Criminal Law
| Criminal Forfeitures and Attorney Fees |
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| 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... |
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| SEARCH & SEIZURE - SEARCH WARRANTS |
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| The Fourth Amendment of the United States Constitution guarantees the right to be secure against unreasonable searches and seizures. It provides that warrants for an arrest or for a search shall be based on probable cause, shall be supported by an oath or an affirmation, and shall describe with particularity the placed to be searched or the person or thing to be seized. More... |
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| Violations of the Federal Controlled Substance Act |
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| The Drug Abuse Prevention and Control Act gives the government the authority to supervise the manufacture and distribution of controlled substances. The Federal Controlled Substance Act (Substance Act) is a subdivision of the Drug Abuse Prevention and Control Act. More... |
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| FRIVOLOUS APPEALS |
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| An appeal is considered to be frivolous if it lacks merit. An appeal lacks merit if a trial court committed no error in a defendant's case. Attorneys generally have a duty not to file frivolous appeals. However, even though an attorney may deem that a defendant's appeal is frivolous, he or she may be required to file an appellate brief. Such a brief is called an "Anders" brief. More... |
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| FINES & COSTS |
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| When a defendant is convicted of a criminal offense, the defendant is usually required to pay fines and costs as part of his or her sentence. If the defendant has only been ordered to pay fines and costs, the defendant will be discharged from a judgment requiring fines and costs upon full payment of the fines and costs to the proper authorities.
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