Criminal Law Newsletter

SEARCH & SEIZURE - INVESTIGATIVE STOPs

If a police officer has a reasonable basis for believing that a person is involved in criminal activity or is about to be involved in criminal activity, the officer has a right to make an investigative stop of that person. Another name for an investigative stop is a "Terry Stop," which name is taken from the United States Supreme Court case of Terry v. Ohio. The officer may make the stop even though he or she does not have probable cause for an arrest. The purpose of the stop is to investigate criminal activity and not to make an arrest.More...

The Criminal Justice Process - An Overview

The criminal justice process begins with the discovery that a crime has been committed. Some crimes such as traffic offenses and resisting arrest are committed in the presence of a law enforcement officer. In general, when a police officer observes the commission of a crime, the officer may arrest the offender without seeking an arrest warrant. Most crimes, however, are committed when a law enforcement officer is not present. Those crimes are investigated by state and local police departments, and federal agencies including the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Immigration and Naturalization Service (INS), and the Internal Revenue Service (IRS). More...

TERMS & CONDITIONS OF PROBATION

A trial judge generally has discretion whether to grant probation to a defendant. The trial judge also has discretion to determine the terms and conditions of the defendant's probation. Only the trial judge that presided over the defendant's trial has the authority to determine the terms and conditions of the defendant's probation, unless the trial judge transfers jurisdiction of the defendant's case to another court. Although a jury may recommend probation for a defendant, the jury does not have the authority to determine the terms and conditions of the defendant's probation. More...

Bribery and Financial Institutions

Bribery with respect to financial institutions is a federal offense.More...

Prosecutors, Immunity and Conflicts of Interests

The prosecutor has immunity from civil liability for actions undertaken during their official duties. The prosecutor enjoys both absolute and qualified immunity. The prosecutor has absolute immunity in initiating a prosecution and in presenting the State's case, so long as the prosecutor's actions are done in conformity with the judicial process.More...