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The Balance of Power

As promised, this week I want to talk about the balance of power in a criminal prosecution. To do that we will start with a fictional criminal offense and an allegation made that you dear reader have committed it. The scale at this time is fully tipped in favor of the prosecution side of the

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How TV Courtrooms Influence Public Perception

Television does a reasonably good job of entertaining us with crime/drama and lawyer (mostly prosecutor) shows. But it is a poor educator of how the system actually works. There is one producer who decided some 20 plus years ago to make the prosecution of cases the “go to” format for lawyer shows. Gone were the

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Exercise Your Rights Pt 2

I know that I may sound like a broken record, but a new opinion just released by the U.S. Court of Appeals for the Tenth Circuit drives home my point about exercising your rights when confronted by law enforcement agents. The case is unpublished, which only limits it use by lawyers and court as to

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Exercising Your Rights

I want to re-visit a couple of topics which I have covered a few months ago. They are your Fifth and Sixth Amendment rights. Most people are readily familiar with the Fifth Amendment’s preclusion of the government forcing you to be a witness against yourself, the popularly phrased right to remain silent. The Sixth Amendment

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Constitution Day

Today September 17 is Constitution Day. On this date in 1787 the current Constitution was signed and sent for ratification by the states. Most people have little knowledge or understanding of the Constitution, mainly because most of the rights which people reference are not in the Constitution but rather are in the Amendments. Most people

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Taking Stock After 9/11

Today is September 11 or as often nominated 9/11. There are many posts and notices to Never Forget on the web, on television and other media, this 17th Anniversary. While I think we should remember those actions that infamous day (to borrow from FDR), I think we should also take stock since that day. The

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As Summer Comes to a Close

As we wind down the season going into the last week of August, I hope everyone had a great and government contact free Summer. I was thinking about how busy this Summer was for me. I presented a seminar on state law issues and Federal firearms prosecutions at the Oklahoma Criminal Defense Lawyers Association, annual

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When Finding Counsel

Perhaps I should take a few minutes and discuss what a person should look for when needing to retain counsel for a legal matter. I will restrict this narrative to someone needing a lawyer for a federal criminal case, though the qualities I discuss will have broader application than just this limited discussion. Some of

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Need for Neutral Magistrates

I wrote a posting last week regarding the importance of a free and impartial judiciary and somewhere it is still bouncing around in cyberspace. But it is an important topic which bears some re-statement on my part. The need for a neutral and detached magistrate (to use the Constitutional descriptor) is as obvious as it

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To Sit On The Bench

Hope everyone had a festive and safe 4th of July holiday. Time to get back to the task of learning and protecting your civil rights which that holiday celebrates.   Having a law practice which is focused on federal criminal prosecutions requires keeping abreast, or informed, of the latest cases as well as the appointment

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