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Criminal Defense Archives

If you're facing extradition, you need a defense attorney now

People travel all of the time for both business and pleasure. The more you travel, the less likely you are to carefully investigate laws and cultural issues at a destination. After all, if you immersed yourself in the culture of every place you traveled, it could be overwhelming. Failing to do so, however, can have consequences.

What you need to know about assault and battery charges in Florida

In Florida, assault and battery are two different charges, even though you often hear them used together. In addition to these two charges, which are typically misdemeanors, more serious offenses include aggravated assault and aggravated battery are treated as felonies.

When it comes to proving criminal charges, it’s all about the evidence, P.3

We’ve been writing in recent posts about neuroscience evidence in criminal cases, and the court system’s reluctance to accept such evidence because of its perceived lack—perceived or actual—of reliability. Reliability, we noted, is a big issue with any piece of evidence, and one of the tasks of a criminal defense attorney is to ensure that the evidence prosecutors are presenting in support of charges meets minimum standards of reliability.  

When it comes to proving criminal charges, it’s all about the evidence, P.2

Last time, we began looking at the issue of neuroscience and its increasing use in criminal cases. As we noted, neuroscience evidence is introduced in a fair number of cases, but there is still a great deal of caution about permitting such neuroscience evidence in court.

When it comes to proving criminal charges, it’s all about the evidence

Although there are many potential fronts on which a criminal defense case can be fought, the primary one is the evidence. Prosecutors are required to demonstrate with relevant and reliable evidence that the defendant is guilty of each charge, beyond a reasonable doubt. When the evidence just doesn’t reach this bar, it isn’t possible to convict. Dealing carefully with evidence, therefore, is a central aspect of an effective criminal defense case.

Could fantasy sports be next in line for a white collar crime crackdown?

As Super Bowl 50 draws near, we would like to remind you to take a look at our recent white paper: Are You Committing A Federal Crime By Playing Fantasy Sports? Despite the widespread popularity of fantasy sports, it is not entirely clear whether the activity is actually legal.

Online communications and criminal investigation, P.2

Last time, we began speaking about privacy rights in the context of criminal investigations involving online communications. As we pointed out, federal law currently does not require investigators to obtain a warrant for email and other online communications which are 180 days old. Federal courts have taken different positions as to what exactly the Constitution requires when it comes to police accessing email communications and when people lose privacy protections with email.

When social media impacts the criminal process, P.3

We've been looking at the use of social media in the criminal process in our last couple posts, focusing particularly on evidentiary issues. As we've mentioned, defendants in cases where prosecutors attempt to introduce evidence of social media communications should explore potential authentication issues with an experienced criminal defense attorney.

When social media impacts the criminal process, P.2

In our last post, we began looking at the issue of social media as used in both criminal investigation and prosecution. As we mentioned, two important sets of issues that can come up with use of social media in criminal prosecution are evidentiary issues and constitutional issues.

Mark J. O'Brien's cases have been featured in:
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