Having law enforcement search your vehicle can be a stressful and confusing experience. And not all searches are conducted legally. Understanding the boundaries between legal and illegal searches is crucial in protecting your rights. The Fourth Amendment The Fourth...
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Criminal Defense
What is the crime of moral turpitude?
When immigrants are charged with crimes, they often worry about getting deported. The actual criminal charges may be secondary. They are worried about being removed from the United States, where they have a family, where they have been attending school or where they...
Should you take a plea deal?
Plea deals, also known as plea bargains, have come to play a massive role in the handling of criminal cases in the United States. Very few criminal cases make it to trial these days, as most are settled by a plea deal before they get there. Yet, despite their...
What’s an open plea in a criminal case?
Most people have some passing familiarity with the concept of a plea bargain. Typically, these deals involve the defendant agreeing to plead guilty in exchange for reduced charges or a favorable sentencing recommendation, ultimately mitigating the consequences of...
What factors play a role in criminal sentencing?
People facing a criminal charge often want to know what sentence they’ll face if they’re convicted. Typically, this risk is relayed in a range of sentence possibilities based on factors such as the judge’s history with similar cases, sentencing guidelines and several...
Did the police lie about an emergency?
If the police have a search warrant, then they are allowed to enter your property. The warrant may restrict them in some ways, such as saying they can only go into a specific part of your property, that they can only carry out the search at a certain time, or that...
3 instances when you might want to plead the Fifth
The Fifth Amendment to the United States Constitution protects individuals from self-incrimination. It's a fundamental right that helps ensure a person cannot be compelled to testify against themselves in a criminal case. This protection extends to various legal...
Can the police search your phone after an arrest?
When you are arrested, the police may want to search your phone to gather evidence. Do officers have the right to do this? Here is what to know about this matter: The police need a warrant to search your phone A police officer may not search your phone or any other...
Types of behavior that law enforcement could find suspicious
Law enforcement officers are tasked with keeping neighborhoods safe. To do this, they are assigned various legal powers. For instance, they may conduct traffic stops, and search individuals and their properties. Nonetheless, they cannot do this randomly. Generally, to...
What’s the role of mitigation in a defense?
In any criminal case, the ideal resolution is either a total dismissal of the charges or acquittal at trial. There are times, however, when that outcome simply isn’t possible. At that point, the defense often looks to mitigate the resulting sentence. A mitigating...