Criminal Law Newsletters

FEDERAL HABEAS CORPUS PETITIONS

A state prisoner who is seeking federal habeas corpus relief must file a petition in a federal court. The petition does not need to be filed by the prisoner himself or herself. An attorney or a "next friend" of the prisoner may file the petition on behalf of the prisoner.

JURY INSTRUCTIONS ON ELEMENTS OF AN OFFENSE

The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense.

Larceny and Conversion of Government Property

Larceny or the theft of government property is a federal offense. In order to prove the crime; the prosecution mustprove the following: A wrongful taking or carrying away of property; the property belonged to the United States; the defendant took the property without the consent of the United States; the defendant had the intent to deprive the United States of the property.

Plea Agreements Generally

When a defendant has been charged with a crime, it is his decision whether to enter a guilty or not guilty plea to the offense. Often times, a defendant enters a guilty plea based upon a plea agreement. Many prosecutors offer defendants plea agreements or bargains in order to ascertain a guilty plea from the defendant.

Postconviction Procedures

After a defendant is convicted of a crime, he may decide to file a postconviction motion or appeal his conviction. The types of postconviction motions the defendant may file differ from state to state. The defendant may file several different motions after a judgment has been entered against him.