Blog Jay Leiderman Law

Category Archives: Fifth Amendment

DUI – Prescription Drugs & Drugged Driving: What Should You Know When most people think of DUI, they associate it with drinking and driving. However, in all U.S. states, someone can be charged with some form of DUI for operating a vehicle while under the influence or prescription drugs or other controlled substances. This could […]

“The Due Process Clause of the Fourteenth Amendment denies States the power to deprive the accused of liberty unless the prosecution proves beyond a reasonable doubt every element of the charged offense.” In re Winship, 397 U.S. 358, 364 (1970). Jury instructions relieving States of this burden violate a defendant’s XIV Amendment due process rights. […]

For a discussion explaining the Fourth Amendment / Fifth Amendment difference as it relates to a claim that Miranda was required because the suspect was in custody, see an excerpt below from People v. Pilster (2006) 138 Cal.App.4th 1395, at 1405-1406. When moving to suppress evidence prior to trial, it is often confusing whether to […]