Law Office of Brett A. Podolsky - Criminal Defense Attorney

The American justice system is based on the criminal process. “Criminal process” is a term that means “how criminals are caught and punished.” There are certain steps taken by law enforcement in order to catch and punish criminals. They take a long time and involve numerous steps in order to prevent one person in law […]

An individual may choose to file for an appeal at the conclusion of his criminal trial. An appeal asks a court of a higher jurisdiction to look at the presented issues and decide if the lower court made a mistake. An appeal is not a new trial nor is it a way for the defendant to […]

Anyone who has watched a police television show has heard Miranda rights being read to a person. However, many people may not know exactly what they include or when they apply. The Supreme Court created Miranda rights in the court case of Miranda v. Arizona. Each defendant must be advised of the following items: A […]

When the police arrest an individual, a certain process must take place. The Fourth Amendment to the U.S. Constitution guarantees certain rights to citizens. Therefore, law enforcement agencies must adhere to procedural requirements when making arrests. The best way for a person to safeguard his or her rights is to have assistance from a lawyer […]

A judge can declare a mistrial for a variety of reasons, such as a mistake being made during the proceedings or jury misconduct. Once a motion for a mistrial is made, the judge has the power to rule for or against the motion. If the motion is granted, the prosecution may be able to start […]