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Aug 24, 2021

What Is Extortion, and What Defenses May Apply?

By |August 24th, 2021|Criminal|

The crime of extortion was in the news recently when it was revealed that attorney Michael Avenatti was sentenced to 2 ½ years in jail for attempting to extort Nike, a sportswear manufacturer. Mr. Avenatti became well-known as the attorney for Stormy Daniels. According to BuzzFeed News, federal prosecutors asserted that Avenatti used his fame to try to extort millions of dollars from Nike “with threats to accuse employees of misconduct.” BuzzFeed News reports that [...]

Aug 17, 2021

When Drunk and Drugged Driving Turns Deadly

By |August 17th, 2021|Criminal|

Any driver who operates his/her vehicle while under the influence of alcohol risks being charged with a DUI. If a person is killed as a result of a drunk driver, a drugged driver, or even a driver who is not quite legally drunk but still impaired by alcohol, that driver could face a different set of felony charges. All of these offenses will likely result in a lengthy prison sentence and substantial fines. Simply put, [...]

Aug 10, 2021

The Pandemic Caused Mass Violations of Constitutional Rights

By |August 10th, 2021|Criminal|

As criminal trials are resuming due to the vaccinations across the state, the criminal justice system needs to review whether justice delayed is fair justice for some criminal defendants. Many trials were postponed during the COVID-19 pandemic due to concerns jurors, court personnel, and defendants would become infected through close contact. While it is understandable why jury trials were largely suspended during the pandemic, the reality is that many defendants spent more time in jail [...]

Aug 4, 2021

Jury Finds Capital Gazette Shooter Criminally Responsible for Killing Five People in 2018

By |August 4th, 2021|Criminal|

Twelve jurors voted unanimously to hold the defendant in the Capital Gazette mass shooting criminally responsible for his actions. The jury consisted of eight men and four women. The family members who attended the trial, which took just under two weeks, thanked the jurors for their verdict. CBS News reported that that one of the widows of a victim said that the deaths of the five victims affected many more people than the five victims. [...]

Jul 28, 2021

Yes, Your High School Student May Be Forced to Register as a Sex Offender

By |July 28th, 2021|Sexual Assault|

When the news covers student sexual assaults, it usually does so in regard to college students and Title IX claims. Less common, but potentially even more devastating, are sexual assault claims where the accused is a minor. If your child is under the age of 18 and is convicted of certain sexual offenses, he or she can be forced to register as a sex offender. This can and will have a serious impact on your [...]

Jul 20, 2021

The SCOTUS Decision in Van Buren Is More Important Than You Think

By |July 20th, 2021|Criminal|

The Supreme Court of the United States has a juicy slate of opinions coming out this June. Some of cases have received significant local and national coverage, covering topics like healthcare, voting rights, and religious liberties. Others, such as the rulings released today, may receive far less coverage – but that doesn’t make them any less important. Case in point: Van Buren v. United States was released on June 3, 2021. In a 6-3 ruling, [...]

Jul 14, 2021

What a Former Reality Star’s Felony Stalking Charge Can Teach Us

By |July 14th, 2021|Criminal|

If you are a fan of the reality television show Big Brother, then you probably heard about Mike “Boogie” Malin’s plea to a felony stalking charge related to his fellow star Dr. Will Kirby, and the penalties associated with it. Those penalties are significant: $370 in fees and restitution (with additional restitution to be determined later) 3 days in jail 30 days in a residential treatment facility 2 years of probation with mandatory supervision by [...]

Jul 6, 2021

Panicked Over Rising Crime Rates? Don’t Be.

By |July 6th, 2021|Criminal|

Pick up any paper, check any website, or listen to any local or national news station, and you are bound to hear about the rising crime rates, or the “surge” in violent crime, or the “spike” in criminal activity. There is outrage and handwringing and lots of blame to go around. The discussion keeps circling the same points: crime rates are rising, and what “we” are doing is not working. This is the wrong conversation. [...]

Jun 8, 2021

What Does a Prosecutor Do?

By |June 8th, 2021|Criminal|

The prosecutor is supposed to be the people’s lawyer. A prosecutor is supposed to fight for the safety of the people in the community he/she represents. Many people have an opinion of prosecutors based solely on what they see on TV and in films about the criminal justice system. It is natural to think their sole job is to argue a case before a judge and jury – and oppose everything a criminal defense lawyer [...]

Jun 1, 2021

Pros and Cons of a Jury Trial vs. a Bench Trial

By |June 1st, 2021|Criminal|

Jury trials and bench trials are both options in a criminal defense case, and they offer different benefits and risks. Defendants who are charged with a criminal offense have the Constitutional right to a trial. For many criminal cases, a jury trial could be a defendant’s best option. A jury trial is not mandatory, though. A defendant can waive his/her jury trial and agree to have the judge assigned to the case try the case. [...]

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