Gregory Smith & Associates
Former Manhattan Prosecutor Focusing on Federal Civil Rights Litigation and White Collar Criminal Defense.
Criminal Law Newsletter
PROBATION
 
Probation is a type of sentencing by which a trial court suspends the imposition of imprisonment and releases a defendant into the community based upon certain conditions. Probation is an alternative to imprisonment. Probation is similar to parole because it grants freedom from incarceration. More...
 
Closing Arguments During a Criminal Trial
 
The defendant is entitled to present a closing argument in a criminal trial. The defendant's right to give a closing argument has been deemed by the United States Supreme Court as a basic element of the adversary factfinding process. More...
 
UNLAWFUL POSSESSION OF A WEAPON WHERE PROHIBITED
 
In some states, a person commits the offense of unlawful possession of a weapon where prohibited if he or she intentionally, knowingly, or recklessly possesses a firearm, an illegal knife, a club, or a prohibited weapon on or within a certain number of feet from certain premises. Such premises include schools or educational institutions, polling places on the day of an election, courthouses, racetracks, secured areas of airports, or correctional institutions. 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...
 
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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