Maybe it’s because it is the “Live Free Or Die” state. Perhaps “living free” is interpreted as “lying about being free” in New Hampshire. Maybe. But not here though. Here it could have been a felony. According to authorities in Nashua, New Hampshire, a twelve-year-old boy was worried because he…
We have discussed some of the myriad of issues which occur when defense counsel seeks to suppress evidence. In short, the defense brings a motion to prevent the prosecution from using evidence against a criminal defendant because it was discovered in violation of that defendant’s Constitutional Rights. It is an…
Happy Halloween everybody! Have your plans for tonite all ready? I will be hiding under my bed at my abode in Salem. Whatever your plans, be careful not to take them too far. Law enforcement has a way of being overly-on-hand on nights like this. With good reason, actually. After…
In the practice of law, there are such things as “legal fiction’s”. These are generally items that lawyers make up in order to prove a point. . Whether the charge is murder, drug trafficking or rape, you have been brought up to believe that the United States Constitution protects you…
Well, Jesse Mathew, 32, (hereinafter, the “Suspect”), whom we discussed yesterday, seems to be in more trouble than we knew. Search warrants weren issued today to carry out searches of his apartment. The search warrants are part of the ongoing criminal investigation into the disappearance of University of Virginia student…
As mentioned in the beginning of this week, this blog is about to undergo some positive changes. We have discussed many things over the years that I have posted this blog. The tone has ranged from angry, to sad to somewhat humorous. In criminal justice issues, of course, those involved…
Probably, in one form or another. There are things, though that can be done about it. Being arrested and hauled into court for arraignment is, among other things, embarrassing. You don’t want the world to know about it and your family does not want the negative attention. Most of all,…
I am not going to tell you that every crime that is ever committed is discovered and/or punished. Likewise, I will argue forever that not everyone convicted of a crime is truly factually guilty. However, the way cases are “discovered”, “solved” and brought to trial has to do with evidence.…
We have spent the last two blogs discussing what one should do if approached by law enforcement in the middle of a criminal investigation. Should you accept the police offer to “give your story” without counsel? A regular reader of this blog was kind enough to join in the discussion…
On Friday, we began discussing whether suspects, or potential suspects, should talk with the police who are conducting a criminal investigation when the officers come to interview them. We focused on the occasion in which the interviewee does not believe that he or she has anything to hide. As naïve…