In one of the last decisions of the term, the U.S. Supreme Court made it clear that criminal defendants have the right to cross-examine the forensic experts who create lab reports introduced at trial. The ruling in Melendez-Diaz v. Massachussets upholds the principal that a defendant has a constitutionally guaranteed right to confront his/her [...]
Category Archives: Criminal Law
I was pulled over, can the police search my car?
We have been discussing common questions about criminal law.
Today’s Topic: Can the police search my vehicle if they pull me over?
If you have been pulled over for a minor traffic violation, ordinarily the police may not search your vehicle for other contraband even if you are arrested for the ticket. The important question to ask [...]
U.S. Supreme Court Limits Warrantless Vehicle Searches
The United States Supreme Court limits warrantless vehicle searches in 5-4 ruling.
I Have Been Arrested. When should I See a Lawyer?
We have been exploring common questions concerning criminal law.
Today’s Topic: When Should I See a Lawyer?
If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. A lawyer will have a better sense of what you should and should not say to law enforcement [...]
I was arrested. What does that mean?
In this Series we will discuss common questions related to Criminal Law.
Today’s topic: What is an Arrest?
An arrest is a type of detention. When you have been arrested, you are not free to leave the scene. There are other types of detentions for shorter periods that are not considered arrests. For example you can be [...]
The Scarlet Letter: One Sex Offender’s Story
If you have been following this Blog, you know that The Fonteneau Firm is involved in a lawsuit challenging the Alabama Sex Offender Statute. The lawsuit challenges how the law is applied to indigent sex offenders who cannot afford a place to live and therefore cannot be released from jail. Since filing the lawsuit, I [...]
The Fonteneau Firm Challenges the Alabama Sex Offender Law
On August 8, 2008 the Fonteneau Firm and a team of other lawyers filed a challenge to the Alabama Sex Offender Law. The lawsuit, which was filed in the Northern District of Alabama challenges the portion of the law that requires sex offenders who have served their entire sentences to remain in prison until such [...]
National Criminal Defense College
For those of you who have been following the blog, you have probably noticed that I have not been posting lately. A few weeks ago I took a few weeks off from my practice to attend the National Criminal Defense College in Macon, GA. The experience was nothing short of transformative. The college, which only [...]
