Criminal Procedure

News & Analysis as of

Tech Rally – Industry Giants Back Google's Play to Protect Data

On March 10, 2017, Google Inc. filed its objection to a Pennsylvania magistrate judge's order to comply with search warrants and turn over personal user data partially stored on foreign servers abroad. A number of technology...more

Divided Panel Debates a Jury’s Ability to Resist the Persuasive Power of Hollywood

In United States v. Monsalvatge (Nos. 14-1113, 14-1139, and 14-1206), a divided panel of the Second Circuit explored the contentious topic of introducing blockbuster films as evidence in a criminal prosecution. Defendants...more

Supreme Court Update: Gloucester County School Board V. G.G. (16-273), Peña-Rodriguez V. Colorado (15-606), And Beckles V. United...

The Court kicked off the week with a flurry of activity in criminal cases, issuing a landmark Sixth Amendment ruling, another decision closing the door on vagueness challenges to the Sentencing Guidelines, a per curiam...more

How Long Have Criminal Cases Lasted From Grant to Argument to Decision (Part 2 – 2008-2016)?

Yesterday, we analyzed the lag times – from grant of review to oral argument, and oral argument to decision – in the Court’s civil docket from 2008 to 2016. Today, we’ll address the data for the criminal docket. One...more

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Possession and Using of Drugs

A recent case at the Dubai Court of Cassation was overturned based on a procedural error by the public prosecutor and police. Al Rowaad Advocates and Legal Consultancy represented a client from an African country who was...more

Arresting Individuals

A thorough study demonstrates that in the criminal procedure law, the arrest might take place mainly in three potential scenarios. First is when the arrest order issued by Judicial Officers. The law provides the Judicial...more

Arrest order issued by the Public Prosecution

Regardless of whether the Public Prosecution received the arrest order of the accused or not, the law gives them the right to issue their own arrest orders according to Article 101 of the Federal Law No. (35) Of 1992....more

Pretrial Imprisonment Order

The Public Prosecution, ordinarily, has a discretionary power to issue the pretrial imprisonment order unless there is a special case described in different regulations and provisions....more

Bail Procedure

I selected Bail procedure as the topic of my current article as it is usually amongst the chief concerns of all our clients. They want their lawyer to get their family members or friends released on bail as soon as possible....more

Thursday LTNY 2017 Sessions: eDiscovery Trends

As noted yesterday and Tuesday, LegalWeek 2017 – which includes of course the marquee event LegalTech® New York (LTNY) – is happening this week and eDiscovery Daily is here to report about the latest eDiscovery trends being...more

Forgetting about the Other Side of the Law is Criminal: eDiscovery Case Law

In our webcast on Wednesday titled What Every Attorney Should Know About eDiscovery in 2017, we covered (as we always do) several key cases that established eDiscovery best practices and trends (and a few with litigants...more

“Legalweek, The Experience” 2017 is One Week From Today!: eDiscovery Trends

What is “Legalweek, The Experience”, you say? LegalWeek is LegalTech New York, along with six other “events-within-an-event” that will be going on next week in New York at the New York Hilton Midtown, starting next Tuesday,...more

Referral after completion of investigation

After the investigation process in the public prosecution is completed, if the General Attorney decides to transfer the case to Criminal Courts by issuing referral order, attendance of the accused becomes mandatory in the...more

Supreme Court Update: Lightfoot V. Cendant Mortgage Corp. (14-1055)

Greetings, Court Fans! For those of you who spent the last six months (since cert was granted in Lightfoot v. Cendant Mortgage Corp. (No. 14-1055)) just dying to know whether the sue-and-be-sued clause in Fannie Mae's...more

Rules and regulations followed in criminal cases

It is important for any accused in any criminal case to understand what his rights are in criminal sessions and to be able to at least imagine how things might work in such sessions or how the law is organized. That is why, I...more

Witness hearing before the criminal courts

The witnesses have to be invited to attend the hearing on the basis of a request from one of the parties. After the approval of the court. The official notice will have to be sent at least 1 day before the hearing...more

I Now Call Alexa to the Stand: What Criminal Law Can Learn from Civil Law When It Comes to E-Discovery

More and more, electronically stored information (ESI) is being collected as evidence for criminal cases. The latest example came to light over the new year in the Washington Post article, “Can Alexa help solve a murder?...more

2016 Florida Legislative Post-Session Report

Carlton Fields’s Government Law and Consulting Practice Group released its 2016 Florida Legislative Post-Session Report detailing significant bills that passed during the 2016 Regular Session of the Florida...more

The Supreme Court - May 2016 #4

The Supreme Court of the United States issued decisions in three cases on May 31, 2016: Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more

Privacy Shield Update: A Recap of Recent Developments

On April 13, 2016, the Article 29 Working Party (WP29), an influential group of European data protection authorities, issued a non-binding opinion that criticized certain elements of the fledgling Privacy Shield framework....more

U.S. Supreme Court Proposes Change to Rules Applicable to Searches of Electronic Data

The United States Supreme Court — which establishes rules of civil and criminal procedure, subject to the objection of Congress — has proposed a significant amendment to the rules applicable to searches of electronic data...more

In Case You Missed It: Launch Links - April 2016 #4

Some interesting links we found across the web this week: - House of Representatives approves bill requiring warrants for email searches - It was a productive week on the Hill, as the House passed the Email...more

Testing The 5th: Compelled Testimony From Foreign Regulators

The circumstances of the prosecution of Anthony Allen and Anthony Conti exemplify how cross-border cooperation and parallel investigations can give rise to novel issues in a subsequent criminal trial. Allen and Conti were...more

SEC Prevails in Payton Insider Trading/Tipping Case

The SEC prevailed in its insider trading/tipping case against two New York brokers were Newman and its tipping standard was a key issue. SEC v. Payton, Civil Action No. 14 civ 4644 (S.D.N.Y.). On Monday a jury in New York...more

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