Across the country, police use civil asset forfeiture as a tool in the War on Drugs. When the police deem property or money to be associated with a drug crime, they can seize it. Then, the owner has to prove that the assets were not connected with a crime. If they...
The Responsive, Accomplished Legal Allies
You Want In Your Corner
Year: 2020
Why breathalyzer results can be challenged
If you're stopped for suspicion of drunk driving, the officer will ask you some basic identifying questions and then may proceed to conduct some field sobriety tests. There is a high chance they will have you blow into a breathalyzer to determine your blood alcohol...
States consider the problem of implicit race bias in jury selection
For a jury to be of "your peers," shouldn't it more or less reflect the ethic makeup of the community you live in?The U.S. Supreme Court case of Swain v. Alabama held that prosecutors cannot intentionally exclude African-Americans from juries without violating the...
Study: Many courts allow unscientific psychology tests as evidence
Recently, a report appeared in the journal Psychological Science in the Public Interest that indicated large variability in what psychological tests are being allowed in American courts. These tests are used in both civil and criminal cases and can have enormous...
In Iowa, African Americans are 7.3 times more likely to be arrested for weed
In its report "A Tale of two Countries: Racially Targeted Arrests in the Era of Marijuana Reform," the ACLU points out that marijuana arrests continue to clog the criminal justice system even though there is broad support for legalization. And, 9 out of 10 marijuana...
Supreme Court guarantees unanimous jury in serious criminal cases
The Sixth Amendment to the U.S. Constitution doesn't specifically grant criminal defendants the right to a unanimous jury, but the protection is so fundamental to justice that it is assumed. This is according to a majority of the U.S. Supreme Court led by Justice Neil...
Intoxalock Asks an Attorney: The OWI/DUI process during COVID-19
View the Blog: https://www.intoxalock.com/blog/post/owi-dui-process-during-covid19/ on Monday, April 20, 2020. With the outbreak of coronavirus, formally COVID-19, standard procedures relating to the process following a drunk driving charge have been modified in many...
Supreme Court: It’s reasonable to assume a driver is car’s owner
The Fourth Amendment of the United States Constitution prohibits "unreasonable" searches and seizures by the government, including police officers. A search or seizure can be anything from a momentary stop to a full search and arrest. Over the years, courts have...
If you violate a site’s terms of service, are you a criminal?
The federal Computer Fraud and Abuse Act (CFAA) could be considered a harsh law by any standards. For the offense of "accessing a computer and obtaining information," you could be sentenced to up to 5 years in federal prison on a first offense.Could you be sentenced...
Supreme Court: States may determine their own insanity defenses
Traditionally, the insanity defense has been available in two situations: Due to a mental illness or defect, the defendant could not keep his actions within the dictates of the law. Due to a mental illness or defect, the defendant could not appreciate the wrongfulness...
