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My lawyer tells me that the closing argument is one of the most important parts of a jury trial. Why is that? The closing argument, also called the summation, is very important because it lets your lawyer put the case together to the jury from the…
A Monell Claim gives you a cause of action against the government for failure to train and supervise. These are very hard to win. In our experience, when we have a valid Monell Claim, the defendants fold almost immediately and offer to settle. A great example of a…
When there is a taser malfunction, what happens and what are difference types of taser malfunctions? A taser malfunction can happen in two ways. First the taser can fail to charge, so the officer believes that he is about to taser someone, but when they fire…
If a corrections officer assaults an inmate, can the inmate sue the corrections officer. What are Prisoners’ Rights in these situations? Prisoners’ rights cases are very difficult to win. However, the standard for excessive force is the same as if it would be against a police officer. Things that our…
What do I have to show to be successful for Malicious Prosecution in 42 USC 1983 Cases? In these cases, the following elements must all be proved by the Plaintiff: (1) prosecution for a criminal offense; (2) instigated without probable cause; (3) with malice; (4) under…
My lawyer told me that we can fight my case, but the DA has a strong case based on circumstantial evidence. What does this mean? Circumstantial evidence means facts are being presented and the person hearing those facts is asked to combine those facts to form or…
What is a C Plea in federal court. I don’t understand. A C Plea is just a negotiated guilty plea. Normally there are three types of guilty pleas in criminal law. A negotiated plea is where the parties agree on the sentence before the judge gets…
What is the safety valve? How do I get it? Do I want it? In federal court there are many various mandatory minimums. Generally speaking, mandatory minimums are bad things. A mandatory minimum prevents judges from doing what they think is right. Often times, the prosecutor’s…
Update on Mandatory Minimums Is there an update on mandatory minimums in Pennsylvania? Yes. On August 20, 2014, the Superior Court of Pennsylvania, sitting en banc, published their decision in Commonwealth v. Newman, 2014 PA Super 178. The opinion was written by Judge Ford Elliot and it gets…
In my gun case, the government is trying to bring into evidence that I was previously convicted (twice) of possessing a firearm illegally. My defense in my current gun case is that I did not possess the gun. I am not arguing in my gun case…
