James T. Maloney, P.C.
Nine South Adams Street, Richmond, Virginia 23220 Telephone: 804-788-1920 Fax: 804-788-1940
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Criminal Law Newsletter
Bankruptcy Fraud
 
Fraud is prevalent in bankruptcy proceedings. A debtor, creditor, or fiduciary may be charged with bankruptcy fraud. For example, individuals may attempt to transfer assets to others prior to filing for bankruptcy protections. There are numerous acts listed under federal statutes that constitute bankruptcy fraud. A common thread that runs through all of the acts is that the defendant act in a knowing fashion. A knowing fashion means that the defendant act in a voluntary and intentional manner. The prosecution may show that the defendant acted in a fraudulent manner by way of direct or circumstantial evidence. More...
 
RIGHT TO APPEAL
 
A defendant has a right to appeal his or her final judgment of conviction and sentence by a trial court to a state's appellate court. In order to be considered a defendant for purposes of an appeal, the defendant must have been charged with a crime or the defendant must have committed a criminal offense. More...
 
JUDGMENTS
 
A judgment is a declaration by a trial court that shows whether a defendant has been convicted or acquitted of a criminal offense. The judgment must be in writing and must be signed by the trial court. The judgment is only evidence of the defendant's conviction. It is not the defendant's conviction. The defendant is convicted when the trial court pronounces the defendant's sentence. An appeal of the defendant's conviction cannot be filed until the judgment has been entered on the record. More...
 
Overview of Prison Offenses
 
Even after a defendant has been convicted and sentenced to a prison term, he may be charged, convicted, and sentenced again for any offenses committed while in prison. A prison is defined as a correctional or detention facility. Although states vary on the types of chargeable prison offenses, there are some general offenses both under numerous state laws and federal law.More...
 
Informants
 
An informant is an individual that provides law enforcement officers with information about an individual or a criminal activity. Informants may be sought out by law enforcement officers or may just be present at the time that a crime occurred. There are numerous types of informants. More...
 
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