Many people simply don’t understand the rights that are guaranteed to them under the Constitution, how these rights impact the level of compliance that is required when they interact with law enforcement, and what to do when approached by police officers. There are plenty of laws that are misunderstood or completely unknown by the general…
Under the Fifth Amendment to the United States Constitution, a person cannot be compelled by the government to provide incriminating information about himself or herself. This fundamental protection applies to all criminal proceedings in Wyoming and South Dakota, and understanding how to invoke it properly can be crucial to protecting your rights. The Fifth Amendment…
The United States Supreme Court decided Miranda v. Arizona in 1966. In that case, the court ruled that when a suspect is in custody and is going to be interrogated, the police must give the suspect specific legal warnings regarding their 5th Amendment right to remain silent and their 6th Amendment right to an attorney….
Admission by silence occurs when a defendant’s silence in the face of an accusation is used against him in court. Admission by silence is only admissible in limited circumstances. However, it is important to know when silence can be used against you in a court of law. Admission by silence is based on the idea…
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, or the things to be seized.” The Fourth Amendment…
Charges of resisting arrest and obstruction of justice are serious, and the penalties can be severe. Prosecutors take these cases seriously and will pursue them aggressively, especially if a police officer was injured or killed. But an experienced criminal defense attorney can defend you against charges of resisting arrest and obstruction of justice by thoroughly…
Police officers who are on-duty, in uniform, displaying a badge, and carrying lethal and non-lethal weapons issued by the police department are clearly engaging in law enforcement duties and acting “under color of law.” But what about police officers who are off-duty but still in uniform? Off-duty but working for a private security firm? Or…
Anytime you appear in court, it is useful to understand the nature of the hearing, who will be present, what the court is expected to address, and what is expected of you as a defendant. If you have been arrested and charged with a crime, before you can be released on bail the court may…
Cross-examination is one of the most difficult parts of a trial for a witness or a criminal defendant. In fact, in all but a few rare instances, most criminal defense attorneys advise their clients not to testify at trial, precisely because they would face the possibility of being cross-examined by a prosecutor intent on convicting…
A criminal pre-trial hearing is a scheduled court appearance that takes place after your initial appearance or arraignment. In both Wyoming and South Dakota, the purpose of a pre-trial hearing is to address legal issues early, streamline the case, and determine whether the matter will proceed to trial. These hearings also serve as key checkpoints…
