Monthly Archives: July 2021
The Difference Between “Actual” And “Constructive” Possession Of Illegal Drugs
In order to be convicted of drug possession, the prosecution must prove beyond a reasonable doubt that you had “actual or constructive” possession of the illegal substance in question. Actual possession is just what it sounds like–i.e., the police actually find the drugs on your person or somewhere within “arm’s reach” that is under… Read More »
When Can The Police Rely On “Exigent Circumstances” To Search Me Without A Warrant?
The police must typically obtain a warrant before taking a sample of your blood as part of a criminal investigation. For example, if a police officer pulls you over on suspicion of drunk driving, if you do not consent to a blood draw, then the officer must ask a judge or magistrate to issue… Read More »
When Is A Criminal Defendant “Mentally Incompetent” To Stand Trial?
There are some situations where a person is arrested and charged for a crime yet has no idea what is actually happening. Due to a mental illness, they may be incapable of understanding the nature of the charges against them, much less be in a position to assist in their own defense. In this… Read More »
Can A Judge Dismiss A Juror In The Middle Of Deliberations?
One of the most basic principles of American legal system is that a jury must reach a unanimous verdict to convict a defendant accused of a crime. Jurors are expected to be impartial and determine the facts based on the law, as instructed by the judge. While a judge may dismiss a juror once… Read More »
