| Federal Criminal Offenses charged in conjunction with Violations of Environmental Statutes |
| An individual or corporation may be charged with violating environmental statutes along with violating other federal statutes. More... |
| CONFESSIONS - SIXTH AMENDMENT RIGHT TO COUNSEL |
| In addition to the right to counsel during interrogation under the self-incrimination privilege of the Fifth Amendment of the United States Constitution, a person has a right to the assistance of counsel under the Sixth Amendment of the United States Constitution when the person is being interrogated after he or she is formally charged with an offense. More... |
| The Exclusionary Rule |
| When a defendant's fourth, fifth or sixth amendment rights have been violated, the exclusionary rule may apply. The exclusionary rule prevents evidence that was illegally obtained from admission at trial. The exclusionary rule was created by case law in 1914 and was made applicable to the states through case law in 1961.The exclusionary rule is a judicial mandate and does not guarantee the defendant's right to constitutional safeguards. More... |
| COMPETENCY TO STAND TRIAL |
| State and federal procedures in a criminal trial must protect a defendant's due process rights. If a defendant who is legally incompetent to stand trial is convicted of a criminal offense, the defendant's due process rights are violated. A defendant cannot be prosecuted if he or she is incompetent to stand trial.More... |
| INTERNATIONAL PARENTAL KIDNAPPING |
| A person commits a federal criminal offense if he or she removes a child from the United States with the intent to obstruct the lawful exercise of parental rights. Such offense is prohibited by the International Parental Kidnapping Act, which Act was enacted in 1993. A "child" is defined under the Act as a person who is under the age of 16 years old. The terms "parental rights" mean the right to physical custody of the child, either joint or sole custody, which right includes visitation rights. More... |
Alton L. Cannon Attorney at Law
