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January 12, 2017

Case Appeals—What an Appeal Is and What It Means

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If you are unhappy with a decision handed down by a court, you have the right to request that a higher court review the lower court’s decision.

What many people do not understand about an appeal is that nothing new in the way of facts or evidence can be added to the record.

Tagged: Criminal Law

January 03, 2017

Consent to Search—Your Right to Refuse

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If you have ever been pulled over by a police officer or had a police officer show up on your doorstep, you know just how nerve-wracking the experience can be.

If you were asked by the police officer for your permission to search your car or home, you may have been unsure of the “right” answer.

Tagged: Criminal Law

December 19, 2016

Police Tactics to Get You to Talk

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Most people are at least somewhat aware they should not talk to the police, however conversely, a large percentage of those same people do talk.

Many innocent believe if they simply tell the truth, they will be on their way home much more quickly.

Tagged: Criminal Law

December 12, 2016

Understanding the 5th Amendment

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The History of the Fifth Amendment

In 17th century England, citizens were often tortured or coerced into making a confession regarding their religious affiliation, and were even considered guilty if they refused to talk. Puritans who fled such religious persecution, brought the idea to America that all citizens had the right to remain silent in order to keep from giving the prosecution evidence against them, and the idea eventually became codified in our Bill of Rights.

Tagged: Criminal Law

December 08, 2016

When and How to Invoke Your Right to Remain Silent

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Most everyone has seen a television show which depicts a suspect being “Mirandized,” yet many people do not have a clear understanding of exactly what it means to invoke your right to remain silent—and how to accomplish it.

Tagged: Criminal Law

December 06, 2016

Understanding the Right to Remain Silent

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There are few people in America who have not heard the words “You have the right to remain silent…” either in person or, more likely, on television.

Despite that fact, the right to remain silent is actually a poorly-understood concept.

Tagged: Criminal Law

December 05, 2016

Is Not Talking to the Police the Same Thing as the Right to Remain Silent?

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You may think that not talking to the police is the same as invoking your right to remain silent, under your Miranda Rights. As a matter of fact, you must actually speak, in order to invoke your right to remain silent.

Tagged: Criminal Law

December 01, 2016

If the Police Have a Search Warrant to Search My House Can They Search Anywhere?

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Many people are so shocked and upset to have the police show up at their home with a search warrant in hand, they may not realize that the police are limited in their search by the specifics of the warrant. While it is remotely possible the warrant could give the police carte blanche to search and seize at will, it is not probable.

Tagged: Criminal Law

November 29, 2016

What Makes a Great Lawyer?

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In a perfect world the really great lawyers would also be the most successful lawyers.

Unfortunately, there are instances when highly successful attorneys are not necessarily the great attorneys and many truly great attorneys are not as successful as you—and they—would hope.

Tagged: Criminal Law

November 28, 2016

If I’m Innocent, Why Do I Need an Attorney?

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For almost all people, being accused of a criminal offense is a confusing, frightening, anxiety-inducing experience. For those who are actually innocent of the crime, those feelings are intensified.

Tagged: Criminal Law