Criminal Law Newsletters

AGGRAVATED ROBBERY

A person commits the offense of aggravated robbery when he or she during the course of a theft, which theft is committed with the intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causes serious bodily injury to another person, uses or exhibits a deadly weapon, or causes bodily injury or threatens to cause injury to an elderly or a disabled person.

DISPENSING CONTROLLED SUBSTANCES

practitioner commits a criminal offense if he or she unlawfully dispenses a controlled substance. A practitioner is a physician, a dentist, a veterinarian, a pharmacist, or any other person who is permitted to use controlled substances in his or her profession. Dispensing is the transfer or delivery of a controlled substance by a practitioner.

Motions to Suppress Evidence

A defendant may file a motion to suppress evidence during the pretrial phase of her trial. A motion to suppress is filed when the defendant is seeking to exclude evidence on the basis that it was illegally obtained. The evidence may have been obtained in violation of the defendant's right against unreasonable searches and seizures as provided under the Fourth Amendment of the United States Constitution. The evidence may have been tainted by other illegally obtained evidence, thereby supporting the defendant's assertion that it should be excluded.

Preliminary Determinations of Admissibility of Evidence

Generally speaking legal issues are to be determined by the trial court and factual issues are to be determined by a jury or judge if no jury is present. However, either the judge or the jury may determine preliminary determinations of facts.

Sexual Exploitation of Children

The crime of sexual exploitation of children is a highly prosecuted crime especially in the past decade. There are actually sub-categories with respect to the underlying offense of sexual exploitation of children.