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In our previous post, we began speaking about the issue of civil asset forfeiture, which sometimes can come up alongside criminal cases. Civil asset forfeiture proceedings are separate from the criminal process, but because significant assets can be involved, it is...
Last month, Green Bay Packers defensive tackle Letroy Guion of Starke was stopped by police after he was seen swerving in his lane. In the course of the police investigation he was not only cited for drug offenses, he also became the target of what is known as asset...
Last time, we left off speaking about the importance of understanding when an arrest has taken place in the criminal process. To some, it may be obvious when an arrest has occurred and when one has not, but for those who don’t know the law, it may not be so...
In our previous post, we began speaking about the crossover between civil rights claims and criminal defense with respect to the issue of arrests. As we noted, those who have been subjected to an arrest without probable cause may be able to pursue a civil rights claim...
Police investigation of suspected criminal activity has become a very public issue, particularly given recent incidents involving the unnecessary use of deadly force. Although events of this magnitude don’t happen every day, there are many smaller incidents...
Readers have all heard the phrases, "tough on crime," and "war on drugs." Fewer have heard the phrase. "smart on crime," which is the phrase currently used at the Department of Justice in reference to changes in the way prosecutors are handling drug crimes. A primary...
Readers may or may not be familiar with Medicare Advantage plans, which are health insurance plans offered by private companies contracting with Medicare for coverage of Medicare benefits. These plans cover a wide variety of services, including hospital care, nursing...
This is our latest installment in a series of posts dealing with the issue of downward departures according to the Federal Sentencing Guidelines Manual. In this final post in the series, we'd like to comment briefly on how a criminal defense attorney can advocate for...
In our last couple posts, we’ve been exploring the topic of downward departures in the context of the Federal Sentencing Guidelines. We’ve already discussed the basic approach used by the guidelines in determining a defendant’s sentencing range for...
In our previous post, we began looking at the issue of departures from federal sentencing guidelines. Departures, as we noted, can be either downward or upward depending on the circumstances. Downward departures, to be sure, present an opportunity for advocacy in...
