Overcharging trends

Troubling Trends in Overcharging for Criminal Offenses

The United States criminal justice system is supposed to have myriad safeguards protecting criminal defendants. The safeguards in the U.S. Constitution, including guarantees of due process, have been broadly applied. Defendants are not only entitled to a fair trial, but are also protected from ex post facto laws, which are laws that are passed to more »

  READ MORE

Durst

The Admissibility of Statements Involving Criminal Defendants

If you are under investigation by the police, it is important to remember the words of the Miranda Warning: anything you say can and will be used against you. This warning is intended to serve as a reminder that any statements you make during police questioning can be admissible in court. For many criminal defendants, more »

  READ MORE

Fraud charges

Mail and Wire Fraud: Ties to Other Charges

In February of 2015, former N.Y. Assembly Speaker Sheldon Silver was indicted on charges of fraud and extortion. According to the Wall Street Journal, the charges arose from two schemes in which he allegedly used his political power to elicit kickbacks. The U.S. Attorney brought charges for extortion as well as for mail and wire more »

  READ MORE

John Yates

Recent Ruling Could Impact Tsarnaev’s Friends

A recent ruling by the US Supreme Court involving a Florida fisherman could possibly have an impact on criminal cases brought against friends of Boston Marathon bombing suspect Dzokhar Tsarnaev. This is the indication that legal teams involved in the case have given to the media. John Yates, a commercial fishing boat captain was convicted more »

  READ MORE

DOJ Privacy Concerns

US Justice Department Tracking American Motorists

According to a recent report by the Wall Street Journal, the US Justice Department has been gathering and storing records of hundreds of American motorists. The report claims that this database can track the movements of vehicles across the country. The news has been confirmed through government documents as well as by former and current more »

  READ MORE

Google and Apple logos

New York Prosecutor Highlights Need for Regulations to Fight Data Encryption

A top prosecutor of New York Country says that Apple and Google should be legally required to give police access to customer data that may be deemed necessary when investigating crimes. According to Cyrus Vance, Manhattan District Attorney, federal and state governments should consider passing laws that forbid devices like smartphones, tablets etc. to be more »

  READ MORE

Medical marijuana laws

Federal Government Claims in Court that Marijuana is Dangerous

President Obama has recently signed a legislation prohibiting any federal interference with state medical marijuana laws. As per this law, the federal government is barred from spending money to prevent California and 21 other states from implementing laws that authorize the use, distribution, possession or cultivation of medical marijuana. However, a federal judge in Sacramento more »

  READ MORE

Microsoft-Fronts

Microsoft Files Civil Lawsuit Against Scammers

Microsoft is suing scammers who phone people pretending to represent the firm and offering bogus technology support. It is believed that these spam callers ask to take over home computers and demand money to fix them. They are also known to install viruses and useless security software and trick people into spending hundreds of dollars more »

  READ MORE

Cannabis plants are pictured in a state-owned agricultural farm in Rovigo

Justice Department Legalizes Pot for Indian Tribes

In a memo released this week, the Department of Justice has outlined new policies that allow American Indian tribes to grow and sell marijuana on reservation lands. Under the new policies, four Western US states will be allowed to grow and sell recreational marijuana. While possession of marijuana is a federal crime in the US, more »

  READ MORE

Eyewitness testimony

How reliable is Eyewitness Testimony?

The Ferguson, Missouri shooting incident of 18 year old Michael Brown by Ferguson, Missouri Police Officer Darren Wilson reflects that eyewitness testimony varies among eyewitnesses and may not always be reliable. One explanation offered by the St. Louis County Prosecuting Attorney Robert McCulloch regarding testimony of an eyewitness to the case is that the person more »

  READ MORE