Materials seized from third parties via search warrants can include potentially privileged information, and defense lawyers may seek access to those materials to identify privileged content or to challenge the government's use of the materials as evidence.
November 06, 2025
high
procedural
Defendants and their counsel may request review of seized materials to determine privilege issues and any improper evidentiary use.
Allegations of vindictive prosecution are an uncommon legal defense but can be a powerful avenue for defendants; such motions are notoriously difficult to win.
October 08, 2025
high
legal
Describes the nature and typical difficulty of vindictive-prosecution claims in U.S. criminal proceedings.
Public statements by a president or other high-ranking officials criticizing or urging prosecution of an individual can be used by defense lawyers to argue that a prosecution was motivated by political animus.
October 08, 2025
high
legal
Explains a common defensive theory in criminal cases that statements from executive-branch officials may support claims of improper motive.
Motions alleging vindictive prosecution are generally difficult to win in U.S. courts.
October 08, 2025
high
legal
Describes the general legal standard and practical difficulty for establishing prosecutorial vindictiveness.