Paul W. Hamilton Law Blog

During a jury trial in Berrien County on Tuesday evening, September 20th, my client was found NOT guilty after the jury deliberated for 28 minutes (after consultation with some members of the jury after the trial, I learned that the decision took all of 4 minutes---most of the 28 minutes was bathroom/snack break).
This particular case had some ups and downs.  My client was charged with both DUI less-safe (meaning he was a less skillful, less careful driver because... Read More

Client was indicted for felony theft by taking----without even being questioned by law enforcement.  ----It's true that even a ham sandwich could get indicted.

Case presented some difficulties in that a defense witness could not be located and she was critical to client's defense.  Based on the evidence, I encouraged client to plead to the lesser misdemeanor charge and pay restitution.  Doing so avoided a felony conviction where the outcome was uncertain and a trial would have been costly.

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My client was stopped at a roadblock and the screening officer smelled alcohol.  A horizontal gaze nystagmus test was administered (this is the follow the pen/finger with you eyes test that is used to observe the involuntary twitching of the eyes--which is indicative of intoxication).  While many officers administer this test, they often do it incorrectly, as did the officer in this case.  The officer stated that my client failed the test; however, because it... Read More

Overview of recent case resulting in underage DUI being reduced to underage possession of alcohol.... Read More

You may have heard about the <a href="http://sports.yahoo.com/mlb/blog/big_league_stew/post/Teen-fan-tasered-by-Phillie s-security-after-runn?urn=mlb,238457">Phillies fan</a> that was tasered after he jumped onto the field.

What did they do to stop him? They used a taser. Now really, was that necessary? Law enforcement that I have spoke to consider the taser the next to last step to subdue someone---the final step is a bullet.

I'd... Read More

Yesterday, the Supreme Court ruled that silence does not invoke one's miranda rights. In other words, after miranda is given, law enforcement can interrogate you for two hours and if you do not ask for a lawyer or affirmatively state, "I wish to be silent," they can continue to question. And if you then answer a question, it can be used against you at trial since you 'waived' your right to remain silent.

This ruling will make it even more difficult to suppress coerced statements given under exteme pressure.... Read More

The last piece of advice I give to my client at the end of a criminal case where probation is imposed is this: "Listen to your probation officer and do what they tell you to do---they are now your best friend. They can make your life easy or they can make your life hard."

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I recently received a case evaluation from Dave Cox with ... Read More