Criminal Law
| NUNC PRO TUNC PROCEEDINGS |
|
| If a judgment or a sentence in a criminal proceeding is not properly entered in a trial court's record, the trial court may retroactively enter the judgment or the sentence. Such a proceeding is called a nunc pro tunc proceeding. The only limitations on the nunc pro tunc proceeding is that a new trial must not have been granted, the judgment must not have been arrested, or an appeal must not have been filed.
More... |
|
|
| MARITIME JURISDICTION OF THE FEDERAL GOVERNMENT |
|
| In accordance with Article III of the United States Constitution, the federal government has jurisdiction over all admiralty and maritime cases. This means that the federal government has jurisdiction over all criminal offenses that are committed on the high seas, on any other waters within the jurisdiction of the United States, or on any vessel that belongs to the United States, to a United States citizen, or to a corporation, which vessel is located within the admiralty or maritime jurisdiction of the United States and not within the jurisdiction of a state.
More... |
|
|
| CONFESSIONS - SIXTH AMENDMENT RIGHT TO COUNSEL |
|
| In addition to the right to counsel during interrogation under the self-incrimination privilege of the Fifth Amendment of the United States Constitution, a person has a right to the assistance of counsel under the Sixth Amendment of the United States Constitution when the person is being interrogated after he or she is formally charged with an offense.
More... |
|
|
| Prosecutions for State Insurance Fraud |
|
| Most states have statutes governing the issue of insurance fraud. One may be charged with insurance fraud if: The individual prepared or presented a false or fraudulent written statement; the individual aided, solicited, or conspired in presenting a fraudulent written statement; the individual had the specific intent to defraud the insurer.
More... |
|
|
| VIOLATION OF A PROTECTIVE ORDER |
|
| A person commits the offense of violation of a protective order when the protective order has been issued on behalf of a protected person and when he or she commits an act of family violence, when he or she communicates directly with the protected person or a member of the protected person's family, when he or she goes near the protected person's residence or employment, or when he or she possesses a firearm. More... |
|
|