December 30, 2016

 Despite the slow erosion of individual rights in the courts, the way open to attacking drug cases revolve around pretrial motions. I only pick a few for argument’s sake but any defense attorney worth his briefcase will have many, many more avenues of attack. But I will comment here on a so-called “typical” case. Let’s say we have a vehicle stop, search, two occupants and a discovery of 200 pounds of marijuana in the trunk. In some jurisdictions this is a huge amount, in Arizona, not so much. I did a case in Illinois once involving 3000 pounds of marijuana and the judge said “Mr. Higgins, I imagine being from Arizona means that this case is not much of...

December 12, 2016

 Attorney Maggie Higgins Schmidt weighs in about this recent issue concerning cops and their body cameras: 

"A curative jury instruction should absolutely be given when an officer equipped with a body camera does not use the body camera during an encounter with a civilian."

Click on the link below to read the full news item: 

https://www.aclu.org/blog/speak-freely/if-cops-dont-turn-their-body-cameras-courts-should-instruct-juries-think-twice

December 1, 2016

So, you are charged with a crime in the United States.  Too bad, too bad for you.  Hopefully you are not taken in by the grand and wonderful concepts like “Rights of the Individual” or, worse,  “I know my rights”.  Maybe you think that the courts are there to protect those rights.  Maybe you think that the fact that you are innocent or any wrongdoing will make a difference.  Please disabuse yourself of all that. 

The United States has 5% of the world’s population but 25% of the world’s prisoners.  The United States now has more people in custody now than the Soviet Union, at its height, and Communist China, combined.  So mu...

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