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What is exculpatory evidence? The United States Supreme Court has held that exculpatory evidence is any evidence that is favorable to the defendant on issues of guilt or punishment. Exculpatory evidence is also sometimes called “Bradyevidence” or “Bradymaterial,” a name that comes from the Court’s decision in Brady v. Maryland. Does the defendant have a right to exculpatory evidence from
The Fifth Amendment’s Self Incrimination clause prohibits the use of a defendant’s compelled statements at trial. Does this prohibition also apply at the preliminary hearing? That is the question the Supreme Court sought to answer in City of Hays v. Vogt. Background on City of Hays v. Vogt In City of Hays v. Vogt, Vogt, a police officer, was offered
Criminal cases in the United States follow, for the most part, an adversarial model. This means that each side bears primary responsibility for finding and presenting evidence supporting its arguments, while a neutral arbiter—such as a judge or a jury, decides between those competing versions of facts (or law). An important exception to this adversarial model is the Brady rule,
If you work for a federal or a state agency, you may have heard of the terms “Garrity warning” and “Kalkines warning” thrown around at the workplace. These warnings are issued when the agency is conducting an internal investigation, and there is a possibility of criminal charges being filed. If you are a federal or state government employee, it may
Last year, the Supreme Court heard oral argument in Dimaya v. Lynch, which we covered in a previous blog post. To recap, Dimaya asked whether one part of the statutory definition of a “crime of violence” under 18 U.S.C. § 16(b) was unconstitutionally vague, in light of the Supreme Court’s earlier Johnson decision striking down a similar definition for “violent
Imagine the following scenario: you have been charged in a multi-count indictment with several interrelated crimes—one count of conspiracy to commit wire fraud and one count of structuring. The jury acquitted you of the more serious crime of wire fraud conspiracy, but convicted you of structuring. A good outcome, right? The answer may actually surprise you, as your ultimate sentence
Money laundering charges: What is money laundering? We are experienced Federal Money Laundering Defense Attorneys in Washington, DC. Although many people think of money laundering simply making convoluted financial transactions to conceal the origin of funds obtained from criminal activity, the federal criminal money laundering laws cover a far broader range of conduct involving criminally derived property. Federal criminal money
We recently published a new page addressing the career offender status in the Federal Sentencing Guidelines.
Last Tuesday, the Supreme Court heard oral argument in Lynch v. Dimaya, a case challenging the constitutionality of 18 U.S.C. § 16(b), which defines the term “crime of violence.” As a firm, we frequently encounter these issues in our practice, and as a result have been closely following the Dimaya case. You can read our post: “Violent Felony” And “Crime
We recently interviewed Hank Asbill of Jones Day, and Professor Ellen Podgor at White Collar Crime Prof Blog graciously published the interview. The interview can be read by clicking on this link. The interview covers Mr. Asbill’s career as well as his work on the McDonnell case.
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