Leilani V. Lujan Attorney at Law
Criminal Law Newsletter
JURISDICTION
 
Jurisdiction is a court's power to hear and to decide cases. There are two types of jurisdiction. The two types are subject-matter jurisdiction and personal jurisdiction. Subject-matter jurisdiction is the power of a particular court to hear and to decide certain types of cases. Personal jurisdiction is the power that a court exercises over a particular person. More...
 
DEFENSE OF PROPERTY
 
A person who is in lawful possession of real property may use force to protect his or her real property. The person may use force against another person or an intruder if he or she reasonably believes that force is immediately necessary to prevent the other person's trespass on his or her real property. A person who is in lawful possession of tangible personal property may use force against another person in order to prevent the other person's unlawful interference with the personal property. More...
 
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. More...
 
Brady Materials and Impeachment Evidence
 
Certain types of impeachment evidence are required to be disclosed by the Government to the defendant upon the defendant's request. The disclosure of evidence by the Government upon the defendant's request is commonly referred to as disclosure of Brady materials. Brady materials must be known to the Government and must be material to the defendant's case to require disclosure. More...
 
AMENDING INDICTMENTS & INFORMATIONS
 
An amendment is a change to an indictment or an information, which has the effect of correcting any defects in the indictment or the information. The amendment changes the wording of the indictment or the information so that it will not be subject to a defendant's motion to dismiss or motion to quash. More...
 
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