Law Offices of Steven E. Fanning P.C.
Criminal Law Newsletter
OBTAINING CONTROLLED SUBSTANCES BY FRAUD
 
A person commits an offense when he or she acquires, obtains, or attempts to obtain possession of a controlled substance by misrepresentation, fraud, or forgery. The person obtains a controlled substance by fraud when the person forges or alters a prescription for the controlled substance.More...
 
CRIMINAL MISCHIEF & OTHER PROPERTY OFFENSES
 
A person commits the offense of criminal mischief when he or she intentionally or knowingly and without the consent of an owner: (1) damages or destroys the owner's property; (2) tampers with the owner's property, which tampering causes loss or inconvenience to the owner; or (3) makes markings, inscriptions, or drawings on the owner's property. More...
 
The Exclusionary Rule
 
When a defendant's fourth, fifth or sixth amendment rights have been violated, the exclusionary rule may apply. The exclusionary rule prevents evidence that was illegally obtained from admission at trial. The exclusionary rule was created by case law in 1914 and was made applicable to the states through case law in 1961.The exclusionary rule is a judicial mandate and does not guarantee the defendant's right to constitutional safeguards. 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...
 
A DEFENDANT'S RIGHT TO CONFRONT WITNESSES
 
Under the Sixth Amendment to the United States Constitution, a defendant has a right to confront his or her adverse witnesses. This means that the defendant has a right to a face-to-face meeting with the witnesses. Included in this right is the right to cross-examine the witnesses. More...
 
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