Olin R. Hale, lawyers in Phoenix, AZ, Arizona

Judicial Notice

Judicial notice is the knowledge or recognition that a fact is true without evidence to support its truth. An example of a fact that a court may take judicial notice of is that the sky is blue. Most people know and understand that the sky is blue and no proof is needed to establish that the sky is blue. More...

Types of Pleas and Withdrawal of a Guilty Plea

When an accused has been charged with an offense, he has a choice of whether to enter a not guilty, a no contest, or a guilty plea. A not guilty plea is a plea in which the accused does not accept responsibility for the charged offense. After the accused has entered a not guilty plea, the matter is set for trial. Pre-trial procedures and trial preparations then begin. More...

Plea Agreements Generally

When a defendant has been charged with a crime, it is his decision whether to enter a guilty or not guilty plea to the offense. Often times, a defendant enters a guilty plea based upon a plea agreement. Many prosecutors offer defendants plea agreements or bargains in order to ascertain a guilty plea from the defendant. 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...

Best Evidence Rule

The Best Evidence Rule is also commonly referred to as the original document rule. The Best Evidence Rule requires that the proponent seeking the admission of evidence show the documentary evidence is the original version. The Best Evidence Rule applies when the terms of the writing are material and at issue. The Best Evidence Rule also applies when a witness testifies as to a fact resulting from having read it in the document sought to be admitted by the proponent. More...