Criminal Law Newsletter

BILLS OF EXCEPTION

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. More...

Revocation of Probation

A defendant's probation may be revoked by a trial judge if the defendant violates any of the terms or conditions of his or her probation. Only the trial judge that granted probation to the defendant has authority to revoke the defendant's probation. More...

Criminal Forfeitures and Attorney Fees

Although a defendant has a right to an attorney and although the attorney has a right to be compensated for her services, the defendant does not necessarily have the right to transfer an asset to that attorney in lieu of payment when the asset may be subject to criminal forfeiture. Generally, the defendant may transfer an asset for compensation to her attorney if:More...

VIOLATION OF A PROTECTIVE ORDER

A person commits the offense of violation of a protective order when the protective order has been issued on behalf of a protected person and when he or she commits an act of family violence, when he or she communicates directly with the protected person or a member of the protected person's family, when he or she goes near the protected person's residence or employment, or when he or she possesses a firearm.More...

Criminal Forfeitures

Criminal forfeiture actions are generally thought of as a quasi-criminal matter. Criminal forfeiture involves the literal forfeiture of the defendant's personal or real property. Probable cause must be shown to support the seizure of property subject to forfeiture. More...