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Criminal law Archives

What is retaliatory arrest? Which story will the court believe?

In the last Supreme Court term there were few criminal cases. One that did get some attention involved retaliatory arrest. This is when an officer retaliates against someone who is exercising their First Amendment freedom of speech. It also provides a cautionary tale about the subjective nature of memory and experience.

What is genome sleuthing? And is it lawful?

Investigators have used DNA in criminal databases to help solve cases for decades. What is being pulled into these databases is increasing and raises privacy issues. Could a cheek swab to trace your roots through a service like Ancestry.com or 23andMe mean your biological information is public? Many people say yes in hopes of finding out more about where they came from and distant relatives.

Cell-site tracking information: Do police need a warrant?

Remember back to when mobile phones required a glove box or center console in the car? Today, these mini computers fit in our pockets and go almost everywhere with us. Cellular phones are rarely even used for calls anymore.

How far do your privacy rights extend in criminal cases?

Last month, the Supreme Court decided two cases that touch on individual privacy rights contained in the Fourth Amendment. One case involved a motorcycle parked in a driveway under a tarp and the other a traffic stop of a rental vehicle.

Options to wipe a criminal record clean

An arrest can happen after a momentary lapse of judgment or a youthful mistake. It is not generally representative of your character. Still, many will form lasting negative opinions based on a past arrest or plea of no contest. These opinions can prevent you from landing the job of your dreams, obtaining a professional license or moving to a new apartment.

What to keep in mind when searching for a criminal defense attorney

Abraham Lincoln famously said that "he who represents himself has a fool for a client." This is never more true than in a criminal law case. No matter how seemingly minor the charges may be on paper, any criminal conviction can come with serious consequences. These can include:

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