Attorney at Law
Lance Boyd Phillips
 
Criminal Law Newsletter
 
 
VOLUNTARY MANSLAUGHTER
 
A person commits the offense of voluntary manslaughter when he or she commits murder under the immediate influence of sudden passion that arises from an adequate cause. Sudden passion is also referred to as "heat of passion." More...
 
ALIBI DEFENSE
 
An alibi means that a defendant was at a place at the time of an offense where he or she could not have participated in the offense. Although an alibi defense is not an affirmative defense, it does involve the negation of an element of the prosecution's case against a defendant. The defendant does not have the burden of proving his or her alibi. The prosecution has the burden of proving that the defendant committed the offense. The alibi defense contradicts the allegations of an indictment or an information against the defendant and casts doubt about whether the prosecution has met its burden of proof.More...
 
FEDERAL ENFORCEMENT OF CHILD SUPPORT
 
The Child Support Recovery Act of 1992 makes it a federal offense to willfully fail to pay a past due child support obligation for a child who resides in another state. A first offense under the Act is subject to a maximum penalty of six months in jail, to a fine, or both. Subsequent violations of the Act may be subject to a maximum penalty of two years in prison, to a fine, or both. More...
 
Criminal Violations of the Occupational Safety and Health Act
 
An individual who violates the Occupational Safety and Health Act (OSHA)may be charged in either a criminal or civil forum. OSHA was enacted to protect workers from unsafe conditions in the workplace. More...
 
CONFESSIONS - SIXTH AMENDMENT RIGHT TO COUNSEL
 
In addition to the right to counsel during interrogation under the self-incrimination privilege of the Fifth Amendment of the United States Constitution, a person has a right to the assistance of counsel under the Sixth Amendment of the United States Constitution when the person is being interrogated after he or she is formally charged with an offense. More...
 
 
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