| CONTINUANCES DURING TRIAL |
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| A continuance is an adjournment or a postponement of a case. A continuance may be sought by either the prosecution or the defense in a criminal case. The continuance may be sought before a trial or during the trial. More... |
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| ASSIMILATIVE CRIMES ACT |
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| Although states are primarily responsible for prosecuting domestic violence cases, the federal government has enacted several laws that may be used by federal authorities to prosecute such cases. Those federal laws include the Violence Against Women Act (VAWA), the Gun Control Act of 1968 (GCA), and statutes that prohibit interstate domestic violence and interstate violation of a protective order.
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| A DEFENDANT'S RIGHT TO A JURY TRIAL |
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| A defendant in a criminal prosecution is guaranteed the right to a jury trial under the Sixth Amendment to the United States Constitution unless the prosecution is for a petty offense. A petty offense is defined as an offense that carries a penalty of no more than six months in jail. The right to a jury trial applies to federal and state offenses. In addition, most states have enacted constitutional provisions and statutes that guarantee a defendant the right to a jury trial. More... |
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| DUI Defenses |
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| If one is charged with driving under the influence of alcohol (DUI), or driving while intoxicated (DWI), or operating under the influence (OUI), there are numerous defenses one could raise prior to trial by way of a motion to suppress evidence or to dismiss the charges or during trial. Some of the most common and potential defenses are discussed below in more detail. More... |
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| WAIVER OF APPEAL |
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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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