| BILLS OF EXCEPTION |
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| 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.
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| CONTEMPT PROCEEDINGS |
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| Although there are two types of contempt, civil and criminal, a contempt proceeding is basically a criminal proceeding. It must guarantee the same procedural safeguards as a criminal proceeding. Due process must be provided to a person who is going to be held in contempt, regardless of whether the contempt is civil or criminal.More... |
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| ALIBI DEFENSE |
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| An alibi means that a defendant was at a place at the time of an offense where he or she could not have participated in the offense. Although an alibi defense is not an affirmative defense, it does involve the negation of an element of the prosecution's case against a defendant. The defendant does not have the burden of proving his or her alibi. The prosecution has the burden of proving that the defendant committed the offense. The alibi defense contradicts the allegations of an indictment or an information against the defendant and casts doubt about whether the prosecution has met its burden of proof.More... |
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| CONFESSIONS - WAIVER OF RIGHTS |
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| A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution.
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| Mortgage Fraud |
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| Mortgage fraud has become a more prevalent crime in the past few years. In the last two to three years the number of mortgage companies has increased at a rate of at least 50%. As a result of the increase in the number of mortgage companies, mortgage brokers seem to be engaging in more and more fraudulent types of conduct. The Federal Bureau of Investigation has cited the increase in the number of cases involving fraud and mortgage brokers. More... |
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