| Prosecutors, Immunity and Conflicts of Interests |
| The prosecutor has immunity from civil liability for actions undertaken during their official duties. The prosecutor enjoys both absolute and qualified immunity. The prosecutor has absolute immunity in initiating a prosecution and in presenting the State's case, so long as the prosecutor's actions are done in conformity with the judicial process.More... |
| MISTAKE OF FACT AS A DEFENSE |
| The defense of mistake of fact is used when a defendant is accused of committing a particular crime and the defendant admits that he or she committed another crime, which other crime is different from the particular crime and is not a lesser-included offense of the particular crime. The defense is based on the defendant's belief that he or she was committing another crime, which crime is less serious than the crime with which the defendant is charged. More... |
| BURGLARY OF A HABITATION OR A BUILDING |
| A person commits the offense of burglary when he or she: (1) enters a habitation or a building that is not open to the public without the consent of an owner and with the intent to commit a felony or a theft; (2) remains hidden in a habitation or a building without the consent of the owner and with the intent to commit a felony or a theft; or (3) enters a habitation or a building without the consent of the owner and commits or attempts to commit a felony or a theft.More... |
| Criminal Violations of the Federal Mine Safety and Health Act of 1977 |
| The Federal Mine Safety and Health Act of 1977 (MSHA) provides for enforcement of by way of civil penalties, criminal penalties, or administrative enforcement methods. MSHA was enacted to protect mining workers. When a violation of the MSHA is claimed, an investigation is conducted regarding the allegations of the violation. If a criminal division determines that a case referred to it warrants prosecution, the case will be referred to the office of the United States Attorney. More... |
| Appeals |
| Usually a defendant is entitled to one appeal as of right after a conviction. The defendant must be informed of his right to appeal. On appeal, the defendant may raise claims that mistakes were made during his trial. The defendant is required to follow the proper state or federal procedure when filing an appeal. Sometimes, the defendant is required to request leave or permission to file an appeal. The defendant is then required to file notice of the appeal with the court, file a brief, and submit the trial court record for review. More... |
Roth & Roth, P.C.
Criminal Law Newsletter
