Action Employment Law
Criminal Law Newsletter
CONFESSIONS - WAIVER OF RIGHTS
 
A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution. More...
 
Food Drug and Cosmetic Act
 
A corporation, a corporate officer, a corporate director or a corporate employee may be charged with violating the Federal Food, Drug, and Cosmetic Act. The Act prohibits the misbranding and adulterating of food, drugs, or cosmetics. A violation of this act is generally classified as a misdemeanor. However, if the defendant violated the Act with the actual intent to defraud or mislead, the classification of the offense is elevated to a felony. More...
 
A DEFENDANT'S RIGHT TO REMAIN SILENT DURING TRIAL
 
The Fifth Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to be a witness against himself or herself. The self-incrimination privilege of the Fifth Amendment means that a defendant cannot be compelled to testify at his or her criminal trialMore...
 
INCEST
 
A person commits the offense of incest when he or she engages in sexual intercourse with a family member or a relative. A family member or a relative is usually defined as any ancestor or descendant by blood or adoption, any stepchild or stepparent while the marriage that created the step relationship exists, any parent's brother or sister by whole or half blood, any brother or sister of whole or half blood or by adoption, or the children of any brother or sister of whole or half blood or by adoption. The person must know that the other person is a relative. However, the relative does not need to be legitimate. More...
 
Check Kiting, Improper Personal Loans to Banking Officers, and Overdrafts
 
Check kiting is a crime that involves one or more individuals who utilize checking accounts at two or more financial institutions. The purpose of using two or more institutions is for the systematic exchange of checks written in similar amounts. The individual uses the lag time that it takes to clear checks through the Federal Reserve System to use and collect the money. More...
 
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