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Posts tagged "Criminal Defense"

Probable cause and electronic information

When Virginia police officers want to search a suspect's home, car or possessions, they generally must first obtain a search warrant, and the judges who issue these warrants only do so when they are presented with probable cause to believe that useful evidence will be discovered. It may be logical to believe that the Fourth Amendment is pervasive and protects confidential electronic information just as it does personal papers, but that is not currently the case.

False confessions and ignored evidence in high-profile cases

Police officers in Virginia and around the country are often put under great pressure to make an arrest when the cases they investigate attract a lot of media attention. A study published in the Northeastern University Law Review suggests that this pressure results in detectives developing tunnel vision and ignoring potentially exculpatory evidence after they have identified a prime suspect. This was the conclusion that criminologists from Texas State University reached after studying 50 wrongful conviction cases.

Supreme Court declines to expand double jeopardy protections

Virginia readers might be interested to learn that, on June 17, the U.S. Supreme Court rejected a bid to expand double jeopardy protections for individuals charged with state and federal crimes. Experts say the case could impact President Donald Trump's former campaign manager, Paul Manafort, who was convicted on federal charges during Special Counsel Robert Mueller's Russia investigation and could additionally face state charges.

Neighborhood crime apps may cause racial sterotyping

Violent crime has decreased sharply over the past decades in Virginia and across the United States. According to data from the Federal Bureau of Investigation, violent crimes fell 49 percent from 1993 to 2017. New neighborhood crime prevention apps, though, may have users feeling otherwise.

How some breath tests may react to a low-carb diet

Some people in Virginia have medical conditions that may cause false positives on a breath test for blood alcohol content. An attorney for a man in Texas got the man's DUI charge dropped because the man was in ketosis from his low-carb diet. In ketosis, people may breathe out isopropyl alcohol. Not all breath tests can tell the difference between isopropyl and ethanol alcohol. Diabetes and GERD are among the other conditions that could cause a false positive for similar reasons.

Police arrest man on domestic assault and other charges

While most cases of domestic assault are perceived to involve a person and a spouse or a person with whom he or she is in a relationship, there are many other ways in which there can be these types of charges made. Simply getting into a physical dispute with a family member can result in domestic assault charges. In many cases, there are other charges accompanying the domestic abuse allegations. Having comprehensive legal assistance with acriminal defense is therefore often imperative in these cases, lest an accused individual wants to face serious penalties.

What is expungement?

Many people in Virginia may have heard of expungement, but may not know what it means. Expungement, in its simplest term, is the "sealing" of one's legal record of an arrest or criminal conviction. While the arrest or conviction for most intents and purposes does not appear on a person's criminal background, it does not mean that it completely erased. It can still be accessed and used under certain circumstances.

Man accused of committing homicide in Virginia back in 2014

A person accused of homicide back in July 2014 has recently been apprehended by police. The first incident first took place on an early morning in July 2014, when police responded to a report of shots being fired in the area. When police arrived at West Queen Street in Hampton, Virginia, they found a 25-year-old person suffering from life-threatening gunshot wounds. Later in the same area, they found a man on the sidewalk of North Back River Road dead.

Man killed following alleged robbery in Norfolk

An alleged robbery gone awry in Norfolk, Virginia, has left a 48-year-old man dead, according to authorities. Police responded to the scene of the man's house on Dungee Street in Norfolk where they found the man with serious injuries. He was immediately transported to Sentrara Norfolk General Hospital where he was pronounced dead.

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