I posted a short video explaining the impact of the Supreme Court's recent ruling in Berghuis v. Thompkins. I explain how the ruling makes it important for anyone being questioned by police to firmly, but politely, insist on having an attorney present, and on remaining silent.
New Developments in Miranda law
Since 1966, the Supreme Court has had to reinterpret Miranda law. Miranda law first was developed in a 1966 case - Arizona v. Miranda - in which the Supreme Court ruled that when a suspect is interrogated in custody, the police must read him his rights. And if he invokes his rights, the ...
Wake County Substance Abuse Treatment Providers
Below are some names of Wake County (North Carolina) Substance Abuse Treatment Providers. I am not recommending these providers, but merely providing them for informational purposes. Before you use any provider, you should confirm with your lawyer that the provider is right for your case. First Step Services, LLC - Raleigh 211 Six Forks Rd, ...
A Video Overview of How Miranda Rights Apply in Criminal Cases
A short video about how Miranda Rights apply in criminal cases. You should consult with a lawyer about your case. I made this to help folks understand how this concept might apply in their cases, but each fact situation differs.
Driving While Impaired – DWI Explained
I've posted a new video giving the basic definition of a DWI or Driving While Impaired (DUI) charge in North Carolina. [stray-random]
Cruel and usual: a life sentence for a 17-year-old
The United States Supreme Court issued an important opinion last week involving the Eighth Amendment to the United States Constitution. The Eighth Amendment - in addition to prohibiting excessive bail - prohibits "cruel and unusual punishment." Most people are familiar with that prohibition because of the continuing controversy over whether the death penalty ...
Confrontation Clause: Post-Crawford Developments
The "confrontation clause" of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him." This little phrase has created a whole library full of commentary and legal opinions. At its core, the phrase is simple enough: a defendant ...
Types of Immunity
In criminal law, there are two types of immunity. The first is called "use immunity" and the second is called "transaction immunity." These kinds of immunity provide varying degrees of protection. In general, transaction immunity is much broader, and therefore far more protective. Generally immunity is offered by a prosecutor in exchange ...
Don’t Drive A State Car While Drunk
Here's a thought. Don't drive a state vehicle while drunk! A Illinois politician had to give up his state car when his son, who was driving said car, was arrested for driving while impaired. If you're accused of a DWI Raleigh or DUI Raleigh, feel free to call me. Senate President John ...
iPhone: Criminal Probe Underway
Interesting story out of California. Gizmodo, a tech website, obtained a lost prototype of the new iPhone. They disassembled it, posted pictures, and a review of its contents. Unfortunately, Apple was not pleased. In response, it first asked California law enforcement authorities to conduct a raid on the Gizmodo editor's home, confiscated his ...
