| Defendants and Sentencing with Respect to Convictions of Violating Environmental Statutes |
| There are three types of defendants that may be charged in a case involving a violation of an environmental statute. The three types of defendants include corporations, corporate officers and individuals. More... |
| An overview of the Jencks Act |
| The Jencks Act provides that upon a motion by the defendant, the Government is required to disclose a witness's prior statements that are in the Government's possession at the time the request is made. In order for the Government to be compelled to disclose a witness's prior statements, the statements must relate to the subject mater of the direct testimony of the witness. Under the Jencks Act, the Government has a duty to preserve all statements that are required to be produced. The Government should not destroy the statements before they are required to be destroyed, usually until after the culmination of the defendant's case, including an appeal. More... |
| APPELLATE COURT DECISIONS |
| An appellate court has authority to render several types of decision with regard to an appeal. The appellate court may affirm a judgment of a trial court, may reverse the decision of the trial court, or it may reform the decision of the trial court. The appellate court may also dismiss an appeal, may abate an appeal, or it may grant or deny a rehearing of its decision.More... |
| CREDIT CARD OR DEBIT CARD ABUSE |
| A person commits the offense of credit card or debit card abuse when he or she presents a credit card or a debit card knowing that the card was not issued to him or her or that the card had expired or was revoked, uses a fictitious credit card or debit card with the intent to obtain a benefit, steals a credit card or a debit card knowing that it was stolen, buys a credit card or a debit card knowing that the person who is selling the card is not the cardholder, sells a credit card or a debit card without being the issuer, or signs or uses another person's credit card or debit card without the other person's consent. The offense may also be committed by possessing a credit card or a debit card that has not been issued to the person.More... |
| SPEEDING |
| A person commits the offense of speeding when he or she operates a motor vehicle at a speed that is in excess of the speed that is permitted under state statutes, local ordinances, or highway or traffic regulations. More... |
R. Scott Estes, P.C.
Criminal Law Newsletter
