LAWYER UP AND SHUT UP!

[Image of the U.S. Constitution from wikipedia]

Let's assume, hypothetically, that you have been approached by a federal agent who wants to interrogate you about alleged crimes.  Do you know which Amendments to the Constitution guarantee your rights to "lawyer up and shut up?"

The Fifth Amendment guarantees you the right not to say anything which would incriminate
you.

The Sixth Amendment has been interpreted by the courts to guarantee you the right to counsel.

These are the important Constitutional Amendments and rights which allow each of us to "lawyer up and shut up!"

AMERICAN JURY TRIALS

Today, I simply wanted to write about the role of the jury in the American criminal
justice system.  After more than 38 years as a criminal lawyer, including 26 years as a
former prosecutor, and since then, over 12 years as a criminal defense attorney, I can
honestly say that, even though mistakes occur, our jury system usually gets it right!


I would much prefer my own fate to be decided by a jury of my peers, drawn from
my community, than by a judge or group of political appointees, which is often
the case in other countries around the world!


What is you opinion?

Legal Question of the Day: Is Use of Drones to Kill American Citizens Okay?

[Drone Photo from telegraph.co.uk]

So, here is the "legal question of the day:" Do you believe that using unmanned drones to kill American citizens, on U.S. soil, who are suspected of terrorist activities would be legal?

The Attorney General, Eric Holder, has stated his opinion that such an action would be legal and justified. On the other hand, yesterday and last night, U.S. Senator Rand Paul, during a thirteen hour-long filibuster of the confirmation of John Brennan as C.I.A. Director, countered that such strikes would violate our Constitution.

Who is right? What do you think?

It's Bill of Rights Day!

Did you realize that today is National Bill of Rights day!?  Yes, today, on December 15, 1791, our first ten amendments to the United States Constitution were adopted as our Bill of Rights. 

As you know, these important rights guarantee to each American the right to freedom of speech and freedom of religion, among other enumerated rights.  In the criminal law arena, these important rights also include freedom from unreasonable searches and seizures, the right to reasonable bail, the right to an attorney, and the right to confront and cross-examine witnesses.  In addition, each American is guaranteed the right to notice of charges, along with the right to a public trial.

Maybe we should celebrate and appreciate our Bill of Rights every day!  Don't you agree!?