Blog Posts in 2011
51 results found. Viewing page 1 of 3.
Go to page
Posted on Dec 15, 2011 By Phoenix Criminal Defense Attorney
People lie. That is an unfortunate fact about the human race. Not all people, not all the time. But it happens often enough that you have to be vigilant constantly. Typically, for both state crimes ...
Continue reading ""Testilying" Before the Grand Jury" »
Posted on Dec 14, 2011 By Phoenix Criminal Defense Attorney
What is the remedy if officers failed to obtain or preserve potentially exculpatory evidence during their investigation, and now there is no way for Defendant to obtain? For instance, the cops ...
Continue reading "Missing Evidence" »
Posted on Dec 12, 2011 By Wallin Law Office
Attorney D. Stephen Wallin comments on "Occupy Phoenix" protestors being arrested for trespassing. To watch the full video, as soon on My Fox Phoenix, please click on the link below: Charges ...
Continue reading "Attorney Wallin Featured in "Occupy Phoenix" News Clip" »
Posted on Nov 20, 2011 By Phoenix Criminal Defense Attorney
The familiar Miranda warning advises a suspect in custody that he or she has a right to remain silent. Courts have made a few exceptions--your name, for example, or officer safety ("Do you have ...
Continue reading "Does the Fifth Amendment Protect Your Password?" »
Posted on Nov 19, 2011 By Phoenix Criminal Defense Attorney
When Gov. Jerry Brown of Calfornia earlier this month vetoed Senate Bill 914 -- which would have overturned a California Supreme Court decision giving police the power to search arrestees' ...
Continue reading "Calif. Cellphone Search Case Highlights Courts' Tech Problems" »
Posted on Nov 18, 2011 By Phoenix Criminal Defense Attorney
More than 250 million photos are uploaded per day on Facebook, and in all, billions of links, blog posts and other content are shared among users each month. With the staggering amount of electronic ...
Continue reading "Social Media Evidence" »
Posted on Nov 17, 2011 By Phoenix Criminal Defense Attorney
If you have been charged with a crime, one of the first questions you want to know and need to know is, "How much time am I facing?" If you are charged with a federal crime, that means ...
Continue reading "The Final Departure of Guidelines Departures" »
Posted on Nov 16, 2011 By Phoenix Criminal Defense Attorney
Honesty and a vigorous application of Fourth Amendment principles are particularly important in child pornography cases. Because of the great stigma of these charges, illegal arrests and searches of ...
Continue reading "The Chism Chasm: Child Pornography and the Fourth Amendment" »
Posted on Nov 15, 2011 By Phoenix Criminal Defense Attorney
Let's reach back a bit to discuss an interesting, albeit disappointing, decision by the Ninth Circuit federal appeals court on the Computer Fraud and Abuse Act ("CFAA."). United States ...
Continue reading "Computer Crimes--Don't Read This At Work!" »
Posted on Nov 14, 2011 By Phoenix Criminal Defense Attorney
Child pornography can be prosecuted either as a state law crime or as a federal crime. Today's post concerns the latter. In a recent case, the Ninth Circuit Court of Appeals made it easier to ...
Continue reading "Child Pornography: Advertising vs. Distributing" »
Posted on Nov 13, 2011 By Phoenix Criminal Defense Attorney
The Ninth Circuit Court of Appeals handed down an important decision regarding duress and prosecutorial misconduct in the recent case of United States v. Sanchez. The case involved a federal crime and ...
Continue reading "Memo on Duress and Prosecutorial Misconduct" »
Posted on Oct 12, 2011 By Wallin Law Group
In Arizona, it is not illegal for police and other law enforcement officers to attach a hidden GPS device on your vehicle in order to track your whereabouts. The issue has now been brought to the ...
Continue reading "Supreme Court to Decide if GPS Tracking is Ethical" »
Posted on Sep 20, 2011 By Phoenix Criminal Defense Attorney
Whether we're talking about state or federal crimes, expert witnesses are often important to the prosecution's case. There are many reasons to hate government experts in criminal trials. Close ...
