipitated by the increase in fatalities related to fentanyl overdoses. Fentanyl’s Use A synthetic opioid, fentanyl has proved to be fatal…
We all know that a warrant has many purposes: a search warrant entitles law enforcement to search specific persons or property; an arrest warrant identifies someone who will be going to jail. But what is a reverse warrant, and how does it impact you? The fact of the matter is…
Swatting—or placing false calls requesting emergency assistance– is illegal, according to the FBI. These harassing and deceptive emergency calls send response teams to various locations with claims that an emergency is underway. Although the prank calls send SWAT teams and others to a scene where nothing unusual is occurring, officers…
Anyone who has watched courtroom drama on TV has heard of double jeopardy—the 5th Amendment protections against being tried twice for the same crime. But there is a qualification here — separate prosecutions are permitted when state and federal governments prosecute separately for the same crime. In fact, two different…
A new fingerprint study is in—and plenty of scientists and forensic experts are taken aback: it claims to turn previous understandings about fingerprints upside down and to revolutionize fingerprint analysis in police work. How significant is this study? The Old Mode of Analysis Analysts in the fingerprint business have focused…