Criminal Law Newsletter

Postconviction Procedures

After a defendant is convicted of a crime, he may decide to file a postconviction motion or appeal his conviction. The types of postconviction motions the defendant may file differ from state to state. The defendant may file several different … More …

REQUESTS FOR JURY INSTRUCTIONS

Both the prosecution and a defendant have a right to request that certain instructions be submitted to a jury when a trial court charges the jury. A request for the instructions must be made in writing and must be presented … More …

DURESS AS A DEFENSE

If another person compels a defendant to commit an offense, the defendant may claim that he or she committed the offense under duress. The defense of duress means that the defendant did not have the necessary mental state to commit … More …

OBTAINING CONTROLLED SUBSTANCES BY FRAUD

Criminal Law & Procedure: Criminal Offenses: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 … More …

Customs Fraud

What Constitutes Customs Fraud Fraud is defined as an intentional perversion of the truth to induce another individual into believing or doing something that they would not otherwise do. Fraud is an intentional crime. How Fraud is Detected Customs officials … More …