Law Offices of Gene E. Dorney
Criminal Law Newsletter
AIRCRAFT PIRACY
 
Federal law prohibits the seizure, by force or violence, by threat of force or violence, or by any other form of intimidation with wrongful intent, of an aircraft within the special aircraft jurisdiction of the United States. Such an offense is called aircraft piracy or hijacking. The display of a dangerous weapon by a defendant constitutes a sufficient use of force or violence for purposes of the offense. More...
 
Joinder of Defendants
 
A defendant or the prosecution may file a motion for a joinder of defendants. It is within the trial court's discretion to grant or deny the motion for joinder. The party seeking the joinder must show that the defendants participated in the same act or transaction or in the same series of transactions. Joinder of defendants requires more than simply showing that the defendants committed similar offenses. The standard for joining defendants is satisfied if the defendants shared a common purpose or scheme and if there was an overlap in their acts. More...
 
DEFENSE EVIDENCE AT SENTENCING HEARINGS
 
Either the prosecution or the defense is entitled to introduce evidence at a defendant's sentencing hearing. If the defense introduces evidence, it usually takes the form of reputation and character evidence or mitigation evidence.More...
 
PARDON PROCEDURES
 
Whether a defendant is eligible for a pardon by a state's governor generally depends upon his or her status with regard to the sentence that was imposed by a trial court. The governor may request a pardon for the defendant from the state's parole board. The parole board is then required to consider the pardon for the defendant. More...
 
CONTEMPT PROCEEDINGS
 
Although there are two types of contempt, civil and criminal, a contempt proceeding is basically a criminal proceeding. It must guarantee the same procedural safeguards as a criminal proceeding. Due process must be provided to a person who is going to be held in contempt, regardless of whether the contempt is civil or criminal.More...
 
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