CRIMINAL DEFENSE FORUM By: Mark Eiglarsh THE SCENARIO A middle-aged man, Kyle, returns home to his wife and children after serving in the U.S. military for a number of years. Upon his return home from duty, Kyle volunteers to help war veterans who struggle with combat-related anxiety and mental health…
Articles Posted in Articles of Interest
Drunk Driving Arrest Was Completely Bogus!
If you’ve got a pulse, you’ll be angered by this one. Milwaukee County Sheriffs Deputy Joseph Quiles alleges in his official report that he was driving his squad car when he came upon a stop sign. He claims that he stopped his vehicle and then looked both ways before pulling…
Can You Legally Audio Record Police During A Florida Traffic Stop?
INTRODUCTION This really happened, recently. Brandy Burning, a single mom, was unlawfully driving in the HOV lane. That caused Broward County, Florida sheriff Lt. William O’Brien to pull her over. After some brief conversation, Burning then said the following to the deputy, “Oh, I forgot to tell you I was…
Careful, You Could Get Sued For Your Tweets
“That lawyer is a scumbag!” “That doctor rips off his patients.” “My professor is a total pervert.” Be careful. Depending on what words you use, your Tweets could subject you to a lawsuit. Just ask Courtney Love. In a landmark case, singer-actress Courtney Love is currently being sued for libel…
Why So Many Innocent Are Convicted. Brady, Brady, Brady!
“Brady.” For most, that word conjures up other words and phrases that include, “Marsha, Marsha, Marsha!” It also may spark words like, “The Bunch,” “Greg,” and/or even “Sam the Butcher.” Others may think of “the man that has it all,” star Patriot quarterback Tom Brady. For most of us who…
Facing A Life Sentence For Simply Pushing Someone
You’re having a really bad day. You figure it would be a good idea if you clear your head by going for a brisk walk around the block. While on your walk in your neighborhood, a car pulls up next to you. The passenger lowers his window and yells some…
Prosecutor In Michael Mortion’s Wrongful Murder Conviction Criminally Punished
Christine Morton was attacked and killed at her home on August 12, 1985. Although her husband Michael Morton was at work at the time, authorities suspected him, and he was later charged and convicted for the murder. Morton spent nearly 25 years in prison for this wrongful conviction. Fortunately, a…
Pleading The Fifth In Florida Courts
I wasn’t surprised at all. Aaron Hernandez, former star tight end for the New England Patriots, who is facing first degree murder charges, will plead the Fifth Amendment in his pending civil lawsuit. In that federal suit, Hernandez is being accused of shooting 30 year old Alexander Bradley in the…
Montana Appeals a Mere 31-day Sentence of a Man Convicted of Raping 14-year-old
A Montana teacher, Stacey Dean Rambold, was charged with three counts of sexual intercourse without consent in 2008. Rambold plead guilty to the rape and he was sentenced in August and released from a Montana prison on probation the next month. The teenage victim, Cherise Morales, took her own life…
Bond Amount Can Depend On Cops’ Decision Alone
I’m often asked to write about real cases that I’ve handled and/or learned about first hand that provide insight into the criminal justice arena. Here’s one that I remember that sheds light on how random a defendant’s bond can be. I was involved in a Florida criminal case where the…