Sexual assault allegations are prevalent on college campuses. Not that long ago the entire Greek System at the University of Virginia was toppled by a false sexual assault allegation which allegedly occurred at a fraternity house. Rolling Stone magazine created a story out of the false information which ultimately ended fraternities at the University of …
Nebraska Receives “C” Grade In Asset Forfeiture Protections
The Institute for Justice has released its report on civil asset forfeiture, giving grades to all 50 states and the Federal government. In the report, Nebraska received a mixed-bag grade of “C” in protecting citizens from civil forfeitures. The good news is that in order for the state to succeed in seizing assets in a …
How Do You Win Jury Trials?
A few months ago I was presenting at a seminar and was asked “how can a criminal defendant ever win a jury trial?” The inquisitive young lawyer talked about the great amount of assets at the government’s disposal to include investigators, experts, science and prejudices that work to the favor of the government. While it …
THE VARIOUS COURTS IN THE VA SYSTEM
When you are seeking VA disability benefits, there are a number of levels in the appeals process, and each one is slightly different. Here is a brief overview of what you might expect: • Regional Office with a rating specialist: this is where most veterans first start out after making a new claim. Typically, when …
WHAT IF IT WAS AN ILLEGAL SEARCH? | THE EXCLUSIONARY RULE
“…if you get stopped by a cop in Amsterdam, it’s illegal for them to search you. I mean, that’s a right the cops in Amsterdam don’t have.” Vincent Vega, Pulp Fiction. While I do not know if Mr. Vega’s comment about the rights of law enforcement in Amsterdam is accurate, it raises the question: What …
Warrantless Searches
For the most part, the Fourth Amendment to the United States Constitution indicates that searches by the government conducted without a warrant are not legal. Specifically, the Fourth Amendment provides: 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 …
Federal Drug Sentences May Be Reduced
Approximately 6,000 inmates are set to be released between October 30th and November 2nd, 2015, as the result of recent changes to the US Sentencing Guidelines. If you or a loved one has been found guilty in Federal court and incarcerated as a result of an interstate drug stop, drug conspiracy, distribution of a controlled …
Dependents’ Benefits
A veteran who has a combined total rating of at least 30 percent can receive additional monthly compensation for his or her dependents. Sometimes, there’s confusion about how to claim dependents, or how to establish that a veteran has dependents. Here’s a quick guide in applying for dependents’ benefits. A “dependent” can be a spouse, …
New Legislation Possible for “Blue Water” Navy Veterans
The recent Court of Appeals for Veterans Claims (CAVC) decision opened the door for more “blue water” Navy veterans to receive service-connections for disorders related to Agent Orange exposure. However, there have been some recent developments that might open that door even wider. News reports are now suggesting that more Navy veterans might have been …
When Should a Defendant Testify?
In any criminal case, the defendant has the right to testify and the right not to testify. If a defendant chooses not to testify, the fact that the defendant did not testify cannot be held against him in court. Furthermore a defendant in a criminal case is entitled to a jury instruction which informs the …
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