Criminal Law Newsletters

Ex Post Facto Laws

An ex post facto law is a law that provides for punishment for an act that was committed when the act was not illegal. Additionally, an ex post facto law includes:

Prosecutions for State Insurance Fraud

Most states have statutes governing the issue of insurance fraud. One may be charged with insurance fraud if: The individual prepared or presented a false or fraudulent written statement; the individual aided, solicited, or conspired in presenting a fraudulent written statement; the individual had the specific intent to defraud the insurer.

Factual Stipulations in Criminal Trials

A stipulation is an agreement between adverse parties as to the definition or identification of a statement or pieces of evidence that are material to the case. Trial judges typically accept stipulations of fact presented by parties. However, it is within the trial judge's discretion to reject the stipulated fact if fact sought to be admitted is not relevant or constitutes a legal conclusion. When the trial court accepts a stipulated fact, the party that had the burden of proof with respect to the stipulated fact is relieved from presenting a foundation to establish that fact during the defendant's trial.

Juvenile Proceedings

Juvenile proceedings are different from regular criminal proceedings because they are tailored toward juveniles, children under the age of 18. Every state has a different type of system set up to handle their juvenile matters. Some states have an actual juvenile court, other states place juvenile matters under the guise of the family or probate court. However, most courts that have jurisdiction to hear juvenile matters may transfer the case to a trial court when the offense charged is severe. The process of transferring a juvenile case is often referred to as waiving jurisdiction.

Voluntary Manslaughter

A person commits the offense of voluntary manslaughter when he or she commits murder under the immediate influence of sudden passion that arises from an adequate cause. Sudden passion is also referred to as "heat of passion."