Criminal Defense

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Prosecutors are Entitled to Direct Access to Peace Officer Personnel Records

Appellate Court Says No Pitchess Motion Required to Determine if Records Contain Brady Material - Overview: A California appellate court held this week that prosecutors are entitled to direct access — without a...more

In Criminal Defense Victim Restitution is Not Punishment, but it Sure Feels Like it! #CriminalAttorney

ne of the fundamental principles of our criminal justice system is that one person should never be punished for the misdeeds of another. As a result, if an eighteen-year-old gets drunk and smashes several car windows with a...more

New Mexico Supreme Court Applies Padilla Retroactively to 1990

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, 559 U.S. 356 (2010), held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective...more

Short Wins - The Immunity Edition

Today's featured defense victory is United States v. Barefoot, which deals with a kind of surprising course of conduct in the Fourth Circuit. In Barefoot, a person gave information to the government to help them investigate...more

White Collar Criminal Defense Update: Third Circuit Court of Appeals Discusses “Willful Blindness” Jury Instruction and Burden...

On April 30, 2014, the Philadelphia based U.S. Court of Appeals for the Third Circuit issued its precedential opinion in United States v. Tai, ___ F.3d ___, 2014 U.S. App. LEXIS 8129 (3d Cir. April 30, 2014), here. A copy of...more

Driving on a Suspended License: What is Your Defense?

Hollywood actress Amanda Bynes may not be the best role model, but her troubles with the law help us understand the flexible nature of driving laws in California. It is possible to fight charges of driving on a suspended...more

Better News For White-Collar Defendants: Okatan Responds To The Supreme Court's Salinas Decision

The Supreme Court’s June 2013 decision United States v. Salinas raised a few eyebrows among white-collar practitioners because its focus on the need to expressly invoke the Fifth Amendment in order to obtain its protections...more

What To Look For In A Criminal Defense Attorney

If you’ve been charged with a crime, your freedom and your future are at stake. You shouldn’t be guided by jail-house rumor, flashy television ads or the Yellow Pages in selecting a lawyer to defend you....more

New Language in Pittsburgh Proffer Agreement Increases Risks for White Collar Criminal Defendants in Western District of...

For those persons in the midst of a federal “white collar” criminal investigation, an oftentimes crucial – and always difficult – decision is whether to “proffer” to the government. That decision just became tougher in any...more

Liability Insurers May Have Duty to Defend Against Federal Prosecutions, California Court of Appeal Holds

The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not eliminate a liability insurer’s duty to defend against a federal prosecution...more

Second Circuit Bars Criminal Defendant from Accessing Assets Frozen by Regulators

The US Court of Appeals for the Second Circuit recently upheld a district court’s refusal to release nearly $4 million in assets frozen by the Securities and Exchange Commission and the Commodity Futures Trading Commission to...more

Post-Conviction Relief: A Second Look At Conviction

According to The Innocence Project, nobody knows just how many innocent people are sitting in prison after being wrongly convicted. This organization works tirelessly with defendants who believe they were wrongly convicted to...more

Imposition Of GST On Criminal Defence Legal Fees Does Not Infringe Section 10(b) Of The Charter: Stanley J. Tessmer Law...

In Stanley J. Tessmer Law Corporation v The Queen, 2013 TCC 27, Justice Paris of the Tax Court of Canada confirmed that the general GST charging provision in section 165 of the Excise Tax Act, R.S.C. 1985, c. E-15 (the “ETA”)...more

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