Mitigating factors, also known as extenuating circumstances, are facts that relate to a crime or a convicted defendant and support the argument for leniency. These factors are presented in court to reduce someone’s sentence after a conviction. For example, imagine...
Never underestimate how enthusiastically most prosecutors in the nation perform their duties. Since crimes of violence, including assault, are deemed particularly heinous, you can expect the prosecutor in your case to seek conviction aggressively. Like many states,...
Every state tries to do a balancing act between the right to bear arms and the need to control how firearms are handled for the sake of the general population’s safety. It’s important to understand that what you may consider a harmless (or even celebratory) discharge...
The U.S. Constitution offers several protections for citizens and residents alike. Specifically, The 4th Amendment protects you from unreasonable search and seizure. This means that the police cannot search your property without a valid warrant or reasonable cause for...
Someone directly threatened you either with their words or their actions, and you fought back to defend yourself. However, now you find yourself facing assault allegations. The state claims you acted with malicious intent when your actions are not intended to harm...
If you are indicted and charged with a crime, you need to figure out how to defend yourself. One of the options you can consider testifying in your own trial. But, is this the best choice? You are not required to testify in your own criminal trial. In fact, the Fifth...
You’ve been accused of domestic violence, and you know that you didn’t do anything wrong. Maybe there was an argument or something of this nature, but you never broke the law and you never harmed anyone. You’re certainly interested in what this is going to mean for...
One of the things you need to do if you have been accused of committing a crime is to talk to someone about your legal rights. After you find out that you’re part of an investigation or you have been arrested, you need to make sure you take steps to protect yourself....
Defendants in criminal cases of all kinds take plea deals all the time – and prosecutors encourage them. For the defendant, a plea deal can mean an end to the uncertainties about the criminal process and a new path forward. It can also be a wise decision when the...
Call it the “CSI effect,” or call it a general willingness to believe that science can give people the answer to anything, but people tend to think that genetic evidence – especially DNA – is absolute. It’s really not all that simple. DNA evidence can be wrong. ...