By now you have probably seen, or at least heard of the Netflix series Making a Murderer. The series focuses on the trial and conviction of Steven Avery, on the charges of sexual assault and attempted murder. Avery was eventually found to have been wrongfully convicted, and filed a lawsuit against the County upon release. Thereafter though, Avery was picked up on claims of another case, and this time the charge was murder rather than attempted murder. Avery was convicted the second time around, and numerous appeals have been filed. Recently, a Judge ordered Avery’s nephew, Brendan Dassey, who was also charged, to be released from jail.
Three possible reasons the Judge made this decision include:
- There was evidence Dassey’s admission was coerced.
- The request by the State to keep Dassey in jail was rejected by the Judge, because the Judge reasoned the rationale behind keeping Dassey behind bars had already been litigated. In short, the Judge did not believe there was anything new to review with regard to the decision.
- The nature of the coerced admission includes the fact that the admission was obtained while Dassey was a minor, and his parents or another adult was not present during the questioning.
Netflix has announced it will be filming a second season of the series, and with this latest development it is sure to be a success. But how do cases like this have any real impact on everyday people? The answer is that when cases are decided, the Courts have to apply the law to the facts. When a mistake is found, a new ruling might be made. If a new ruling is made, and the reasoning for the change in opinion is something that could come into play in other cases, litigants use that reasoning in their own cases. The key is to find laws that contain results favorable to your position, and argue application of those laws and legal precedents in your own case. Our job is to keep up with new rules, and make sure you get the benefit of any change to how things should be applied in your matter. Whether you are facing drug charges, have been arrested for DUI, or have some other criminal matter that needs attention, we can help. Call us today to find out what we can do for you.
If you have questions about criminal defense, call our office for help today. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.