Mandatory death sentences were held unconstitutional by the United States Supreme Court in Furman v. Georgia, a case which also led to a nationwide moratorium on the death penalty for several years in the 1970′s. However, the legislative enactment of mandatory sentences has proliferated across the country, so that most states have laws on the books mandating lengthy minimum sentences for convictions across a wide range of criminal offenses, including drug charges, weapons crimes, and repeat offenses. The effect of these laws is that you can be convicted of a …(read more)
Most Driving Under the Influence (DUI) offenses are charged as misdemeanors. Even a misdemeanor DUI conviction carries a host of penalties, such as driver license suspension, fines and fees, community service, driver education courses, ignition interlock devices, and possible incarceration. Even so, the stakes are considerably higher in a felony case, where fines can be much greater, and you can be sentenced for multiple years in prison upon conviction. A felony criminal record can also hurt your chances at employment more than having a misdemeanor DUI on your record.
Whether a …(read more)
Most criminal defense attorneys will urge you not to talk to the police until you have spoken to an attorney first. By consenting to talk to the police, you may be waiving your constitutional privilege against self-incrimination (the right to remain silent). Even worse, you may say something that actually incriminates you. Even if you have done nothing wrong, the police and prosecutors are trained experts at getting you to make contradictory statements or say things that put you in an unfavorable light. If the prosecution has built a strong …(read more)
As November 2nd draws closer, bringing with it a vote on California’s Proposition 19, which would legalize marijuana in the state for recreational use, more and more questions are arising as to the effects its potential passage could bring. Although legislation decriminalizing possession of the drug was recently signed into law by Governor Arnold Schwarzenegger, U.S. Attorney General Eric Holder recently vowed to “vigorously enforce” federal drug laws banning the sale, purchase, or consumption of the drug.
In an October 13 letter responding to a group of former Drug Enforcement Administration …(read more)
