Newsletters

Witness Immunity From Prosecution

A witness may be granted immunity from prosecution by way of federal or state law. Immunity is granted in exchange for a witness's testimony about a certain event. There are two types of immunity available, use immunity or transactional immunity.

Prosecutions for State Insurance Fraud

Most states have statutes governing the issue of insurance fraud. One may be charged with insurance fraud if: The individual prepared or presented a false or fraudulent written statement; the individual aided, solicited, or conspired in presenting a fraudulent written statement; the individual had the specific intent to defraud the insurer.

Check Kiting, Improper Personal Loans to Banking Officers, and Overdrafts

Check kiting is a crime that involves one or more individuals who utilize checking accounts at two or more financial institutions. The purpose of using two or more institutions is for the systematic exchange of checks written in similar amounts. The individual uses the lag time that it takes to clear checks through the Federal Reserve System to use and collect the money.

JURY INSTRUCTIONS ON DEFENSE THEORIES

If requested by a defendant, a trial court is required to instruct a jury on any defense theories that are raised by the evidence. The defendant may raise those theories by his or her testimony alone. Also, the defendant is entitled to jury instructions on his or her affirmative defenses. The defendant's affirmative defenses do not need to be strong or to be uncontradicted in order for the defendant to be entitled to jury instructions on his or her affirmative defenses. The trial court is required to instruct the jury on the defendant's affirmative defenses, even if the trial court does not find that the affirmative defenses are credible or believable.

MURDER

A person commits the offense of murder when he or she intentionally or knowingly causes the death of an individual or when he or she intends to cause serious bodily injury to an individual and commits an act that causes the death of the individual.