The Motion to Suppress: A Necessary and Important Defense Tool.

“In the jealous regard for maintaining the integrity of individual rights, the [Supreme] Court gave life to Madison’s prediction that ‘independent tribunals of justice . . . will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights.’”  Mapp v. Ohio, 367 U.S. 643, 647 (1961). The Exclusionary Rule.  More … Read More

Surprise! The Life of a Criminal Case After a Preliminary Hearing

The preliminary hearing is a critical but often frustrating phase for defendants going through the criminal-justice system.  While on the one hand the preliminary hearing can be a prime opportunity to resolve a case from going any further at the expense of the defendant’s reputation and pocketbook, as I explain to my clients (more times than not), the preliminary hearing … Read More

Anything You “Type” Can Be Used Against You

Social media is increasingly becoming a larger component of our lives. Because more of us are preserving our daily activities on various social media platforms, there is a concern that access to those postings could have drastic effects upon the outcome of legal proceedings.  Fortunately, an attorney’s subpoena power is not sufficient to produce that information, however there are procedures … Read More

Protecting You From Your Past

Your past can haunt you!  That’s true in life, and it can be true in the courtroom.  Take Bill Cosby as an example. Bill Cosby is facing trial on sexual-assault charges related to one alleged victim.  As part of that case, the prosecution wants to call 13 other women as witnesses who allege that Cosby also assaulted them before the … Read More

How Your Rights May Hinge Upon “Momentary and Minor” Violations of the Law

How Your Rights May Hinge Upon “Momentary and Minor” Violations of the Law

Perhaps one of the most important rights to be guaranteed under both state and federal constitutions is the right to be free from unreasonable searches and seizures. This right places a check upon the government so that it may not whimsically interfere with our personal space. However, when it comes to driving, drivers should be wary that the most “momentary … Read More

The Unintended Consequences of Your Words

The Unintended Consequences of Your Words

Words have power! Recently, as I was out for a late-night snack, I came across an advertisement of a local restaurant that read: “If you’re smiling we’re hiring.” This sign made me think back to Contracts class in my first year of law school. Particularly, I recalled a case that many first-year law students read about, which considered whether a … Read More