Criminal Law
| THE FEDERAL "THREE STRIKES" LAW |
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| The Federal "Three Strikes" Law was enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. The "Three Strikes" Law requires enhancement of sentencing for a defendant who has been convicted of two prior felonies. More... |
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| Joinder of Offenses |
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| If a defendant is charged with multiple offenses, the prosecution may file a motion to join the offenses in order for the defendant to be tried in a single proceeding. Although some prejudice may result from permitting the joinder of offenses, the judicial economy of joinder may outweigh any potential prejudice a jury may have if the defendant is charged with more than one offense. It is within a trial court's discretion to grant or deny a motion to join offenses. The defendant may also request to join her offenses; however most often the prosecution is the party seeking the join the defendant's offenses. More... |
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| DEFENSE OF PROPERTY |
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| A person who is in lawful possession of real property may use force to protect his or her real property. The person may use force against another person or an intruder if he or she reasonably believes that force is immediately necessary to prevent the other person's trespass on his or her real property. A person who is in lawful possession of tangible personal property may use force against another person in order to prevent the other person's unlawful interference with the personal property.
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| Hybrid Representation and the Standby Attorney |
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| Hybrid representation is where the defendant serves as co-counsel with an attorney. The defendant does not have a constitutional right to hybrid representation. It is within the trial court's discretion to grant the defendant's request for hybrid representation. More... |
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| FINES & COSTS |
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| When a defendant is convicted of a criminal offense, the defendant is usually required to pay fines and costs as part of his or her sentence. If the defendant has only been ordered to pay fines and costs, the defendant will be discharged from a judgment requiring fines and costs upon full payment of the fines and costs to the proper authorities.
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