Crime News
Criminal Defense Articles
Misdemeanors
Misdemeanors are less-serious crimes. They are generally punishable by a fine or incarceration in the county jail for less than one year. The prosecutor does not usually convene a grand jury to investigate and charge misdemeanor offenses, although such charges can be generated along with felonies. Most misdemeanors are charged by written indictment and in many jurisdictions, defendants are not entitled to a court-appointed lawyer. Often, misdemeanors are handled by special courts with abbreviated procedures. For instance, the defendant may have to request and pay a fee in order to get a jury trial. Misdemeanor traffic offenses may have pre-set penalties in the form of scheduled fines.
Rights of Crime Victims
Many aspects of criminal law focus on the rights of the criminal. However, recent attention has been focused on the rights of the victims of crimes, who often suffer great emotional and physical injuries at the hands of the criminal. All fifty states and the federal government have laws that protect victims. In many states, a victim is considered to be the person who directly suffers the effects of the crimes (such as the person who is murdered) and immediate family members who suffer the secondary effects of the crime (such as the loss of a loved one). If you have been a victim of a crime, know your rights.
Criminal Law & Procedure Case Summaries
[09/03] US v. Blitch
Convictions of defendants for conspiring to distribute 15 kilograms of cocaine are vacated and remanded as the court's failure to individually voir dire the second panel regarding its safety concerns, and her instructions to keep deliberating after the jury poll, when the jury had specifically requested to leave for the day, leads to the conclusion that the defendants should receive a new trial.
[09/03] Babick v. Berghuis
District court's denial of defendant's petition for habeas relief from his convictions for arson and first-degree felony murder, as well as a sentence of two terms of life imprisonment without possibility of parole, is affirmed where: 1) defendant's ineffective assistance of counsel claim is without merit as he has shown no prejudice as a result of his trial counsel's failure to produce an arson expert in support of his not-arson defense; 2) district court did not abuse its discretion in denying defendant's request for an evidentiary hearing; 3) defendant's claim, that trial counsel was ineffective for failing to investigate the basis of a witness's testimony regarding the time of defendant's visit to the house that burned down, is rejected; and 4) defendant's claims of prosecutorial misconduct are rejected.
[09/03] Socha v. Pollard
District court's dismissal of defendant's petition for habeas corpus as untimely, in concluding that another district judge's order extending the limitations period was an impermissible advisory opinion and thus of no effect because the court issued the order before defendant had filed his petition, is vacated and remanded where: 1) an order accepting a filing after the limitations period has run is not beyond the power of the district court, and it is effective if it can meet the standards for equitable tolling that the Supreme Court described in Holland v. Florida, 130 S. Ct. 2549 (2010); and 2) the district court erred by focusing too closely on the fact that defendant had not already filed something that he had labeled as his petition as, not only does the motion anticipate an imminent action in which defendant and the state will be adverse, but also the parties have opposing interests on the immediate question of whether to toll the statute of limitations.
[09/03] US v. Munoz-Camarena
A sentence for attempted illegal re-entry after deportation is vacated and remanded for reconsideration in light of the Supreme Court's decision in Carachuri-Rosendo v. Holder, 130 S. Ct. 2577 (2010), which casts doubt on the district court's calculation of the recommended Guidelines sentence in this case.
Criminal Defense Frequently Asked Questions
Can a person be guilty of drunk driving if he only had one drink?
What is the role of the federal government in criminal law?
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