Criminal Law
| WAIVER OF THE RIGHT TO COUNSEL |
|
| Even though a defendant is guaranteed the right to counsel under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, the defendant is entitled to waive such right. However, the defendant's waiver must be voluntary, knowing, and intelligent.
More... |
|
|
| JURY INSTRUCTIONS ON APPLICATION OF THE LAW TO THE FACTS |
|
| A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must also judge the facts of the case. In order to make its factual determination, the jury is instructed on the law by a trial court. The trial court sets forth the law in written instructions that are delivered to the jury before the prosecution and the defense make their closing arguments. The jury is not permitted to receive the law from any source other than the trial court. More... |
|
|
| SEARCH WARRANTS |
|
| A search warrant is a written document that is signed by a magistrate or a judicial officer. The search warrant allows the police to conduct a search and describes the property that may be seized. More... |
|
|
| Unlawful Flight Offenses |
|
| It is unlawful to flee to avoid custody or confinement, flight warrants, to avoid giving testimony, or to avoid service of process. The penalties associated therewith vary in duration and severity. More... |
|
|
| FEDERAL HABEAS CORPUS RELIEF |
|
| A state prisoner who has been incarcerated for a criminal offense by a state court may challenge his or her conviction by filing a petition for habeas corpus relief in a federal court. The federal court has jurisdiction over the prisoner's custody in a state correctional institution if the incarceration constitutes a violation of the United States Constitution or the laws of the United States. The prisoner's federal habeas corpus petition seeks to secure the release of the prisoner from an unlawful custody. However, in order to be able to file the federal habeas corpus petition, the prisoner must be in custody, the custody must be unlawful, and the prisoner must have exhausted his or her state remedies.
More... |
|
|