| Right to Effective Counsel and Attachment of the Right to Counsel |
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| The Sixth Amendment to the United States Constitution guarantees a defendant the right to effective assistance of counsel in criminal proceedings. Effective assistance of counsel is presumed. If the defendant claims that his counsel was ineffective, he has the burden of proving that the ineffectiveness prejudiced him and that a different result would have occurred but for the ineffectiveness. Instances that do not constitute ineffectiveness include trial tactics, failure to raise an invalid defense, and failure to argue frivolous matters. More... |
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| Bankruptcy Fraud |
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| Fraud is prevalent in bankruptcy proceedings. A debtor, creditor, or fiduciary may be charged with bankruptcy fraud. For example, individuals may attempt to transfer assets to others prior to filing for bankruptcy protections. There are numerous acts listed under federal statutes that constitute bankruptcy fraud. A common thread that runs through all of the acts is that the defendant act in a knowing fashion. A knowing fashion means that the defendant act in a voluntary and intentional manner. The prosecution may show that the defendant acted in a fraudulent manner by way of direct or circumstantial evidence. More... |
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| Severance of Offenses and Defendants |
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| If any of the defendants would be prejudiced by a joinder of defendants or offenses then the defendants may file a motion for severance. A motion for severance may be filed with respect to the defendants and/or the offenses charged in the indictments. It is within the trial court's discretion to grant or deny the motion for severance. More... |
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| Juvenile Arrests and Procedures |
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| When a juvenile is arrested they are entitled to many of the same rights that an adult is entitled to upon arrest. More... |
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| Expungement |
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| One can clean up a criminal record by expunging or sealing their criminal records. Expungement is the sealing of criminal records so that they may not be publicly available. It is basically the equivalent of erasing one's criminal record. One can petition the court to expunge their criminal record. Expungement may apply to convictions and arrests.
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