What is a criminal defense?

Federal law states that anyone who uses a firearm in connection with a crime of violence or a drug-trafficking crime is subject to enhanced punishment. But what exactly does the word “uses” mean? Although the statute itself does not define this word, the United States Supreme Court has discussed its meaning in at least three different cases. This article examines those cases.

Federal Rule of Criminal Procedure 5 states in part that “[a] person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, . . ., unless a statute provides otherwise.”

But what happens if the police violate this rule and the arrested person confesses to committing a crime after he is arrested but before he is taken before a judge? This article examines a U.S. Supreme Court case which addresses this question.

In a recent case called Michigan v. Fisher, the United States Supreme Court ruled that a police officer may enter a home without a search warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury. This article examines the Fisher case.

One frequently-used way of getting a reduced sentence in a federal case is for the defendant to provide substantial assistance to the Assistant United States Attorney and to other law enforcement agents.  Such assistance often consists…

          Anyone who is considering pleading guilty to a federal crime should be concerned not only about the actual crime he is pleading guilty to but also about any additional facts he is asked to agree to as part of…

The Double Jeopardy Clause, which is contained in the Fifth Amendment to the United States Constitution, states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.”
This…

A minimum mandatory sentence is a minimum prison sentence that a judge must impose for a particular crime, without consideration of mitigating circumstances. In federal court, there are only two ways to avoid such a sentence: safety valve and cooperation. This article examines these two provisions of federal law.

A lot depends on where your garbage is located.

The right to a speedy trial is found in the sixth amendment to the U.S. Constitution.

The double jeopardy clause contained in the fifth amendment to the United States Constitution protects an accused individual against three things.