The 8th Amendment to the the US Constitution is another important provision for those facing criminal charges.  It states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”  It serves as a safeguard that the “punishment should fit the crime” and that incarceration before adjudication of guilt or

I started with the 4th Amendment earlier this week.  There is another important amendment that guarantees rights in cases where one stands accused of a crime. The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings.  In criminal cases, the Fifth Amendment guarantees the right to a grand jury,

The 6th Amendment guarantees a defendant the right to a fair and speedy trial but how is that a useful right if it’s rarely used? The U.S. Courts government website says about 10% of cases go to trial. For federal charges, the National Association of Criminal Defense Attorneys did a study and found only about

Last Monday’s ruling by Palm Beach County Judge Leonard Hanser was a huge victory for Patriots’ owner Robert Kraft who was one of dozens of spa patrons allegedly caught on camera receiving illicit massages at the spa in January. He and other defendants pleaded not guilty to misdemeanor charges stemming from the footage and other

A 24-year-old Port Richey woman was booked into the Pasco County Jail after posting graphic pictures of a man’s genitals on various social media platforms. Breyanna Helen Dean, 24, of Port Richey, was detained by the Pasco County Sheriff’s Office on April 27 after allegedly circulating the illicit pictures via direct messages to an unknown

While the justice system is not perfect in this country, it is one of the most fair systems in the world.  It affords the accused every opportunity to maintain their innocence.  Besides “innocent until proven guilty”, the law recognizes the doctrine of “fruit of the poisonous tree”, a doctrine that extends the exclusionary rule to make

The law clearly states that so-called “sneek and peak” warrants are not to be used for prostitution investigations solely.  Yet, South Florida law enforcement has been doing just that for years, according to the Sun Sentinel. New England Patriots’ owner Robert Kraft was caught on one of these stings and is now facing misdemeanor charges. 

In times of crisis, the Constitution of the United States comes under scrutiny, particularly the Amendments.  Whether it’s gun rights (2nd Amendment), free speech (1st Amendment), or national security (4th Amendment).  In some cases, the crisis provokes a real Constitutional crisis eg. US citizens of Japanese origin detained during WWII or Nixon’s Saturday Night Massacre.