Criminal Law
| Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications |
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| An overhearing is when an individual believes that another has illegally overheard their communication. When a defendant believes that he has been illegally overheard, he may file a motion alleging that an unlawful act of electronic surveillance has been conducted. The defendant may request the disclosure of the electronic communication. The federal government may request that the trial court require the defendant to provide specific information regarding the disclosure of the electronic surveillance. The defendant may be required to provide the following information: More... |
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| RELIEF FROM JUDGMENTS REGARDING COMPETENCY TO STAND TRIAL |
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| A defendant does not generally have a right to appeal a judgment from a hearing on the defendant's competency to stand trial. The defendant only has a right to appeal his or her conviction for the offense with which he or she was charged. More... |
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| MODIFICATION, REDUCTION, & TERMINATION OF PROBATION |
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| A trial judge generally has discretion whether to grant probation to a defendant. In accordance with that discretion, the trial judge is also entitled to modify, to reduce, or to terminate the defendant's probation. More... |
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| DEFENSE OF A THIRD PERSON |
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| A defendant is entitled to use force or deadly force against another person in order to protect a third person from the other person. The defendant must show that he or she reasonably believed that the use of force was necessary to protect the third person.
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| EXTRAORDINARY RELIEF |
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| A defendant has an adequate remedy at law for a lower court's decision when he or she has a right to appeal the lower court's decision. When the defendant cannot appeal the lower court's decision, he or she may be entitled to extraordinary relief. Extraordinary relief is a method by which the defendant seeks to have an appellate court examine the lower court's actions and order the lower court to perform or to refrain from performing a certain act. More... |
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