Obtaining a Pardon
Oct 23, 2011
The system of applying for a pardon or executive clemency varies significantly between jurisdictions. Generally speaking, if your jurisdiction has a more generous expungement law, your first recourse s...
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Expunging a Criminal Record
Oct 23, 2011
When a criminal record is "expunged", in most senses the record is treated as if it does not exist. There are limits to expungement - for example, some states maintain separate registries for people wh...
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Can I Represent Myself Against Drunk Driving Charges?
Oct 23, 2011
Generally speaking, it is not a good idea to try to represent yourself against any criminal charges.
Drunk driving may seem like a relatively minor offense, but it is in fact one of the more complicat...
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What Defenses Are Most Often Raised To Drunk Driving Charges?
Oct 23, 2011
There are several common defenses, including the following:
Incorrect or Inadmissible Test Results
A defendant may argue that the blood alcohol test figures used by the police are incorrect or inadmi...
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If The Police Ask To Search Me, My House, Or My Car, Do I Have To Say "Yes"?
Oct 23, 2011
No.You can refuse the police permission to conduct a search. Remember this - the only reason the police officer wants to perform a search is for evidence of criminal activity, and the fact that he is a...
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When Is A Person "Under Arrest"?
Oct 23, 2011
Many people think of an arrest as being a formal declaration by the police, "You are under arrest," followed by the reading of the "Miranda rights". (As seen on TV: "You have the right to remain silent...
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Can The Police Stop And Question People Who Are Not Under Arrest?
Oct 23, 2011
I am asked this question all the time. The answer simply isYes. The police can stop a person, and ask questions, without "arresting" the person. Upon seeing suspicious activity, the police may perform ...
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Do I Get Any Additional Rights From State Constitutions?
Oct 23, 2011
For the most part, the rights described in state constitutions usually resemble those in the Federal Constitution. However, many states have provisions which offer broader protections than the Federal ...
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What Are My Most Important Federal Constitutional Rights, In Criminal Proceedings?
Oct 23, 2011
I am often asked by my clients to explain what their rights really are in a particular situation.This often leads to a discussion of their rights under the Bill of Rights. A good introduction to the im...
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What Are "Constitutional Rights"?
Oct 23, 2011
Constitutional rights are those rights which are described in the Federal Constitution, and the constitution of your state. Your constitutional rights are your strongest protection against improper pol...
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