Criminal Law Newsletters
ASSIMILATIVE CRIMES ACT
Although states are primarily responsible for prosecuting domestic violence cases, the federal government has enacted several laws that may be used by federal authorities to prosecute such cases. Those federal laws include the Violence Against Women Act (VAWA), the Gun Control Act of 1968 (GCA), and statutes that prohibit interstate domestic violence and interstate violation of a protective order.
Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications
An overhearing is when an individual believes that another has illegally overheard their communication. When a defendant believes that he has been illegally overheard, he may file a motion alleging that an unlawful act of electronic surveillance has been conducted. The defendant may request the disclosure of the electronic communication. The federal government may request that the trial court require the defendant to provide specific information regarding the disclosure of the electronic surveillance. The defendant may be required to provide the following information:
Possession of Drug Paraphernalia
A person commits a criminal offense when he or she uses drug paraphernalia or possesses drug paraphernalia with the intent to use the drug paraphernalia. Possession of drug paraphernalia is the knowing or intentional use or possession with the intent to use the drug paraphernalia.
Types of Healthcare Fraud and Criminal Ramifications
Healthcare fraud is a prevalent crime. Federal healthcare fraud involves fraudulent conduct with respect to any federal healthcare program or plan that provides health benefits to an individual. The plan or program is funded by the United States either directly or by way of a state healthcare fund.
UNLAWFUL POSSESSION OF A WEAPON WHERE PROHIBITED
In some states, a person commits the offense of unlawful possession of a weapon where prohibited if he or she intentionally, knowingly, or recklessly possesses a firearm, an illegal knife, a club, or a prohibited weapon on or within a certain number of feet from certain premises. Such premises include schools or educational institutions, polling places on the day of an election, courthouses, racetracks, secured areas of airports, or correctional institutions.
