Criminal Law Newsletters

Joinder of Offenses

If a defendant is charged with multiple offenses, the prosecution may file a motion to join the offenses in order for the defendant to be tried in a single proceeding. Although some prejudice may result from permitting the joinder of offenses, the judicial economy of joinder may outweigh any potential prejudice a jury may have if the defendant is charged with more than one offense. It is within a trial court's discretion to grant or deny a motion to join offenses. The defendant may also request to join her offenses; however most often the prosecution is the party seeking the join the defendant's offenses.

Mail Fraud

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.

MURDER

A person commits the offense of murder when he or she intentionally or knowingly causes the death of an individual or when he or she intends to cause serious bodily injury to an individual and commits an act that causes the death of the individual.

Search & Seizure - Abandoned Property

The right under the Fourth Amendment of the United States Constitution to be secure against unreasonable searches and seizures is based upon an expectation of privacy in a person's property. If the person abandons his or her property, he or she no longer has an expectation of privacy in the property.

WAIVER OF APPEAL

A defendant is entitled to waive his or her right to appeal his or her conviction by a trial court. However, the waiver must be knowingly and intelligently made by the defendant. The waiver may only be made after the defendant's right to appeal has accrued.