Criminal Law
| THE FEDERAL "THREE STRIKES" LAW |
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| The Federal "Three Strikes" Law was enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. The "Three Strikes" Law requires enhancement of sentencing for a defendant who has been convicted of two prior felonies. More... |
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| Depositions |
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| Depositions are not a discovery device for purposes of federal criminal practice. But depositions are permitted in the interests of justice or in exceptional circumstances. Further, if both parties agree, depositions may also be taken of witnesses. Either party may file a motion to take a deposition of a witness. The moving party should file its motion promptly and early in the pretrial process if possible. The moving party has the burden of showing that it is necessary to take the deposition of a witness in the interests of justice. It is within the trial court's discretion to grant or deny the request to conduct a deposition. More... |
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| DEFENSE OF PROPERTY |
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| A person who is in lawful possession of real property may use force to protect his or her real property. The person may use force against another person or an intruder if he or she reasonably believes that force is immediately necessary to prevent the other person's trespass on his or her real property. A person who is in lawful possession of tangible personal property may use force against another person in order to prevent the other person's unlawful interference with the personal property.
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| Disorderly Conduct and Public Intoxication |
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| A person commits the offense of disorderly conduct when he or she knowingly or intentionally engages in an act that is offensive to the public order. Examples of disorderly conduct include using abusive language in a public place, making an offensive gesture in a public place, creating a noxious odor in a public place, making unreasonable noise in a public place, fighting in a public place, or discharging a firearm in a public place. More... |
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| Mail Fraud |
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| Mail fraud involves the use of the mail system to defraud other individuals. To be found guilty of mail fraud the following elements must be proved: The defendant's intent to defraud another individual; the defendant's scheme to defraud another individual; the defendant actually mailed the materials in question.
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