Newsletters

RELIEF FROM JUDGMENTS REGARDING COMPETENCY TO STAND TRIAL

A defendant does not generally have a right to appeal a judgment from a hearing on the defendant's competency to stand trial. The defendant only has a right to appeal his or her conviction for the offense with which he or she was charged.

Depositions

Depositions are not a discovery device for purposes of federal criminal practice. But depositions are permitted in the interests of justice or in exceptional circumstances. Further, if both parties agree, depositions may also be taken of witnesses. Either party may file a motion to take a deposition of a witness. The moving party should file its motion promptly and early in the pretrial process if possible. The moving party has the burden of showing that it is necessary to take the deposition of a witness in the interests of justice. It is within the trial court's discretion to grant or deny the request to conduct a deposition.

Competency and Sequestration of Witnesses

Testimony of witnesses is a common way to present evidence during a criminal trial. However, before the testimony of a witness can be accepted during a defendant's trial it must be established that the witness is competent or have the capacity to testify.

Bribery and Financial Institutions

Bribery with respect to financial institutions is a federal offense.

Defendants and Sentencing with Respect to Convictions of Violating Environmental Statutes

There are three types of defendants that may be charged in a case involving a violation of an environmental statute. The three types of defendants include corporations, corporate officers and individuals.