Criminal Law
| RIGHT TO APPEAL |
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| 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... |
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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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| SEARCH & SEIZURE - ARREST WARRANTS |
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| The Fourth Amendment of the United States Constitution guarantees the right to be secure against unreasonable searches and seizures. It provides that warrants for an arrest or for a search shall be based on probable cause, shall be supported by an oath or an affirmation, and shall describe with particularity the place to be searched or the person or thing to be seized. More... |
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| Criminal Forfeitures |
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| Criminal forfeiture actions are generally thought of as a quasi-criminal matter. Criminal forfeiture involves the literal forfeiture of the defendant's personal or real property. Probable cause must be shown to support the seizure of property subject to forfeiture. More... |
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| Tax Fraud and Corporate Criminal Liability |
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| A corporation may be potentially criminally liable for tax fraud committed by a director, officer, or employee. Basically, the general concept for corporate criminal liability is that a corporation may be found liable for committing criminal offenses when an employee, officer, or director of the corporation commits the criminal offense. Some jurisdictions still apply the common law theory that a corporation cannot be liable for a crime because it is unable to commit a crime in its corporate capacity. More... |
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