Continue reading "Attacking the Government's "Experts"" »
Posted on Sep 14, 2011 By Phoenix Criminal Defense Attorney
Under Arizona's medical marijuana program, a "qualifying patient" (that would be you, if you are issued a card) may possess up to 2.5 ounces of usable marijuana; "usable ...
Continue reading "Medical Marijuana In Arizona: What Can I Do?" »
Posted on Sep 13, 2011 By Phoenix Criminal Defense Attorney
For a variety of reasons, your doctor may not be comfortable with Arizona's medical marijuana program, and may be unwilling to give you the necessary written certification. Nothing in the statute ...
Continue reading "Medical Marijuana In Arizona: The Physician's Certification" »
Posted on Sep 11, 2011 By Phoenix Criminal Defense Attorney
I'm getting questions about Arizona's medical marijuana program, so I'm going to create several posts on that topic. One of the criticisms of California's medical marijuana program has ...
Continue reading "Medical Marijuana in Arizona: What Medical Conditions Qualify?" »
Posted on Sep 10, 2011 By Phoenix Criminal Defense Attorney
I am starting to get questions about Arizona's Medical Marijuana program. The next few posts will address that subject. "Qualifying patients" can apply to the Arizona Department of ...
Continue reading "Medical Marijuana In Arizona: Getting The Card" »
Posted on Sep 9, 2011 By Phoenix Criminal Defense Attorney
As all baseball fans know, former Yankees pitching star Roger Clemens was recently on trial for using steroids (actually, he was charged with the federal crime of lying to Congress about his steroid ...
Continue reading "Mis-Trials and Prosecutorial Misconduct" »
Posted on Sep 8, 2011 By Phoenix Criminal Defense Attorney
All lawyers have war stories, including stories about clients who self-destructed on the witness stand. One of my favorites is told by a famous lawyer I'll call Larry. In this particular case, his ...
Continue reading "To Testify Or Not To Testify...." »
Posted on Sep 6, 2011 By Phoenix Criminal Defense Attorney
Defense attorneys understand the fallibility of eyewitness identification. Many of the DNA exonerations of recent years occurred in cases where an eyewitness had positively identified the defendant. ...
Continue reading "Eyewitness (mis)Identification: Factors Affecting Validity, Part II" »
Posted on Sep 5, 2011 By Phoenix Criminal Defense Attorney
Defense attorneys understand the fallibility of eyewitness identification. Many of the DNA exonerations of recent years occurred in cases where an eyewitness had positively identified the defendant. ...
Continue reading "Eyewitness (mis)Identification: Factors Affecting Validity, Part I" »
Posted on Sep 4, 2011 By Phoenix Criminal Defense Attorney
Based on the title of this blog post, you might assume that it concerns sex crimes. Yes, it does. But not the ones you're thinking of. In U.S. v. Stanley, the issue was who can give the police ...
Continue reading "Sex and Consent" »
Posted on Sep 3, 2011 By Phoenix Criminal Defense Attorney
Prosecutors love to charge drug possession offenses and weapon charges together. If you possessed illegal drugs for sale and a firearm at the same time, you can expect to be charged with the federal ...
Continue reading "Drugs and Weapons" »
Posted on Sep 2, 2011 By Phoenix Criminal Defense Attorney
In a white collar case, the corporation often has its in-house counsel, or retained outside counsel, speak to employees. What should you do if your company is being investigated, and you are asked to ...
Continue reading "Out-House, In-House, Or Your Own House" »
Posted on Sep 1, 2011 By Phoenix Criminal Defense Attorney
Any judge, prosecutor, defense lawyer, or police officer will tell you that most crimes are alcohol or drug crimes, one way or the other. Even if the crime isn't a drug crime per se, it is often ...
Continue reading "Drug Treatment and the Federal Bureau of Prisons" »
51 results found. Viewing page 1 of 3.
Go to page