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Criminal Defense Archives

Facial recognition could get you broadly banned after shoplifting

Sometimes, the non-court consequences of criminal activity are as serious as the consequences of a conviction. These "collateral consequences," however, have traditionally come as the result of criminal prosecution. Most of the time, society doesn't inflict serious consequences on people who have never been convicted.

AP review shows the stunning consequences for felons who vote

According to some Iowa prosecutors, it doesn't matter if it was a mistake. It doesn't matter if they asked for a provisional ballot. The only thing that matters is that they were a former felon and they voted or attempted to vote.

SCOTUS unanimously rules states can't impose excessive fines

Did you know that your property can be seized simply because you have been accused of a certain crime? You don't even have to be convicted. When police decide your money or property is connected to criminal activity, they can seize it in what is called a civil forfeiture proceeding.

Supreme Court may rule some forfeitures are 'excessive fines'

The use of civil forfeitures has been called "policing for profit." The civil forfeiture process usually begins when someone is charged with a crime, either at the state or federal level. At that point, police and prosecutors may find that some of the defendant's money or property is connected to criminal activity. In essence, the prosecutor charges these valuables with being connected to or the proceeds of crime. The defendant bears the burden of proving that they were not. If the defendant fails to prove that, the police and prosecutor's office get to seize the money and property permanently -- even if the defendant has not yet been convicted of any crime.

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