Legal Blog

Legal Blog

TEXTING AND DRIVING: WORSE THAN DUI?

TEXTING AND DRIVING WORSE THAN DUI

In recent years cell phones have become ubiquitous and texting has become a primary form of communication. While this adds convenience to our lives it also creates tremendous risks when we text while driving. The Numbers Distracted driving, which includes texting while driving, leads to accidents that cause 8 deaths and 1161 injuries every day, […]

CAN YOU GO TO PRISON FOR TEXTING?

CAN YOU GO TO PRISON FOR TEXTING

Michelle Carter is a young woman in Boston who is on trial for manslaughter. While that is tragically unfortunate, the facts of this case are also highly unusual. Michelle’s boyfriend Conrad Roy III, the victim in this case, committed suicide. So why is she on trial? Michelle is accused of encouraging the act through a series […]

WHAT TO DO WHEN THE POLICE SERVE YOU A SEARCH WARRANT

WHAT TO DO WHEN THE POLICE SERVE YOU A SEARCH WARRANT

What Do You Do When Police Serve You a Search Warrant? Officers are only allowed to enter your house without your consent if they have a search warrant. The Fourth Amendment protects you from unreasonable or unnecessary police searches and seizures. A search warrant allows police officers the right to enter your home and gather […]

A SUPREME COURT WIN FOR INNOCENT PEOPLE

LAWMAKERS PROVIDE CLARIFICATION ON INDECENT EXPOSURE

In a 7-1 opinion in March of this year, the court ruled that the current scheme in Colorado for exonerated defendants is unconstitutional and that it specifically violated 14th Amendment due process. Nelson v. Colorado challenged a Colorado law which stated that if a convicted person was exonerated on appeal (or some other type of post-conviction […]

HOW CAN THE FOURTH AMENDMENT PROTECT YOU IN A CRIMINAL DEFENSE ALLEGATION?

HOW CAN THE FOURTH AMENDMENT PROTECT YOU IN A CRIMINAL DEFENSE ALLEGATION

The Fourth Amendment to the U.S. Constitution was part of the original Bill of Rights. The amendment is designed to protect persons, houses, papers, and effects from unreasonable searches and seizures. But the Fourth Amendment did not clarify exactly what qualifies as an unreasonable search and seizure. So it has been the courts who have […]

WILL POLICE SPY ON YOU THROUGH YOUR PHONE?

WILL POLICE SPY ON YOU THROUGH YOUR PHONE

Recently, the Supreme Court agreed to review a case out of the US 6th Circuit Court of Appeals that addresses Fourth Amendment rights and cell phones. The case is Carpenter vs. United States and is significant because it can change the way digital information is accessed by police and if the access would require a warrant. Moreover, […]

10 DIFFERENCES BETWEEN FELONIES AND MISDEMEANORS

10 DIFFERENCES BETWEEN FELONIES AND MISDEMEANORS

Crimes are typically divided into two categories, misdemeanors and felonies. Though what defines these titles can vary from state to state, it is important to recognize the differences between the two. Here are 10 categories where discrepancies between misdemeanors and felonies exists. 1.The Severity of the Crimes Misdemeanors are thought to be less severe in nature […]