More than 65,000,000 (one in four adults) people in the U.S. have some form of criminal record. For each of them the consequences of a criminal record carries both legal disability and a social and economic stigma. Collateral consequences of a conviction impose legal restrictions including the loss of civil rights,…
This week, the U.S. Supreme Court released a unanimous decision on cell phone searches by the police. It is now a requirement for police to have a search warrant to search a cell phone. The Supreme Court observed citizens are under increasing governmental surveillance. Face recognition software can recognize individuals…
The public conversation on the use of armed drones is in the news. On one side it is argued that Due Process rights confer upon judicial process the sole venue for “civilized” adjudication before the imposition of the death penalty. Remember that great movie line from Silverado (1985) when the Sheriff…
Good news, bad news, we’ve heard it all. But when the good news or bad news comes from the voice of a corporate entity and stock prices move up, or down, lots of money is made, or lost. The price of any stock moves on news, here is an example to…
Porous borders and the ease of international travel can create a legal nightmare for even the most innocent of travelers. For example, a Swiss citizen traveling in the United States and renting an automobile can have a traffic ticket in any of a number of States and run afoul of…
One of the least understood but most powerful constitutional rights, the Due Process Clause, is the escape route for those as yet un-charged in the ongoing Scott Rothstein prosecutions. The Due Process dismissal defense, widely used outside of Florida, is dis-favored by most Florida criminal defense lawyers. The motion is…
On the same day that the news reported a shooting at a high school in Reynolds, Oregon, the United States Supreme Court issued a landmark decision on gun control. In this case, which came out of Tennessee, a gun owner with a conviction for misdemeanor domestic violence had to surrender…
With a nod to the sports industry in United States, we turn our attention in today’s blog post to a current issue in basketball. The sale of the basketball team the Clippers in Los Angeles opens our door to the issue of competency. Competent to stand trial in a criminal…
The World Justice Project defines itself in terms of its mission: “To increase public awareness about the foundational importance of the rule of law, stimulate government reforms, and develop practical programs at the community level.” The 2014 index rankings are as follow: Denmark, Norway, Sweden, and Finland scored as the…
Wars consume warriors unless a community declares war on itself. In the United States, we are coming off a long run of enhanced penalties, minimum mandatory prison sentences, incarcerating addicts, and life-terming fully one in nine of those in custody. The National Association of Criminal Defense Lawyers issued a thorough…