Criminal Law
| RELEASE ON BAIL PENDING AN APPEAL |
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| Whether a defendant is entitled to be released on bail pending his or her appeal depends upon the type of offense of which the defendant was convicted and the length of sentence that is imposed on the defendant. If the defendant is convicted of a misdemeanor, the defendant is generally entitled to reasonable bail pending his or her appeal. If the defendant is convicted of a felony, the length of the defendant's sentence generally determines whether the defendant is entitled to bail. More... |
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| The Duties of a Defense Attorney at a Glance |
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| After a defendant has retained a defense attorney or after the court has appointed a defense attorney for an indigent defendant, the defense attorney's duties begin. More... |
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| Preliminary Determinations of Admissibility of Evidence |
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| Generally speaking legal issues are to be determined by the trial court and factual issues are to be determined by a jury or judge if no jury is present. However, either the judge or the jury may determine preliminary determinations of facts.
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| Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications |
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| An overhearing is when an individual believes that another has illegally overheard their communication. When a defendant believes that he has been illegally overheard, he may file a motion alleging that an unlawful act of electronic surveillance has been conducted. The defendant may request the disclosure of the electronic communication. The federal government may request that the trial court require the defendant to provide specific information regarding the disclosure of the electronic surveillance. The defendant may be required to provide the following information: More... |
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| FEDERAL ENFORCEMENT OF CHILD SUPPORT |
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| The Child Support Recovery Act of 1992 makes it a federal offense to willfully fail to pay a past due child support obligation for a child who resides in another state. A first offense under the Act is subject to a maximum penalty of six months in jail, to a fine, or both. Subsequent violations of the Act may be subject to a maximum penalty of two years in prison, to a fine, or both.
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