Practice Area Spotlight

Criminal Litigation

Criminal lawyers use Midpage to research offenses, suppression, trial rights, sentencing, and post-conviction review — federal and state. The statutes, rules, and case law behind that work are collected below.

How Criminal Lawyers Use Midpage

Browse to see how Midpage works through criminal-law questions from real lawyers.

Felon in Possession After RahimiCan a felon-in-possession charge under 18 U.S.C. § 922(g)(1) be challenged on Second Amendment grounds after Bruen and Rahimi — and does it matter that the prior felony was nonviolent?Compassionate Release After RutherfordWhat qualifies as an "extraordinary and compelling reason" for compassionate release under 18 U.S.C. § 3582(c)(1)(A)? Can a defendant serving a decades-long sentence that would be much shorter if imposed today seek release on that basis?Geofence Warrants After ChatrieThe government identified a suspect through a geofence warrant served on Google. What Fourth Amendment challenges are available to that kind of evidence, and how have courts been ruling?Obstruction After FischerWhat conduct still supports an obstruction-of-an-official-proceeding charge under 18 U.S.C. § 1512(c)(2) after Fischer v. United States?ACCA Occasions After ErlingerHow does Erlinger v. United States change ACCA sentencing where the defendant’s prior offenses may have been committed on separate occasions — and what does it mean for defendants who were already sentenced?Substitute Experts After Smith v. ArizonaThe analyst who performed the lab testing is unavailable to testify. Can the prosecution call a different forensic expert in their place, or does the Confrontation Clause bar that after Smith v. Arizona?Fraudulent Inducement After KousisisCan a defendant be convicted of wire fraud when the alleged victim received everything it paid for and suffered no financial loss? How does Kousisis v. United States bear on that question?

Core Criminal Law Collections

The statutes, rules, and courts behind criminal practice.

Statutes

The federal offenses that drive white-collar, firearms, and drug dockets — plus the sentencing, bail, speedy-trial, and habeas provisions that structure every stage of the case, and the state anchors for post-conviction practice.

Mail & wire fraud
The property-fraud workhorses — bounded by Kelly, Ciminelli, and the fraudulent-inducement rule of Kousisis
18 U.S.C. §§ 1341, 1343
Hobbs Act
Robbery and extortion affecting commerce — a lead predicate in § 924(c) litigation
18 U.S.C. § 1951
RICO
Pattern-of-racketeering liability for enterprises — the prohibited-activities core
18 U.S.C. § 1962
Money laundering
Concealment and promotion laundering of criminal proceeds
18 U.S.C. § 1956
Obstruction
Witness tampering and evidence impairment — § 1512(c)(2) narrowed by Fischer
18 U.S.C. § 1512

Rules & Regulations

The federal rules of criminal procedure and evidence, searchable in the U.S. Code appendices — plus the DEA schedules and the Bureau of Prisons rules; the Sentencing Guidelines Manual is on the way.

Federal Rules of Criminal Procedure
Pleas, discovery, and post-trial motions — Rule 16 reflects the 2023 expert-disclosure amendments
Fed. R. Crim. P.
Federal Rules of Evidence
Rule 404(b) character evidence and the 2023 reliability amendment to Rule 702
Fed. R. Evid.

Agency Decisions & Guidance

The Justice Manual’s charging and prosecution policies are searchable now — Sentencing Commission actions surface through the Federal Register.

DOJ Justice Manual
Charging, plea, and prosecution policies — including the Title 9 criminal provisions
Guidance
DOJ Office of Legal Counsel opinionsComing soon
OLC’s controlling legal opinions for the executive branch
Guidance

Courts & Tribunals

The forums where criminal cases are litigated — direct review, then the collateral channels that are litigated in court.

Appellate
U.S. Supreme Court and all 13 federal circuits — direct appeals and habeas; state supreme and intermediate appellate courts, including the Texas and Oklahoma Courts of Criminal Appeals
Trial
U.S. District Courts — suppression, trial, and sentencing; state trial courts across all 50 states
Post-conviction
Section 2254 and 2255 proceedings in the federal courts, and state collateral review under vehicles like C.P.L. § 440.10 and article 11.07

Key Cases

The controlling authorities — linked to full text, treatment, and citing decisions in Midpage.

Brady v. Maryland

373 U.S. 83 (1963)|Treatment|History|Disclosure

The prosecution must disclose favorable, material evidence — the foundation of criminal discovery practice.

Crawford v. Washington

541 U.S. 36 (2004)|Treatment|History|Confrontation

Testimonial hearsay is barred absent unavailability and prior cross-examination — the modern Confrontation Clause framework.

Smith v. Arizona

602 U.S. 779 (2024)|Treatment|History|Confrontation

Substitute-expert basis testimony conveying an absent analyst’s statements for their truth triggers the Confrontation Clause.

Rutherford v. United States

608 U.S. ___ (2026)|Treatment|History|Compassionate Release

Nonretroactive sentencing changes can never be extraordinary and compelling reasons for release — § 1B1.13(b)(6) invalidated to that extent.

Chatrie v. United States

609 U.S. ___ (2026)|Treatment|History|Fourth Amendment

Obtaining Google Location History is a Fourth Amendment search — Carpenter extended to geofence data, with no short-duration grace period.

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