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- Warratless Blood Draw in DUI Investigation
In Missouri v. McNeely, the United States Supreme Court decided that a blood draw is a search which is protected under the Fourth Amendment.
- Legally Insane: The Insanity Defense
The insanity defense is one of the least successful defenses in a criminal case. The determination of the suspectís mental state at the time of the criminal offense, as well as at the time of trial can be a challenging task; the defense actually has the burden of proof in Federal cases, as well as most State charges, in showing the defendant to be insane.
- The Supreme Courtís Decision in Susan B Anthony List v Driehaus -a Victory for Civil Rights Plaintiffs
by Kassouni Law
Say that you need a permit to pursue your chosen occupation, but you believe that the costly administrative procedure to acquire said permit is unconstitutional. You have been ticketed for operating without a permit, and have every reason to believe that you will be ticketed again, but you have yet to be arrested and thrown in jail. Can you bring a suit alleging the law to be unconstitutional, or do you first have to be arrested or submit to the costly permit procedure before you can sue?
- Navy Again Requires Self-Reporting of Arrests and Prosecutions
As part of its personnel management directed by Congress, the Navy is using civilian misconduct as a indicator for discharging persons.
- Freedom of Information Act and Privacy
Most township officials are aware of the importance of complying with the Freedom of Information Act (FOIA). Like a number of other areas of law, compliance with such a statute has become increasingly complex as a result of shifting interpretations by the courts. Learn more about the cases that have had an effect on the interpretation of the act in recent years.
- Ten New Laws to Know for 2012
It is January 1, 2012 and a host of new laws become effective today. While some of these laws may not affect you, others may, so it good to be aware of how the laws have changed. There are dozens of new laws, but our focus in this article in limited to ten that involve possible criminal cases.
- Challenges for Cause: What You Don't Know Can Hurt You
Even attorneys experienced in voir dire have difficulty understanding how trial judges apply the law concerning challenges for cause. This article will cover both the statutory and case law on the subject as well as suggesting how to convince a prospective juror to admit bias. Perhaps, more importantly, it will also suggest ways to convince the trial judge to sustain the challenge.
- Republican 2008 Presidential Election Tactics, Robo Calls and Negative Attack Ads
A discussion of some of the tactics being employed in the 2008 Presidential Election to sow seeds of distrust and fear. The author asks whether the backlash against these tactics that are generating anger and fear among voters at political rallies will yet cause John McCain, a decent man with an honorable past, to repudiate the results of his own negative campaign ads and strategies.
- The Risks of Serving Alcohol to a Minor in Hotels, Restaurants, Nightclubs and Bars in California
The author looks at the what can happen to a restaurant, hotel, nightclub or bar that serves alcohol to a minor. Using the example of two restaurants in the Coachella Valley caught after the fact having serving liquor to minors, the author discusses the facts of two cases to show the deadly results that can follow from such actions.
- Drug Charges and Their Defense
Drug offenses come in many varieties with one common factor, the penalties for a conviction are severe and may result in lengthy prison sentences and fines. An aggressive defense is necessary. Review this article related to drug charges and their defense.