About a year ago, I received a call from a 24-year-old female who immediately said to me, “My friend said you are the only one who can help me.” We will call her Rochelle. She sounded very distressed and she met me the next day in my office. I asked her to tell me the story. The tears didn’t take
What happens when the probationer will be supervised in another state? Few lawyers (and not all judges) realize that when one’s client lives in another state, the client may not leave Tennessee until the other state has “accepted” (which is a term of art) the client for probation supervision in the other state. Do you mean my California client must
“In Ohio, the governor can request extradition of any fugitive arrested in a different state.” What is “extradition?” Extradition is the process by which an individual who is being held in one state is surrendered to another state (demanding state) in connection with separate criminal proceedings. If the individual is taken into custody in a separate state, the demanding state
Federal drug conspiracy charges can be daunting for defense attorneys and their clients. These cases are often the product of covert investigations spanning years. The quantity of narcotics and the conduct of the conspirators will dictate the potential penalties that can – and will – be imposed. The Mandatory Minimum Sentence Unlike a typical criminal prosecution, the defendant’s conduct and/or
It is generally understood that a person acting in “self-defense” is not criminally liable for injuring – or even killing – their assailant. Unfortunately, the legal requirements for establishing “self-defense” and the specific instructions to be given to the jury are not always clear. This is particularly true in instances where the assailant and the party claiming “self-defense” have an
June 13, 2016 will commemorate the 50th anniversary of the Supreme Court’s decision in Miranda v. Arizona. At its inception, the holding created a new protection for defendants in the criminal justice system. Today, the case is still relevant as it continues to guard the rights of the accused. In 2000, the court acknowledged that the holding “has become embedded
By now, everyone has heard about the arrests following the fighting and shootout at a Waco, Texas restaurant. Before any cases get filed, any plea agreements are reached, or any trials set, there was a critical stage in the due process of each defendant that has attracted a great deal of controversy and outcry in the legal community. When a
I’ve had the same conversation with a few fellow lawyers who serve clients in the corporate law world, “So my client got a call from a federal agent wanting to talk to them. … They said the agent sounded really nice. …” It’s right after they tell me how nice the FBI agent sounded that I tell them to have
There is an abundance of misinformation circulating regarding the criminal justice system, and this often materializes through discussions between citizens accused and their friends, family members, acquaintances and anyone they may have encountered in jail after their arrest. Misdemeanor assault family violence cases can be the nexus for bad advice and severe permanent consequences, so it is important to educate
Simply stated, sexual exploitation of a minor – commonly referred to as child pornography – is one of the most substantial felonies one can commit in Arizona. As set forth in ARS 13-3553, mere possession of any visual depiction of a minor engaged in any exploitive exhibition or other sexual conduct is a class two felony. And, if the image
About a year ago, I received a call from a 24-year-old female who immediately said to me, “My friend said you are the only one who can help me.” We will call her Rochelle. She sounded very distressed and she met me the next day in my office. I asked her to tell me the story. The tears didn’t take
What happens when the probationer will be supervised in another state? Few lawyers (and not all judges) realize that when one’s client lives in another state, the client may not leave Tennessee until the other state has “accepted” (which is a term of art) the client for probation supervision in the other state. Do you mean my California client must
“In Ohio, the governor can request extradition of any fugitive arrested in a different state.” What is “extradition?” Extradition is the process by which an individual who is being held in one state is surrendered to another state (demanding state) in connection with separate criminal proceedings. If the individual is taken into custody in a separate state, the demanding state
Federal drug conspiracy charges can be daunting for defense attorneys and their clients. These cases are often the product of covert investigations spanning years. The quantity of narcotics and the conduct of the conspirators will dictate the potential penalties that can – and will – be imposed. The Mandatory Minimum Sentence Unlike a typical criminal prosecution, the defendant’s conduct and/or
It is generally understood that a person acting in “self-defense” is not criminally liable for injuring – or even killing – their assailant. Unfortunately, the legal requirements for establishing “self-defense” and the specific instructions to be given to the jury are not always clear. This is particularly true in instances where the assailant and the party claiming “self-defense” have an
June 13, 2016 will commemorate the 50th anniversary of the Supreme Court’s decision in Miranda v. Arizona. At its inception, the holding created a new protection for defendants in the criminal justice system. Today, the case is still relevant as it continues to guard the rights of the accused. In 2000, the court acknowledged that the holding “has become embedded
By now, everyone has heard about the arrests following the fighting and shootout at a Waco, Texas restaurant. Before any cases get filed, any plea agreements are reached, or any trials set, there was a critical stage in the due process of each defendant that has attracted a great deal of controversy and outcry in the legal community. When a
I’ve had the same conversation with a few fellow lawyers who serve clients in the corporate law world, “So my client got a call from a federal agent wanting to talk to them. … They said the agent sounded really nice. …” It’s right after they tell me how nice the FBI agent sounded that I tell them to have
There is an abundance of misinformation circulating regarding the criminal justice system, and this often materializes through discussions between citizens accused and their friends, family members, acquaintances and anyone they may have encountered in jail after their arrest. Misdemeanor assault family violence cases can be the nexus for bad advice and severe permanent consequences, so it is important to educate
Simply stated, sexual exploitation of a minor – commonly referred to as child pornography – is one of the most substantial felonies one can commit in Arizona. As set forth in ARS 13-3553, mere possession of any visual depiction of a minor engaged in any exploitive exhibition or other sexual conduct is a class two felony. And, if the image
