BLOG BULLETS: Plea agreements may not provide enough benefits to offset the costs. Think about pleading open — when you’re client’s ready — and saving the right to appeal the sentence. Appellate issues you didn’t anticipate may arise during the sentencing process. NOW THE BLOG: My post last week about breach of plea agreements brought […]

BLOG BULLETS: The government can’t mouth its recommendation but then undercut it with other arguments. The remedy for government breach of a plea agreement, if the defendant wants it, is specific performance. The defendant is also entitled to transfer to a different judge who isn’t tainted by the breach. NOW THE BLOG: A few weeks […]

BLOG BULLETS: Low drug testing error rates don’t necessarily mean most positive tests are accurate. There’s a Ninth Circuit opinion, not just statisticians, explaining this. So think more about challenging positive drug test results. NOW THE BLOG: A couple of months ago, the FPD office here circulated an e-mail with some experiences a couple of […]

BLOG BULLETS: Use analogies to pre-computer Fourth Amendment case law for arguments on computer searches. There may be more than one analogy to consider. The analogies aren’t always helpful, so keep in mind arguments that computer searches are different and so protections should be greater. NOW THE BLOG: In my last two posts, I talked […]