| A DEFENDANT'S RIGHT TO REMAIN SILENT DURING TRIAL |
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| The Fifth Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to be a witness against himself or herself. The self-incrimination privilege of the Fifth Amendment means that a defendant cannot be compelled to testify at his or her criminal trialMore... |
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| TYPES OF PROBATION |
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| There are generally three types of probation. The first type of probation is regular probation. In this type of probation, a defendant is convicted of an offense and is given a term of imprisonment that is immediately suspended. The defendant is placed on probation in lieu of imprisonment. The second type of probation is deferred adjudication probation. In this type of probation, the defendant is placed on probation without a finding of guilt. The third type of probation is continuing jurisdiction probation or "shock" probation. In this type of probation, the defendant is convicted and sentenced to a term of imprisonment. The defendant serves a certain amount of his or her sentence after which time the remainder of the defendant's sentence is suspended and the defendant is placed on probation.More... |
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| APPELLATE COURT STANDARDS OF REVIEW |
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| There are several standards that an appellate court uses in reviewing a defendant's conviction or sentence in a criminal case. These standards of review include certain legal presumptions, judicial notice, the law of the case doctrine, the sufficiency of the evidence, reversible error, harmless error, and fundamental error. More... |
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| HUNG JURY |
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A jury is required to render a unanimous verdict in a criminal trial. If the jury cannot reach a unanimous verdict, the jury is considered to be a hung jury. A trial court must declare a mistrial in the event of a hung jury.
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| Criminal Forfeitures and Attorney Fees |
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| Although a defendant has a right to an attorney and although the attorney has a right to be compensated for her services, the defendant does not necessarily have the right to transfer an asset to that attorney in lieu of payment when the asset may be subject to criminal forfeiture. Generally, the defendant may transfer an asset for compensation to her attorney if:More... |
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