Category Archives: Criminal Law

A Brief Overview of Drug Cases

Generally, there are two basic charges : 1) Possession 2) Sale 1) Possession has some variants such as possession for personal use and possession with intent to sell. Possession with intent to sell is a more serious charge because first, … Continue reading

Posted in Criminal Law, Uncategorized | Tagged , , , , , , , | Leave a comment

A Brief Overview of Search and Seizures Under the Fourth Amendment

The Fourth Amendment to the U.S. Constitution grants people the right to be free from unreasonable search and seizures. The key  point in the above right is that the search or seizure, whether pursuant to a warrant or under one … Continue reading

Posted in Civil Rights, Criminal Law, Uncategorized | Tagged , , , , , , , | Leave a comment

Identification Hearing ( Wade Hearing )

The purpose of a Pre Trial  Wade Hearing is to determine whether the eye witness’s identification of the defendant as the perpetrator of the crime is correct. There have been numerous studies  and books  and articles published that come to … Continue reading

Posted in Criminal Law, Uncategorized | Tagged , , , , , , , | Leave a comment

A Brief Overview of the Criminal Trial Process

After Pre Trial Motions have been decided by the Judge, whether with or without a hearing on the motion, the next step generally may be renewed discussions between Defense Counsel and the Prosecutor regarding a possible plea bargain to dispose … Continue reading

Posted in Criminal Law, Uncategorized | Tagged , , , , , , , | Leave a comment

Pre Trial Motions in a Criminal Case

If the  Defendant is charged with a felony and if he was Indicted by the Grand Jury ( see previous article ” The Grand Jury “) the Defendant’s attorney should consider making a ” Motion to Inspect the Minutes of … Continue reading

Posted in Criminal Law, Uncategorized | Tagged , , , , , , , | Leave a comment

Preliminary Hearing (aka Felony Exam )

The question of whether a defendant should request and participate in a felony exam is similar to the questions of whether the defendant should testify before The Grand Jury (see previous article “The Grand Jury “) and whether the defendant … Continue reading

Posted in Criminal Law, Uncategorized | Tagged , , , , , , , | Leave a comment

The Grand Jury

The Grand jury is only used in Criminal Felony cases, not misdemeanors. Its’ function is to determine whether there is reasonable cause to believe that the defendant committed the crime charged. This is a very low standard . It is … Continue reading

Posted in Criminal Law, Uncategorized | Leave a comment