General Criminal Law Overview

We approach criminal law from the starting point of a couple of foundational principles upon which our justice system is based – namely that all are innocent until proven guilty and that our rights as free persons are not bestowed upon us by the good will of government, but are inherent in nature. We are vigilant and effective in safeguarding the rights of the accused through our mastery of constitutional principles – particularly the Fourth, Fifth, Sixth and Fourteenth Amendments to the U.S. Constitution.

The Fourth Amendment prohibits unreasonable searches and seizures. This Amendment protects reasonable privacy interests of the accused by requiring law enforcement officials, outside of various exceptions (such as consent, exigent circumstances, etc.), to obtain search warrants supported by probable cause.

The Fifth Amendment requires the accused to be provided a statement of rights (Miranda Rights) before he/she can be subject to interrogation in a custodial setting. The Fifth Amendment also protects the accused from self incrimination and from being tried more than once by the same governmental sovereign for the same offense (double jeopardy).

The Sixth Amendment guarantees the accused the right to the assistance of Counsel and a right to a speedy and fair trial. Lastly, the Fourteenth Amendment guarantees, among other things, various substantive and procedural due process rights, which have application to both civil and criminal proceedings.

Knowledge and mastery of these constitutional principles are imperative in order to prevent the admission of tainted or improperly obtained evidence and to secure the rights of the accused from unwarranted intrusions upon liberty. It is our mastery of these foundational constitutional principles that is one of the key ingredients to our success in protecting the rights of our clients.