Recent Questions

What Constitutes “Using” a Gun and Why Does It Matter?

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.

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When is a Confession Not Admissible in Federal Court?

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.

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When Are the Police Allowed to Search Your Home Without a Warrant?

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.

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What is a Proffer and Why is it Important?

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 of providing incriminating information about other defendants in…

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Why Should You Be Especially Careful When It Comes to the Federal Sentencing Guidelines?

          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 plea…

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What is the Double Jeopardy Clause?

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 Clause is…

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How Can You Avoid a Minimum Mandatory Sentence in Federal Court?

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.

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Can the police search my garbage without a warrant?

A lot depends on where your garbage is located.

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What is the right to a speedy trial?

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

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What is double jeopardy?

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

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About Ron Chapman

Ron Chapman

Ron Chapman practices criminal defense in both State and Federal Courts within the State of Florida. For the past 19 years, Mr. Chapman has been representing people who have been accused of committing various types of crimes such as DUI, domestic battery, economic crimes, animal abuse, traffic crimes, murder, manslaughter, crimes against children, sex crimes, crimes against the elderly, appeals, and violations of probation. more »