Category Archives: Criminal Law
Is It A Good Idea To Testify At Your Own Criminal Trial?
Defendants in criminal cases have the right to remain silent. They also have the right to tell their side of the story. Deciding whether to testify at your own criminal trial is a big decision, as big as the decision regarding whether to plead not guilty and go to trial or to plead guilty… Read More »
Eyewitness Testimony Is Overrated
If you have gotten far enough in your criminal case that you have met with a defense attorney, then you probably know that most defendants plead guilty, and only a small percentage of cases go to trial. Some defendants plead guilty because they readily admit fault and believe that, since a guilty plea usually… Read More »
Can Defendants Win Their Case At The Preliminary Hearing?
When you first meet with a criminal defense lawyer after an arrest, you might be hoping that your lawyer will help you by persuading the jury to acquit you at your trial. The chances are that your lawyer will not do this, because trials are only the outcome in a small fraction of criminal… Read More »
When To Speak And When To Stay Silent In Your Criminal Case
Even though you probably already know that you have the right to remain silent while being questioned by police, the officer who arrests you must inform you of this upon your arrest, as part of the Miranda warnings. The police might try to charm you into talking. They might make friendly conversation or start… Read More »
Using An Alibi In Your Criminal Defense Case
The alibi defense, in which you claim that you could not have committed the crime because you were somewhere else when it occurred, is one of the simplest defenses that defendants can use at a criminal trial. You do not have to graduate from law school to understand the concept of alibi. It is… Read More »
Post-Conviction Relief: How And Why
Only a tiny fraction of defendants in criminal cases make it their goal to have the last word; most of them just want to put their criminal cases behind them. The vast majority of cases result in guilty pleas; defendants want their sentences to start and end as quickly as possible, so that they… Read More »
Affirmative Defenses: Do You Dare To Confess While Maintaining Your Innocence?
In civics class, your teachers make it sound like the answer to any question about whether you did what the police are accusing you of doing is a simple “yes” or “no.” You begin your adult life thinking that, if the answer is, “yes, I did it,” then your criminal defense lawyer helps you… Read More »
Mistrials And Florida Criminal Law
Due process of law requires that, in order to ensure a fair trial with a fair outcome, all parties must do everything right. Prosecutors must disclose the evidence that they plan to present at trial, so that the judge can decide whether it is admissible in court, and the defendant can come up with… Read More »
Does Simple Refusal To Snitch Count As Obstruction Of Justice?
The term “obstruction of justice” refers to a wide variety of actions, as well as some instances of lack of action. You can be charged with obstruction of justice if you attempt to interfere with any aspect of the criminal process, from the initial arrest all the way to the trial. Furthermore, not only… Read More »
If You Got Acquitted At Trial, Thank The Sixth Amendment
Remember that scene in various film adaptations of Alice’s Adventures in Wonderland and Through the Looking Glass where, one minute, Alice is casually exploring the strange world in which she finds herself, and the next minute she is on trial? Before she can even find out what crime she is being accused of, the… Read More »
