To truly honor the presumption of innocence is not to charge a fee for admission to the presumption. If you are charged with an offense in Tennessee, other than capital murder, you are entitled to a bail amount set by a neutral magistrate. While the bail amounts set in each jurisdiction will vary (and, sometimes, questionably so) the idea is
On Nov. 7, 2017, Ohio voters overwhelmingly passed Issue 1, or “Marsy’s Law,” under the guise of a “victim’s bill of rights.” Ohio is the most recent state to adopt such legislation, and surely will not be the last. On its face, it is hard to imagine opposition to helping victims of crimes, and the pre-election question posed to defense
For the past four years, the Alabama pattern jury instructions committee (criminal), an official committee of the Alabama Bar, has been working on revising the criminal pattern jury instructions, last issued in book form in 1994 by the Alabama Bar Institute. Since the work of the committee is still in progress, Alabama lawyers may still need to refer to the
Our firm routinely receives inquiries concerning the legal avenues that can be pursued to reduce or eliminate a defendant’s term of incarceration. Because parole is no longer a viable option in Ohio, individuals must seek reprieve by filing a motion for “judicial release.” Whether a defendant is eligible to apply for – or otherwise quali- fied to receive – such
In Sumner County recently, a high-profile trial ended in a mistrial leading court watchers to ask the question: What happened and what happens now? Timothy Batts was charged with reckless homicide and several other offenses that resulted from the shooting death of his 11-year-old daughter, Timea. After deliberating for two days, the jury announced that they could not reach a
The United States Sentencing Guidelines (U.S.S.G.) provide significantly enhanced penalties for individuals who are deemed “career offenders.” These defendants typically receive increased offense levels and criminal history categories, which ultimately result in expansive penalty ranges that can– or in some cases must – be imposed. Although the career offender requirements may appear relatively straight-forward, subtle nuances within the language and
Imagine being summoned into your employer’s office and informed that you’re the subject of an investigation into a criminal offense. This scenario would be extremely stressful, especially where there are legitimate concerns regarding the allegations and the potential consequences. Now, imagine that the person questioning you is a government official who provides you with the following options: Cooperate with the
As a criminal defense attorney, one of the most difficult and challenging parts of the job is taking your client’s position and proving it to the prosecutor, the judge or the jury (or sometimes all three at once). While it is undoubtedly true that every criminal defendant is entitled to the presumption of innocence and it is up to the
As a criminal defense lawyer who also does some civil work, I’m often struck by the differences between civil and criminal law when it comes to pre-trial testimony. In civil cases, it would be almost unheard of to have a witness testify at trial who had not been deposed prior to trial. Often, litigators will know the witness’s answers for
In 1979, Hollywood introduced us to a dramatic courtroom exchange between a judge and a criminal defense attorney, whereby the two courtroom participants are convinced that the other is “out of order.” “And Justice For All,” in its final scene, has defense attorney Arthur Kirkland, played by Al Pacino, and Judge Francis Rayford, played by the late Jack Warden, pointing
To truly honor the presumption of innocence is not to charge a fee for admission to the presumption. If you are charged with an offense in Tennessee, other than capital murder, you are entitled to a bail amount set by a neutral magistrate. While the bail amounts set in each jurisdiction will vary (and, sometimes, questionably so) the idea is
On Nov. 7, 2017, Ohio voters overwhelmingly passed Issue 1, or “Marsy’s Law,” under the guise of a “victim’s bill of rights.” Ohio is the most recent state to adopt such legislation, and surely will not be the last. On its face, it is hard to imagine opposition to helping victims of crimes, and the pre-election question posed to defense
For the past four years, the Alabama pattern jury instructions committee (criminal), an official committee of the Alabama Bar, has been working on revising the criminal pattern jury instructions, last issued in book form in 1994 by the Alabama Bar Institute. Since the work of the committee is still in progress, Alabama lawyers may still need to refer to the
Our firm routinely receives inquiries concerning the legal avenues that can be pursued to reduce or eliminate a defendant’s term of incarceration. Because parole is no longer a viable option in Ohio, individuals must seek reprieve by filing a motion for “judicial release.” Whether a defendant is eligible to apply for – or otherwise quali- fied to receive – such
In Sumner County recently, a high-profile trial ended in a mistrial leading court watchers to ask the question: What happened and what happens now? Timothy Batts was charged with reckless homicide and several other offenses that resulted from the shooting death of his 11-year-old daughter, Timea. After deliberating for two days, the jury announced that they could not reach a
The United States Sentencing Guidelines (U.S.S.G.) provide significantly enhanced penalties for individuals who are deemed “career offenders.” These defendants typically receive increased offense levels and criminal history categories, which ultimately result in expansive penalty ranges that can– or in some cases must – be imposed. Although the career offender requirements may appear relatively straight-forward, subtle nuances within the language and
Imagine being summoned into your employer’s office and informed that you’re the subject of an investigation into a criminal offense. This scenario would be extremely stressful, especially where there are legitimate concerns regarding the allegations and the potential consequences. Now, imagine that the person questioning you is a government official who provides you with the following options: Cooperate with the
As a criminal defense attorney, one of the most difficult and challenging parts of the job is taking your client’s position and proving it to the prosecutor, the judge or the jury (or sometimes all three at once). While it is undoubtedly true that every criminal defendant is entitled to the presumption of innocence and it is up to the
As a criminal defense lawyer who also does some civil work, I’m often struck by the differences between civil and criminal law when it comes to pre-trial testimony. In civil cases, it would be almost unheard of to have a witness testify at trial who had not been deposed prior to trial. Often, litigators will know the witness’s answers for
In 1979, Hollywood introduced us to a dramatic courtroom exchange between a judge and a criminal defense attorney, whereby the two courtroom participants are convinced that the other is “out of order.” “And Justice For All,” in its final scene, has defense attorney Arthur Kirkland, played by Al Pacino, and Judge Francis Rayford, played by the late Jack Warden, pointing
