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Criminal Law

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 trial More...
Severance of Offenses and Defendants
If any of the defendants would be prejudiced by a joinder of defendants or offenses then the defendants may file a motion for severance. A motion for severance may be filed with respect to the defendants and/or the offenses charged in the indictments. It is within the trial court's discretion to grant or deny the motion for severance. More...
Bail or Jail
After a defendant is arrested, he or she is required to appear before a judge or magistrate. At this time, the defendant may request or a judge may set bail for the defendant's release. Bail is cash or a cash equivalent that is given to the court to ensure that he or she will appear in court when ordered. If the defendant appears when he or she was ordered to, bail is refunded. However, if he or she fails to appear, the court keeps the bail and issues a warrant for his or her arrest. More...
CLEMENCY FOR DOMESTIC VIOLENCE VICTIMS
In some states, legislatures have recently enacted laws that grant the possibility of clemency by the states' governors for domestic violence victims who have been convicted of certain offenses, such as murder and manslaughter. In those states, the governors are entitled to request a clemency investigation by the states' parole boards into cases where defendants have pleaded guilty or have been convicted of those offenses when the offenses were directly related to the defendants' being victimized by domestic violence. More...
Criminal Liabilty for Violating Environmental Statutes
The Federal Insecticide, Fungicide and Rodenticide Act Generally and Penalities More...

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