Archives for October 2014

Considerations in Appointing a Child’s Guardian in a Will

There are many reasons to create a Last Will and Testament, but for parents with a minor child, appointment of a child’s guardian is among the best.  Doing so may be a parent’s best chance at choosing a child’s guardian angel. Estate planning has many facets including property titles, trust documents and more, but none […]

Federal Restrictions on Gun Ownership by Convicted Felons

Federal law provides significant penalties for felons in possession of weapons, unless the felon has his rights restored by the convicting state. Anyone who has been convicted of a felony is banned by federal law from ever possessing “any firearm or ammunition.” Specifically a person “convicted in any court of a crime punishable by imprisonment […]

The Sixth Amendment’s Right to the Assistance of Counsel

Thanks to television police reading the Miranda Warnings people are familiar with a criminal defendant’s right to an attorney and that an indigent defendant may have appointed counsel. Such protections have not always been part of United States law. The right to an attorney is found in the Constitution’s Sixth Amendment.  The Sixth Amendment was ratified as part of the Bill […]

Fourth Amendment Probable Cause for a Warrantless Arrest

A police officer cannot arrest a citizen without a warrant based upon a hunch or mere suspicion. He must have “probable cause”. The US Constitution‘s Fourth Amendment[1] requires a warrant for a person or his property to be “seized” or searched by a government agent.  The law has developed allowing government agents to conduct warrantless […]

The Sixth Amendment, One Amendment, Six Constitutional Rights

The Sixth Amendment contains rights beyond the well-known right to an attorney in criminal matters. There are six constitutional rights in the Sixth Amendment.  They are procedural rights designed to protect an individual’s inalienable natural rights of life and liberty found in the Declaration of Independence. The Sixth Amendment is part of the Bill of Rights, […]