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Criminal Law Newsletters
In some states, a person commits an offense if he or she sells, rents, leases, or lends a handgun to another person with the knowledge that the person intends to use the handgun unlawfully or intends to use the handgun in the commission of an unlawful act. A "handgun" for purposes of this offense is any firearm that is designed, made, or adapted to be fired with one hand, such as a pistol or a revolver.
A person commits a criminal offense when he or she unlawfully delivers, distributes, or sells a controlled substance to another person. Delivery is defined as the actual or constructive transfer of the controlled substance to another person. Delivery may include selling, dispensing, giving away, or supplying the controlled substance.
When a defendant's fourth, fifth or sixth amendment rights have been violated, the exclusionary rule may apply. The exclusionary rule prevents evidence that was illegally obtained from admission at trial. The exclusionary rule was created by case law in 1914 and was made applicable to the states through case law in 1961.The exclusionary rule is a judicial mandate and does not guarantee the defendant's right to constitutional safeguards.
The Child Support Recovery Act of 1992 makes it a federal offense to willfully fail to pay a past due child support obligation for a child who resides in another state. A first offense under the Act is subject to a maximum penalty of six months in jail, to a fine, or both. Subsequent violations of the Act may be subject to a maximum penalty of two years in prison, to a fine, or both.
A judgment is a declaration by a trial court that shows whether a defendant has been convicted or acquitted of a criminal offense. The judgment must be in writing and must be signed by the trial court. The judgment is only evidence of the defendant's conviction. It is not the defendant's conviction. The defendant is convicted when the trial court pronounces the defendant's sentence. An appeal of the defendant's conviction cannot be filed until the judgment has been entered on the record.
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