Law Offices of Derek P. Wisehart
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criminal defense Archives

Will the Trump administration make marijuana illegal again?

Now that California has finally legalized recreational use of marijuana, those who indulge and the ones who make their money from its revenues are warily eyeing how incoming President Trump will view the eight states where it's now legal to use.

Know when to invoke your right to remain silent

Any criminal charge is one that can have a negative impact on your life. Not only can this effect your personal relationships, but it can also hold you back from reaching your professional goals. We understand that you might not be ready to deal with these types of effects, so it is crucial that you learn about how invoking your rights might help your defense.

Why are 'no-knock' warrants used?

Typically, even if the police have a warrant to search your home or apartment, they're going to knock first before they attempt to come in. They may show you the warrant to demonstrate that you can't refuse the request, but you still open the door for them and have some idea of what's going on.

When the police can act without a warrant

In many cases, to search a residence or make an arrest, the police need to have a warrant. Citizens are protected in this way by the Fourth Amendment. However, knowing that the reality of police work means that warrants cannot always be given out in time, there are exceptions to this rule. A few key ones are noted below:

Traumatic experiences can cloud witnesses' memories

Witness memory is not actually very reliable, despite how much it is used in court. People remember things differently than they happened or can't remember them at all. In some cases, during a traumatic experience, a witness can make a crucial error.

Infractions, misdemeanors and felonies: a brief explainer

There really are only three types of criminal charges that can be filed against an individual accused of committing an offense. Within these three types of charges there may be subsets and varying characteristics, but the three basic types of crimes still are the focus of the criminal justice system

Your Miranda rights: a few very important sentences

Even if you don't know them by their legal term, you know that the following sentences grant you some very important rights during an arrest: "You have the right to remain silent. Anything you say or do can be used against you in a court of law. You have the right to an attorney, and if you can't afford one, an attorney will be appointed to you."

Don't forget: you have the right to a speedy trial

This often gets lost in the grand topic of criminal charges and the act of defending those charges, but it is nonetheless an important element to the entire topic: how long can the police hold you for a crime you allegedly committed before they actually charge you?

Contact The Law Offices of Derek P. Wisehart

Law Offices of Derek P. Wisehart
2330 W. Main St.
Visalia, CA 93291

Toll Free: 800-742-6392
Phone: 559-429-5630
Fax: 559-636-9476
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