Newsletter Criminal Law

FEDERAL STRIKE FORCES

United States Attorneys' offices have federal strike forces. Such strike forces are called Organized Crime Strike Force Units (OCSFUS). The OCSFUS are responsible for supervising and prosecuting cases against criminal enterprises that operate in or that affect the United States. The Attorney General's Organized Crime Council identifies those criminal enterprises. The terms "organized crime" refer to criminal groups that engage in repeated illegal activities over an extended period of time within the United States. More...

WHEN A DEFENDANT'S RIGHT TO COUNSEL ATTACHES

A defendant's right to counsel under the Sixth Amendment and the Fourteenth Amendment to the United States Constitution attaches to any point in the criminal process in which the substantial rights of the defendant may be affected or to any critical stage in the proceedings. In addition, some states have enacted statutes that provide that a criminal defendant has a right to counsel in any adversarial judicial proceeding. More...

Search and Seizure - An Overview

The Fourth Amendment to the United States Constitution has been the subject of thousands of legal opinions. The Fourth Amendment guarantees that all people in the United States shall be free from unreasonable government searches. The Fourth Amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 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...

Customs Fraud

What Constitutes Customs Fraud? Fraud is defined as an intentional perversion of the truth to induce another individual into believing or doing something that they would not otherwise do. Fraud is an intentional crime. More...