Right To Counsel

News & Analysis as of

Destitute Before Proven Guilty: Supreme Court OKs Asset Seizure In White-Collar Cases That Bars Defendants' Ability to Retain...

The Supreme Court’s February 25 decision in Kaley v. United States creates a significant hurdle for white-collar defendants seeking to retain qualified counsel to defend against the government’s allegations. Ruling that...more

High Court Deals Major Blow To Criminal Defendants

The U.S. Supreme Court’s 6-3 decision in Kaley v. United States, 571 U.S. __, Case No. 12-464 (Feb. 25, 2014) essentially finds that the grand jury should have the last word. The Kaley case involved the right to counsel when...more

State v. Miller – New Jersey Supreme Court Gives Short Shrift to Right to Counsel

No person, rich or poor, guilty or not guilty, should be forced to endure the rigors and risks of a criminal trial the very same day he is introduced to his attorney. No attorney can ever be prepared adequately to try a case...more

LLC Has No First Amendment Right To Send Its Lawyer To Board Meetings

Usually when someone invokes her right to counsel, she usually has in mind the Sixth Amendment of the U.S. Constitution (or perhaps Article I, § 15 of the California Constitution). Thus, I was surprised to see a case in...more

Short Wins - More On The Federal Defender Budget Mess And The Withering Sixth Amendment

Two wins in the Eighth Circuit - nice. Other than that, it's a whole lot of resentencing news. In news related to last week's short wins post, though, where I lamented that Assistant Federal Public Defenders will be...more

Illinois Supreme Court Adopts Restrictive View of the Authority of Chicago Inspector General

In a unanimous opinion reversing in part Division Six of the First District, the Illinois Supreme Court has held in Ferguson v. Patton that the Inspector General for the City of Chicago lacks the authority to retain private...more

Do The Right Thing: Get Good Legal Advice

Abraham Lincoln once said that a man who represents himself has a fool for a client. In criminal defense cases, Mr. Lincoln had it right....more

Looking Back on Appeals That Made a Difference

Originally published in the New York Law Journal on March 6, 2013. Almost 50 years have elapsed between my first and most recent appearance before the New York Court of Appeals and a recent LEXIS search shows I...more

A Charter Right to Search Google?

The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new...more

When Does A Corporate Officer Or Employee Need Separate Counsel?

It is a profound grasp of the obvious to state that internal investigations are risky. There are so many things that can go wrong when conducting an internal investigation. I am biased and believe that former federal...more

Four Surprising Facts about Family Law

In a recent State Farm Insurance commercial, a young woman says to a young gentleman, “You can’t put anything on the Internet that is not true.” He asks her where she heard that, and in unison, they exclaim, “the Internet!” ...more

Short Wins - Restrictions On Prison Communications, Career Offender Remands, Competency Hearings, And Mail Fraud

In our first "Short Wins" of the new year, the Eighth Circuit reverses a district court's order restricting a person in BOP custody from communicating with folks on the outside, the Ninth Circuit reverses on a career offender...more

Why Are The Miranda Rights Important?

The Miranda rights, also known as the Miranda warning, are read to people upon arrest. Police and other law enforcement personnel are required to read or recite this warning to suspected criminals to ensure that their rights...more

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