Civil forfeiture is something that occurs with regularity across the country, but because so many jurisdictions don’t provide accurate records of their activity, it’s impossible to state the amount of money/property we’re talking about with any specificity.  But let’s be clear: governments pocket billions of dollars this way. What Exactly is Civil Forfeiture? When the government—usually police—seize cash and/or property (which they can ultimately sell) that is deemed through a preponderance of the evidence to have been connected to criminal activity, it is called a civil forfeiture. Incre ..read more

When facing criminal charges, a change of venue may be appropriate in some circumstances.  What are those situations, what are the benefits of venue change? Is it something worth considering in your criminal case? When is a Change of Venue Request Appropriate? There are limited reasons for which a change of venue may be requested. Clearly, if the charges were filed in the wrong court originally, there will be a venue change. There are other reasons for a change, as well, if such a change is in the interest of justice. Ultimately every defendant deserves a fair and impartial trial, and ven ..read more

The U.S. Marshals have been charged with operating the federal Witness Protection Program in order to provide new identities to individuals who face the possibility of retribution when testifying against organized crime groups like the Mafia, for example, who terrorize communities and are involved in significantly violent crimes. The government understands that cooperation can be a genuine safety concern for witnesses and their families, and has been in the business of protecting them since 1971 as part of the Organized Crime Control Act of 1970.  Since then, nearly 20,000 people have bee ..read more

If you’ve been charged with a crime and arrested, you are no doubt feeling alarmed.  What’s next for you? Should you cooperate with police to demonstrate your innocence? Should you do whatever it takes to get out of custody?  No and no! If you are facing felony charges, your first steps have a monumental effect on your case. So sit tight and remember your rights! Remember This  First of all, it is imperative that you remain silent. It is your Fifth Amendment right, and is the first step toward avoiding self-incrimination.  It doesn’t matter how friendly or how threatening i ..read more

Numerous federal agencies are tasked with protecting the public. They include the FBI, ATF, DEA, and Federal Marshals. And while they do put a lot of bad actors away, they have been responsible for more than 150 fatalities and 80 injuries in a period of just five years.  That leads to questions about just how these agencies operate. What are the Rules?  Most people know that state and local law enforcement agencies have necessarily undergone some monumental reforms in recent years. But it seems the same is not true for federal law enforcement agencies. One major issue that remains be ..read more

If you think of police as part of the community, you realize that there is a social contract that requires trust of law enforcement among community members. How is such trust achieved?  Many experts believe the key is in transparency. Practical Implications  More than four in ten Americans report a declining perception of police and other law enforcement agencies due to a lack of transparency, suggesting that agencies need to shine more light on policies and procedures, while giving the public greater access to data and decisions made by top officials. That includes incorporating som ..read more

More and more these days, law enforcement depends on artificial intelligence (AI) in the pursuit of criminals or in making determinations on how to move forward with investigations, or even with how to determine the best punishments for convicted individuals.  What’s also more common is the fact that AI algorithms are increasingly complex and/or secret, otherwise known as black box. What are we Talking About?  Black box technologies in the criminal justice system are those that use technical algorithms to interpret DNA mises, facial recognition, and even risk assessments for recidivi ..read more

We’ve all seen countless videos of police manhandling citizens who were allegedly involved in criminal activity.  Such chronicles, generally recorded by concerned  bystanders, have alerted the public to the unnecessary use of force by officers across the country. Beyond simply videotaping arrests and other police interactions with the public, is it legal to actually live stream such incidents? While it could benefit the fight for civil rights, couldn’t it also hamper an officer’s ability to do their job, and even lead to riots and civil unrest? The Legal Question  The courts hav ..read more

A recent trend is raising alarm bells among citizens and police alike: swatting.  According to the FBI Las Vegas Field Office, swatting is actually a type of harassment that involves deceiving providers of emergency services so that they send special response teams to an address under the impression that an emergency is under way. The prank calls bring SWAT teams and others rushing to a scene where nothing unusual is occurring, but since officers don’t know the location is safe, weapons are brandished and the potential for accidents is very high. Specifics on Swatting  What kinds of ..read more

Vehicular homicide: it’s a horrendous crime on so many levels.  It means that as the person charged with the crime, you are responsible for someone’s death.  No, you didn’t intend for things to turn out this way—maybe you were behaving stupidly, and things got out of control. But someone is now dead, and the state is committed to making you pay. What Constitutes Vehicular Manslaughter?  Negligence is at the core of vehicular manslaughter charges.  Perhaps a driver exceeded posted speed limits, or maybe tried to make it through an intersection just as the light turned to red ..read more