by John Olash | May 22, 2014 | Criminal Defense
The rape shield law is found in Kentucky Rule Evidence 412, (KRE 412). In cases involving alleged sexual misconduct, evidence is generally not allowed if it is offered to prove that the alleged victim engaged in the other sexual behavior or is used to prove an...
by John Olash | Feb 24, 2014 | Criminal Defense
The most important case for criminal discovery is Brady v. Maryland (1963). Brady established an accused’s due process right to ‘favorable evidence that is material to guilt or punishment.’ Material evidence is defined as evidence that would create...
by John Olash | Feb 7, 2014 | Criminal Defense
Virginia lawyer who advised client to delete Facebook posts gets a five year bar suspension and losses over $500,000.00. The lawyer represented a man whose wife died in a motor vehicle accident. A commercial vehicle (cement truck) crossed the centerline and crashed...
by John Olash | Feb 6, 2014 | Criminal Defense
The Grand Jury was originally designed to protect the public from overzealous and unwarranted prosecutions. Unfortunately, the Grand Jury has morphed from a public shield to a prosecution sword. While the Grand Jury by design is an ‘independent body,’ in...
by John Olash | Feb 4, 2014 | Criminal Defense
18 U.S.C. § 371 states: If two or more persons conspire either to commit any offense against the United States or to defraud the United States, or any agency therein any manner or for any purpose, and one or more of such persons do any act to effect the object of the...
by John Olash | Feb 4, 2014 | Criminal Defense
The National Transportation Safety Board (NTSB) is advocating lowering the legal limit for drunk driving from .08 to .05 blood alcohol content in all states. The NTSB claims a third of US traffic deaths are related to alcohol highway fatalities. At a...
by John Olash | Feb 4, 2014 | Criminal Defense
Under Qualified Immunity Doctrine public officers and employees are shielded from liability for negligent performance of discretionary acts in good faith and within the scope of their authority. Discretionary acts involves the exercise of discretion and judgment or...
by John Olash | Feb 3, 2014 | Criminal Defense
Most people believe that all prosecutors are noble and fair. The public believes all prosecutors are lawyers of integrity. Criminal defense attorney knows that many prosecutors are not fair. Criminal defense attorneys know many prosecutors will do virtually...
by John Olash | Jan 22, 2014 | Criminal Defense
On Monday, June 17, 2013, the US Supreme Court, in a 5-4 decision, ruled that a suspect’s failure to answer a police officer’s questions before an arrest may be used against him at trial. In other words if you are not under arrest you do not have the...
by John Olash | Oct 31, 2013 | Criminal Defense
LAW’S HARDEST CASE TO DEFEND (THE DRUNK DRIVER) v. LAW’S EASIEST CASE TO DEFEND (THE NEGLIGENT DOCTOR) By John Olash. Imagine defending a doctor accused of medical malpractice and not having the use of an expert witness. Imagine defending a...