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Criminal Law Blog

To Avoid Sitting in Jail Forever, You Have to Request a Speedy Trial

Posted on June 26, 2013 by Law Office of Brett A Podolsky

The Sixth Amendment to the U.S. Constitution guarantees defendants the right to a speedy trial. This right is granted so that an individual will not be arrested and then placed in jail indefinitely. It also helps people avoid having charges hanging over them if they are released on bail. No specific length of time is specified by law. Instead, courts look at a number of factors...

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What is an ‘Impartial Jury’?

Posted on February 19, 2013 by Law Office of Brett A Podolsky

You have the right to a fair trial with an impartial jury as guaranteed by the Sixth Amendment. An impartial jury is made up of a cross-section of the public. However, a 2012 study of 700 felony trials published by The Quarterly Journal of Economics suggested that juries without at least one member of the defendant’s race often decided against the defendant. If you are charged with...

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How Do I Post Bail?

Posted on February 7, 2013 by Law Office of Brett A Podolsky

The state of Texas recognizes that it is not always practical to keep an individual in jail while he awaits a criminal trial. As a result, many people choose to post bail instead of stay in custody. The process of posting bail is simple and can often be used to secure one’s freedom while a court case is pending. How Does Bail Work? Bail is an exchange of...

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When Can Police Conduct a Search?

Posted on January 22, 2013 by Law Office of Brett A Podolsky

The Fourth Amendment to the Constitution prohibits the government from performing unreasonable searches and seizures of people and their property. Ultimately, this means that the government must have a valid explanation in order to inspect a citizen's belongings. If police officers have consent, they can legally conduct a search. A person may give authorities the permission, or consent, to search his home, vehicle or even himself. Police...

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A Defendant’s Sixth Amendment Rights

Posted on January 8, 2013 by Law Office of Brett A Podolsky

In the Bill of Rights, the Sixth Amendment of the Constitution reads as follows: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the...

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