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What is exculpatory evidence? The United States Supreme Court has held that exculpatory evidence is any evidence that is favorable to the defendant on issues of guilt or punishment. Exculpatory evidence is also sometimes called “Bradyevidence” or “Bradymaterial,” a name that comes from the Court’s decision in Brady v. Maryland. Does the defendant have a right to exculpatory evidence from
The Fifth Amendment’s Self Incrimination clause prohibits the use of a defendant’s compelled statements at trial. Does this prohibition also apply at the preliminary hearing? That is the question the Supreme Court sought to answer in City of Hays v. Vogt. Background on City of Hays v. Vogt In City of Hays v. Vogt, Vogt, a police officer, was offered
Burnham & Gorokhov are top rated Federal criminal defense attorneys located in Washington, D.C.
Charles Burnham, Esq. and Eugene Gorokhov, Esq. from Burnham & Gorokhov, PLLC share their insights on defending white collar criminal charges such as public corruption and fraud. You may find more information about White Collar Criminal Charges.
Attorneys Eugene Gorokhov and Charles Burnham discuss their approach to white collar cases, including possible outcomes, deciding when to meet with the government, and other common questions. You may find more information about White Collar Criminal Defense.
This video discusses target letters in federal criminal investigations. Here we offer a basic overview of target letters: what they are, and what to do and not to do if you receive a target letter. Read more about Target Letters From Federal Law Enforcement.
Criminal cases in the United States follow, for the most part, an adversarial model. This means that each side bears primary responsibility for finding and presenting evidence supporting its arguments, while a neutral arbiter—such as a judge or a jury, decides between those competing versions of facts (or law). An important exception to this adversarial model is the Brady rule,
If you work for a federal or a state agency, you may have heard of the terms “Garrity warning” and “Kalkines warning” thrown around at the workplace. These warnings are issued when the agency is conducting an internal investigation, and there is a possibility of criminal charges being filed. If you are a federal or state government employee, it may
This video discusses top 5 things you should know about federal sentencing. If you are facing federal criminal charges and elect to plead guilty rather than face trial, you will need the assistance of a seasoned federal sentencing attorney to navigate the sentencing process. Learn more about The Federal Sentencing Process.
Last year, the Supreme Court heard oral argument in Dimaya v. Lynch, which we covered in a previous blog post. To recap, Dimaya asked whether one part of the statutory definition of a “crime of violence” under 18 U.S.C. § 16(b) was unconstitutionally vague, in light of the Supreme Court’s earlier Johnson decision striking down a similar definition for “violent
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