A Person is Innocent Until Proven Guilty in Criminal Cases

One of the most basic principles in the American legal system is that a person who is accused of a crime is innocent until proven guilty.  This principle is the bedrock of our criminal justice justice system, and should be remembered by everyone who is involved in a criminal case.

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Federal Habeas Corpus

After a criminal defendant has been convicted and sentenced and completed his or her direct appeal and state post-conviction relief proceedings, the defendant has one final means to challenge his or her conviction and sentence. This final proceeding is called a federal habeas corpus proceeding, which is found at 28 U.S.C. section 2254 (prisoners in state custody) and 28 U.S.C. section 2255 (prisoners in federal custody). Habeas corpus is defined as a writ requiring a person to produce a prisoner at a designated time and place so that the court can determine the legality of the prisoner’s detention and whether to order the prisoner’s release.

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Brady v. Maryland and Exculpatory Evidence in Criminal Cases

In the United States Supreme Court case of Brady v. Maryland, 373 U.S. 83 (1963), the United States Supreme Court held that a prosecutor who suppresses evidence favorable to the criminal defendant upon request violates the defendant’s right to due process where the evidence is material either to guilt or to punishment, irrespective of the good or bad faith of the prosecutor.  This is the law of the land in the entire United States, and applies to prosecutions in every state and also at the Federal level.

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Dealing with Interstate Detainers, Out-Of-State Warrants, and Criminal Charges in Multiple States

It is somewhat common for people to have warrants or pending criminals case in multiple states.  This can complicate matters and lead to unfavorable outcomes, yet if handled properly can result in outcomes more favorable than might have been had with charges in a single state.

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Gun Rights Restoration for Illinois and Iowa Residents

Those who have been banned from gun ownership due to a criminal conviction or other disqualifying event in Illinois or Iowa can seek a restoration of their gun rights.  This is a somewhat involved process that must be handled properly in order to have the best chance of succeeding.  My firm has represented many clients in Iowa and Illinois to seek such a restoration of their gun rights.

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