| Mail Fraud |
| Mail fraud involves the use of the mail system to defraud other individuals. To be found guilty of mail fraud the following elements must be proved: The defendant's intent to defraud another individual; the defendant's scheme to defraud another individual; the defendant actually mailed the materials in question. More... |
| INTERNATIONAL PARENTAL KIDNAPPING |
| A person commits a federal criminal offense if he or she removes a child from the United States with the intent to obstruct the lawful exercise of parental rights. Such offense is prohibited by the International Parental Kidnapping Act, which Act was enacted in 1993. A "child" is defined under the Act as a person who is under the age of 16 years old. The terms "parental rights" mean the right to physical custody of the child, either joint or sole custody, which right includes visitation rights. More... |
| JURY INSTRUCTIONS ON ELEMENTS OF AN OFFENSE |
| The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense. More... |
| BILLS OF EXCEPTION |
| 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. More... |
| What to Do When You Have Been Arrested |
| After an accused has been arrested for committing a crime, what happens next and what should he do next? Once an officer has taken the accused into custody, he is no longer free to walk away, and the arrest is complete. An arrest is only proper and legal if the officer has probable cause to believe that the accused committed an offense or was about to commit an offense. An arrest is also proper when it is being conducted pursuant to an arrest warrant. However, if the warrant is not valid, numerous other issues will be raised. More... |
Terry D. McEachern Attorney at Law
