HTJ Articles

Some states like Michigan base their sentences on offense variables. It’s crucial that you make sure your OV score is correct at sentencing.

During a search by law enforcement, you do not have to tell the police much. At most, you will have to identify yourself.

There are situations in which you can file a motion for resentencing, but those situations are limited in criminal cases.

You can be held in jail for up to 72 hours (and sometimes even longer) before you are arraigned in a criminal case.

Whether you’re in state court or federal court, the sentencing guidelines will play a role in your sentence no matter what.

You can depose witnesses in a criminal case, but it is not as common as it is in civil cases and often requires judge approval.

There are three types of witnesses in a criminal trial: a lay witness, an expert witness and a character witness.

The Presentence Investigation Report has a huge impact during sentencing, but its impact extends far beyond that.

You can file a Bivens action any time your rights are violated, but violations of the Fourth, Fifth and Eighth Amendments are most common.

Thousands of juveniles are currently housed in adult prisons across the U.S. even though we know the practice is harmful.

A defendant in a criminal case is not entitled to an expert witness. But, if one is necessary, the judge should allow you to have one.

In a criminal case, defendants are usually entitled to discovery. However, states like Virginia have very limited rules.

Courts can dismiss charges against a defendant in a criminal case if there is insufficient evidence presented by the prosecution.

A declarant-witness’s prior statement and an opposing party’s statement are hearsay exclusions. This means they are “not hearsay.”

A person cannot choose which jail or prison they will go to. Instead, authorities consider a variety of factors to determine placement.

Police can only search a person’s home in certain circumstances. But, if you consent to a search, those circumstances don’t have to apply.

If you’ve been convicted of a sex-related offense, you’ll likely be on a sex offender registry, which comes with housing restrictions.

Your Fifth Amendment rights include the right to remain silent, even during a search prior to an arrest and prior to a trial.

A Bivens action is a lawsuit against a federal government official who violates someone’s constitutional rights.

Whether you have to disclose that you’ve been to prison on a job application depends on what state you are in.