Brady Evidence and Hidden Exculpatory Information in Federal Cases
Federal prosecutors have a constitutional duty to disclose material evidence favorable to the accused. That obligation includes evidence that supports innocence, reduces culpability, undermines a government witness, or supports a defense theory.
A Brady violation can affect whether a defendant receives a fair trial. If you believe federal prosecutors...
Federal Writ of Coram Nobis: Challenging a Conviction After the Sentence Is Complete
A federal criminal conviction can continue to cause serious consequences long after a person has completed the sentence.
A prior conviction may affect employment, professional licensing, immigration status, firearm rights, future sentencing, security clearances, and other important interests.
But once the sentence has been completely served,...
Federal Preliminary Hearings: What Defendants Should Know
A person arrested on a federal criminal complaint may be entitled to a federal preliminary hearing before a United States Magistrate Judge. The purpose of the hearing is limited but important: to determine whether there is probable cause to believe...
Fifth Amendment Right to Remain Silent: You May Need to Invoke It
Most people know they have a right to remain silent when questioned by police.
But there is a dangerous distinction many people do not understand:
Simply refusing to answer a police officer's question does not always invoke the Fifth Amendment.
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Willful Blindness Jury Instruction: Suspicion Is Not Knowledge
Federal prosecutors sometimes try to prove that a defendant acted knowingly even when they cannot prove the defendant actually knew an important fact.
They may ask the judge to give the jury a willful blindness instruction, also known as a deliberate ignorance, deliberate indifference, or ostrich instruction.
Judge Posner Explains Proper Procedure Police Must Use for Photo Array Lineups
Eyewitness identification can become powerful evidence in a federal criminal trial, even when the witness had only a brief opportunity to observe the person involved. A poorly constructed photo array may influence a witness to select the government’s...
Right to Counsel of Choice in a Federal Criminal Case
The Sixth Amendment generally protects the right of a federal criminal defendant who can retain an attorney to be represented by the qualified lawyer the defendant chooses. A court may manage its calendar and enforce reasonable deadlines, but it cannot arbitrarily force a defendant to trial without retained counsel of choice.
Federal Judge Recusal Under 28 U.S.C. § 455
Every person appearing in federal court is entitled to a fair and impartial judge.
Federal law recognizes that protecting the integrity of the judicial process requires more than preventing actual bias. In some circumstances, a federal judge must step aside even when there is no evidence that the judge...
When Police Questioning Becomes Custodial Under Miranda
Police officers do not control whether an interrogation is custodial merely by telling a suspect that the interview is voluntary or that the person is free to leave. Courts examine the entire situation and decide whether a reasonable person would have felt free to terminate the questioning and leave.
Received a Federal Subpoena: What Should You Do?
Receiving a federal subpoena can be unsettling, particularly when it relates to a criminal investigation. A subpoena may require you to appear and testify, produce documents or electronic records, or appear before a federal grand jury.
Federal subpoena attorney Michael J. Petro represents individuals who receive subpoenas in connection...