Information and Insight on Criminal Law and Civil Rights
If you have been arrested and charged with DUI (driving under the influence), you may think your chances of winning your case are good. You are presumed innocent. The prosecutor must prove his or her case by legal and competent evidence establishing guilt beyond a reasonable doubt. You can remain silent and rely on your lawyer to ask great questions…
Continue Reading Politics of DUI – That Deck Is Stacked Against You
Imagine this – a US Senator gets convicted of criminal conduct, doesn’t resign, goes to court and when it all goes bad and he is convicted, he is shocked by the way he has been prosecuted. What went wrong here?
"This verdict is the result of the unconscionable manner in which the Justice Department lawyers conducted this trial," Stevens said. "I…
Continue Reading Alaska Senator Ted Stevens Guilty of Corruption
I happened to check out a blog entry tonight in which the Eleventh Circuit Court of Appeals decision in Buckley v. Haddock was reviewed. In Buckley, Court ruled that an officer who used his taser on a handcuffed man arrested for a misdemeanor had NOT used excessive force. The cop had ordered the man to get up off the ground…
Continue Reading When Is It Excessive Force? Taser Time In The 11th Circuit
This week brings another call from a sexual assault victim: "Can I sue the guy who did this to me?"
Absolutely! The law is intended to provide remedies for persons who have been sexually assaulted or harassed. The usual problem is recovering money damages against defendants in these cases because there is generally no insurance coverage. Most policies contain an…
This morning I get a new client who brings a letter he received from another lawyer, and "Former Deputy Prosecutor" building his DUI practice. Here is part of the other lawyer’s pitch:
"You need legal help. The criminal process is very complex. Once you have been charged with a DUI, you have 7 DAYS to take action to avoid immediate…
Continue Reading Can You Tell The Difference Between Lawyers – Part Two
I get at least three calls a week from folks who think their civil rights have been violated and want me to take their case. "Cause" might be a better description than case for the most part. So why is it so tough to get an attorney to take a civil rights case? Here are my Top 4 Reasons Most…
Continue Reading Top Four Reasons Most Civil Rights Cases Can’t Find A Lawyer
Ben Glass is this amazing lawyer who also understands marketing. You know, selling yourself and your services. The word "Guru" aptly applies to Ben and I have been reading a lot of his info lately as I try to work on my own marketing. For years I just lived on my reputation. "Hey, aren’t you that lawyer I see on…
Continue Reading Can You Tell The Difference Between Lawyers
I had a question this week about driving under the influence of alcohol or drugs: "Do I have to be driving to be guilty?" Survey says – NO! Idaho, like virtually every other state makes it a crime to be under the influence and to drive or be in actual physical control of a motor vehicle. The statute – Idaho…
Continue Reading Sitting In Your Car Under The Influence (DUI)
I had a call from a man whose son was facing serious criminal charges, and like each of us he was worried about the economic crisis. "I might just let him use the public defender this time, " he said. "Money is awfully tight! Can you give me one reason why I should hire you?" Here are three reasons to…
Continue Reading Top Three Reasons To Hire Your Own Lawyer – Especially Now
A bank can be sued for failing to conduct a reasonable investigation before initiating a criminal complaint against an identity theft victim. In an unpublished opinion out of New Jersey, the appellate court reversed an order granting summary judgment to the bank, and held that the main issue – whether the bank had acted with malice in calling the cops…
Continue Reading Bank Can Be Sued For Identity Theft Prosecution