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In rare cases in federal court, it is possible to make the government pay for a wrongful prosecution. On November 26, 1997, Congress passed the Hyde Amendment which provides that if a defendant prevails in a prosecution brought in federal court and the court finds that the prosecution was “vexatious, frivolous or in bad faith,”…
On May 26, 2009, the Supreme Court handed down another important decision pertaining to Constitutional procedure. Almost everyone is familiar with “Miranda” rights. These are the warnings that police give suspects upon arrest. They are derived from the Supreme Court’s decision in Arizona v. Miranda, in which the Supreme Court held that suspects are entitled…
On April 21, 2009, the Supreme Court decided Arizona v. Gant. The issue in this case was whether the fact the police made an arrest of the driver automatically gave them the right to search his car. In New York v. Belton , decided in 1981, the Supreme Court had created a “bright line” rule…
Statistically about 95% of federal criminal trials result in a conviction. For federal drug cases the statistics are even worse. Today Clint and I won another federal drug trial, and as always, given the odds, the victory is gratifying. Clint was first chair in this trial and deserves most of the credit.In this case our…
On Wednesday January 14, in the case of Herring v. United States, the Supreme Court further signaled its hostility to the exclusionary rule. The exclusionary rule is the rule that does not permit state or federal prosecutors to use evidence against defendants that was acquired in violation of the law or the Constitution. Many people…
The Rights You Deserve and Can Expect to Receive You have a right to expect several things from any criminal lawyer you hire with the understanding that, like many things in life, you often get what you pay for. To further complicate the matter, there are lawyers who charge absurdly large fees and provide no…
On December 10, 2008, the Court of Criminal Appeals (the Texas Supreme Court for Criminal Cases), in a case that I argued, handed down a decision reversing the lower court. The Texas Court of Criminal Appeals is arguably the most unfriendly appellate court for criminal defendants in the country, so anytime a defendant wins in…
When a potential client calls our firm and tells us they have been charged with a criminal offense, our first question is if the charge is for state or federal court. There have been several instances where we have even represented two individuals at the same time, charged with similar crimes. Although one is in…
Usually when someone is confronted with the prospect of hiring a criminal defense lawyer they are under a lot of stress. In addition to the stress arising from the prospect of being convicted and possibly going to jail, the potential client is confronting financial stress. Not only must the potential often expend funds to make…
The Fees Criminal Lawyers Charge Tend to Vary Greatly 1. Never Hire a Criminal Attorney Without a Written Fee Contract You might be surprised how many criminal defense lawyers do not provide written fee contracts. This is extremely dangerous and leads to potential problems. Often times an attorney who chooses not provide a fee agreement…