R. Scott Whitehead, P.A.
Criminal Law Newsletter
Recusal of Judges
 
The defendant is entitled to a fair criminal trial. In order for the defendant to be afforded a fair trial, a judge must behave in a proper manner. If the judge engages in improper behavior the defendant may request that the judge recuse himself. More...
 
INSANITY DEFENSE
 
The defense of insanity is an affirmative defense to a criminal offense if at the time of the offense a defendant was suffering from a severe mental disease or defect, which disease or defect rendered the defendant incapable of knowing that his or her conduct was wrong. The purpose of the defense is to determine whether the defendant should be held responsible for the offense. It only excuses the defendant's conduct. It does not mean that the defendant did not commit the offense.More...
 
Bribery and Financial Institutions
 
Bribery with respect to financial institutions is a federal offense.More...
 
A DEFENDANT'S RIGHT TO A JURY TRIAL
 
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...
 
RESISTING ARREST
 
A person commits the offense of resisting arrest when he or she intentionally prevents or obstructs a peace officer from effecting an arrest, a search, or a transportation of him or her or another person by using force against the peace officer. More...
 
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