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.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...

MOTIONS IN LIMINE

A motion in limine is any motion that is filed either before or during a trial and that seeks to exclude prejudicial evidence before it is offered into evidence. A motion in limine usually seeks to exclude evidence of another party. More...

A DEFENDANT'S RIGHT TO TESTIFY

Although a defendant has a right to remain silent under the Fifth Amendment to the United States Constitution, the defendant also has a constitutional right to testify at his or her trial for a criminal offense. The defendant's right to testify includes his or her right to present a defense.More...

NECESSITY AS A DEFENSE

A necessity may be claimed as a defense when a defendant reasonably believed that his or her criminal act was immediately necessary to avoid imminent harm. The reasonableness of the defendant's act and the harm that was sought to be avoided by the defendant are the essential elements of the defense. The defendant must show that the harm that he or she sought to avoid was greater than the harm that was committed by his or her criminal act. In other words, the defendant must show that he or she was attempting to achieve a "greater good."More...