Criminal Law
| RECORDS ON APPEAL |
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| In order for an appellant to prosecute an appeal, a record of a trial court's proceedings must be filed with an appellate court. The reason for the trial court's record is that the appellate court does not conduct an evidentiary hearing during an appeal. It does not take testimony or admit evidence. Its role is to examine the trial court's proceedings in accordance with the record in order to determine whether the trial court committed any errors. More... |
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| A DEFENDANT'S RIGHT TO A JURY TRIAL |
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| A defendant in a criminal prosecution is guaranteed the right to a jury trial under the Sixth Amendment to the United States Constitution unless the prosecution is for a petty offense. A petty offense is defined as an offense that carries a penalty of no more than six months in jail. The right to a jury trial applies to federal and state offenses. In addition, most states have enacted constitutional provisions and statutes that guarantee a defendant the right to a jury trial. More... |
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| Federal Government's Disclosure Obligations |
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| The federal government has a duty to disclose certain documents and evidence to the defendant. The federal government has a duty to provide the defendant with a copy of his prior criminal record. However, the only information that must be provided to the defendant with respect to his prior criminal record is that which shows which offense the defendant was convicted of. The federal government is not required to provide any other information with respect to the conviction. More... |
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| VIOLATION OF A PROTECTIVE ORDER |
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| 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... |
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| ALIBI DEFENSE |
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| An alibi means that a defendant was at a place at the time of an offense where he or she could not have participated in the offense. Although an alibi defense is not an affirmative defense, it does involve the negation of an element of the prosecution's case against a defendant. The defendant does not have the burden of proving his or her alibi. The prosecution has the burden of proving that the defendant committed the offense. The alibi defense contradicts the allegations of an indictment or an information against the defendant and casts doubt about whether the prosecution has met its burden of proof. More... |
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