For the past four years, the Alabama pattern jury instructions committee (criminal), an official committee of the Alabama Bar, has been working on revising the criminal pattern jury instructions, last issued in book form in 1994 by the Alabama Bar Institute. Since the work of the committee is still in progress, Alabama lawyers may still need to refer to the
Our firm routinely receives inquiries concerning the legal avenues that can be pursued to reduce or eliminate a defendant’s term of incarceration. Because parole is no longer a viable option in Ohio, individuals must seek reprieve by filing a motion for “judicial release.” Whether a defendant is eligible to apply for – or otherwise quali- fied to receive – such
In Sumner County recently, a high-profile trial ended in a mistrial leading court watchers to ask the question: What happened and what happens now? Timothy Batts was charged with reckless homicide and several other offenses that resulted from the shooting death of his 11-year-old daughter, Timea. After deliberating for two days, the jury announced that they could not reach a
The United States Sentencing Guidelines (U.S.S.G.) provide significantly enhanced penalties for individuals who are deemed “career offenders.” These defendants typically receive increased offense levels and criminal history categories, which ultimately result in expansive penalty ranges that can– or in some cases must – be imposed. Although the career offender requirements may appear relatively straight-forward, subtle nuances within the language and
Imagine being summoned into your employer’s office and informed that you’re the subject of an investigation into a criminal offense. This scenario would be extremely stressful, especially where there are legitimate concerns regarding the allegations and the potential consequences. Now, imagine that the person questioning you is a government official who provides you with the following options: Cooperate with the
As a criminal defense lawyer who also does some civil work, I’m often struck by the differences between civil and criminal law when it comes to pre-trial testimony. In civil cases, it would be almost unheard of to have a witness testify at trial who had not been deposed prior to trial. Often, litigators will know the witness’s answers for
In 1979, Hollywood introduced us to a dramatic courtroom exchange between a judge and a criminal defense attorney, whereby the two courtroom participants are convinced that the other is “out of order.” “And Justice For All,” in its final scene, has defense attorney Arthur Kirkland, played by Al Pacino, and Judge Francis Rayford, played by the late Jack Warden, pointing
Recently it seems like not a day passes by, without a report of some form of government corruption in the news. In just the last few weeks, two high ranking Kern County police officers were convicted of smuggling drugs with the mafia; the attorney general of Pennsylvania was sentenced to five years in prison for perjury and obstruction; and our
As of Dec. 1, 2016, via the power of a single search warrant, the FBI can legally hack into an unlimited quantity of computers well-beyond the judicial district where said warrant is issued. Th is new expansion of power is a function of the recently amended Rule 41 of the Federal Rules of Criminal Procedure. Rule 41 is a set
A recent decision from the Ninth Circuit Court of Appeals has created turmoil for federal prosecutions involving the Computer Fraud and Abuse Act (CFAA). This decision raises more questions than it answers in an already nebulous area of law. What is the CFAA? The CFAA, which is set forth in 18 U.S.C. § 1030, imposes criminal liability on individuals who
For the past four years, the Alabama pattern jury instructions committee (criminal), an official committee of the Alabama Bar, has been working on revising the criminal pattern jury instructions, last issued in book form in 1994 by the Alabama Bar Institute. Since the work of the committee is still in progress, Alabama lawyers may still need to refer to the
Our firm routinely receives inquiries concerning the legal avenues that can be pursued to reduce or eliminate a defendant’s term of incarceration. Because parole is no longer a viable option in Ohio, individuals must seek reprieve by filing a motion for “judicial release.” Whether a defendant is eligible to apply for – or otherwise quali- fied to receive – such
In Sumner County recently, a high-profile trial ended in a mistrial leading court watchers to ask the question: What happened and what happens now? Timothy Batts was charged with reckless homicide and several other offenses that resulted from the shooting death of his 11-year-old daughter, Timea. After deliberating for two days, the jury announced that they could not reach a
The United States Sentencing Guidelines (U.S.S.G.) provide significantly enhanced penalties for individuals who are deemed “career offenders.” These defendants typically receive increased offense levels and criminal history categories, which ultimately result in expansive penalty ranges that can– or in some cases must – be imposed. Although the career offender requirements may appear relatively straight-forward, subtle nuances within the language and
Imagine being summoned into your employer’s office and informed that you’re the subject of an investigation into a criminal offense. This scenario would be extremely stressful, especially where there are legitimate concerns regarding the allegations and the potential consequences. Now, imagine that the person questioning you is a government official who provides you with the following options: Cooperate with the
As a criminal defense lawyer who also does some civil work, I’m often struck by the differences between civil and criminal law when it comes to pre-trial testimony. In civil cases, it would be almost unheard of to have a witness testify at trial who had not been deposed prior to trial. Often, litigators will know the witness’s answers for
In 1979, Hollywood introduced us to a dramatic courtroom exchange between a judge and a criminal defense attorney, whereby the two courtroom participants are convinced that the other is “out of order.” “And Justice For All,” in its final scene, has defense attorney Arthur Kirkland, played by Al Pacino, and Judge Francis Rayford, played by the late Jack Warden, pointing
Recently it seems like not a day passes by, without a report of some form of government corruption in the news. In just the last few weeks, two high ranking Kern County police officers were convicted of smuggling drugs with the mafia; the attorney general of Pennsylvania was sentenced to five years in prison for perjury and obstruction; and our
As of Dec. 1, 2016, via the power of a single search warrant, the FBI can legally hack into an unlimited quantity of computers well-beyond the judicial district where said warrant is issued. Th is new expansion of power is a function of the recently amended Rule 41 of the Federal Rules of Criminal Procedure. Rule 41 is a set
A recent decision from the Ninth Circuit Court of Appeals has created turmoil for federal prosecutions involving the Computer Fraud and Abuse Act (CFAA). This decision raises more questions than it answers in an already nebulous area of law. What is the CFAA? The CFAA, which is set forth in 18 U.S.C. § 1030, imposes criminal liability on individuals who
