Recent Posts in Criminal law Category
Posted on May 7, 2012 By Jerry Wallentine
Roughly one million felony convictions are filed every year compared to 10 million misdemeanors . As a result, many argue that due process is wholly ignored for defendants accused of a misdemeanors. ...
Continue reading "Quick to Charge Misdemeanors" »
Posted on Apr 16, 2012 By Jerry Wallentine
Two Assistant District Attorneys in Oklahoma were recently fired for allegedly withholding favorable evidence from the defense. The prosecutors' misconduct is known as a Brady Violation. David ...
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Posted on Apr 3, 2012 By Jerry Wallentine
Should police be able to strip search a person? The Supreme Court thinks so. The United States Supreme Court has now paved the way for the utilization of strip searches by law enforcement when any ...
Continue reading "Supreme Court Allows Strip Searches" »
Posted on Feb 29, 2012 By Jerry Wallentine
California Senator Mark Leno, a democrat from San Francisco proposed earlier this week that simple drug possession be charges be misdemeanors instead of their current felony status. He argued that ...
Continue reading "Lawmaker Proposes Simple Possession To be a Misdemeanor Instead of a Felony" »
Posted on Feb 8, 2012 By Jerry Wallentine
43 year-old Eli Escalera tried to rob a bank in Stock Island, Fla., "disguising" himself with a pair of shorts on his head. Allegedly, Escalera gave the bank teller a note that said ...
Continue reading "Wearing Shorts Over Your Head Isn't A Good Disguise For A Robbery" »
Posted on Feb 3, 2012 By Jerry Wallentine
As a criminal defense lawyer , I often visit my clients in custody. I am always surprised to see so many elderly people incarcerated. It seemed to me that the number of elderly people who were ...
Continue reading "Elderly Inmates On The Rise" »
Posted on Jan 30, 2012 By Jerry Wallentine
Fourth Amendment Protects Text Messages Cell phone owners have reasonable expectation of privacy subject to Fourth Amendment protections that phone company’s ability to access does not negate. ...
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Posted on Dec 29, 2011 By Jerry Wallentine
As a criminal defense lawyer, I often evaluate whether what the police did was Constitutional in light of the 4th Amendment, regarding searches and seizures. Sometimes the legal issue is clear, but ...
Continue reading "Search and Seizure of Backpack" »
Posted on Dec 14, 2011 By Jerry Wallentine
Interesting article regarding medical marijuana . If you've been charged or arrested for drug possession or paraphernalia possession, contact our Kansas criminal defense firm to speak with an ...
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Posted on Dec 6, 2011 By Jerry Wallentine
A recent New York Times article portrays the phenomenon of law enforcement personnel losing their jobs and promotion opportunities because they believe that drugs—especially ...
Continue reading "Officers face loss of jobs for advocating legalization of drugs" »
Posted on Dec 5, 2011 By Jerry Wallentine
Is plea bargaining unconstitutional? An article published by the Cato institute lays out a strong argument that it is. The essence of the problem is this: when the accused do not accept plea bargains, ...
Continue reading "Are plea bargains unconstitutional?" »