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Search Subject: May 2020 [Clear]

13May 2020

What About Your Rights To A Speedy Trial?

Recently, in New Jersey, a county Superior Court took on a case about a defendant whose trial was continually delayed. In fact, he was charged with a DUI in 2016 and had his trial continually delayed by the legal process for about two years. It reached a point where he entered a conditional guilty plea to resolve his case, as it was financially draining to continue through the delays.Once the...

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13May 2020

A Case For Rendering The Horizontal Gaze Nystagmus Test Inadmissible

A lawyer in Fairfax County, Virginia is arguing that the Horizontal Gaze Nystagmus test should be made inadmissible in a DUI trial. The Horizontal Gaze Nystagmus (HGN) Test is one of three standard field sobriety tests used by officers to determine an individual's level of intoxication. An individual fails the test if their eyes "wobble" too much when following an officer's finger.The lawyer states that this test is no more...

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13May 2020

What Is A "Proffer" Session?

If you are ever charged with a federal felony, you will most likely have the opportunity to attend what is known as a "Proffer" session. This is basically a meeting between federal prosecutors and a defendant and their attorneys. What happens in these sessions is that the defense tries to argue that the charges that have either been brought by the prosecution or are about to be brought by the...

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13May 2020

What Is "Brady Material?"

There was a case from long ago which changed the way prosecutors handle material they discover when investigating and prosecuting a criminal case. The case in question involved a man named Brady and another man named Boblit. The case was a classic one in which someone was murdered, the two men were both presents, one was the shooter yet they both claim the other was the one that fired the...

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