Conviction by Headline: how to we stop the automatic presumption that someone who is arrested for a crime is guilty. Resurrecting the presumption of innocence.
criminal defense
What’s the Law: COVID-19 Edition
Void for Vagueness: It makes sense that if a law is too vague for someone to know what is or is not allowed, that’s not fair. The legal term for “fairness” is “due process.” A law that is too vague to know what it covers can be found to be “void for vagueness.” Similarly, laws […]
COVID-19 Forces Bail Reform
Incarceration Nation: Three statistics to start this off: 1) Roughly 2.2 million Americans are behind bars on any given day; 2) With 4.4% of the world’s population, the US incarcerates 25% of the world’s prisoners; 3) One-third of them have not been convicted of the crime for which they’re being held. Pretrial Detention: That’s right: […]
Not Guilty
Why I Take Cases to Trial Steve was charged with felony DWI. After two jury trials, and a prosecution that lasted over two years, he was acquitted. Here’s his story: Steve had had three prior DWIs which resulted in two things: 1) he had ignition interlock in his car (so he couldn’t start the car […]
An Open Letter to the Star Tribune
Today, again, the Star Tribune printed an article about DWI arrests that assumes all people arrested for DWI are guilty of DWI. I sent the author of that article the following letter: Mr. Harlow: I appreciate today’s article on DWI arrests, but I do have a few nits to pick. First, your article confuses being […]