| Arraignments |
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| After a defendant has been arrested, he will be scheduled for an arraignment. The defendant may have been released on bail or his own recognizance, or he may have been required to remain in jail until his arraignment. An arraignment is a proceeding whereby the offense that the defendant is charged with is read to him and he enters a plea to the offense charged. The defendant is also apprised of his right to:More... |
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| PRESERVATION OF ERROR FOR APPELLATE REVIEW |
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| A defendant's claim of error in a trial court can only be reviewed by an appellate court if the defendant properly presented or preserved the error in the trial court. The appellate court cannot review the error if the error was not properly presented to the trial court either before, during, or immediately after a trial.More... |
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| FEDERAL LAWS REGARDING DOMESTIC VIOLENCE |
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| 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.
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| EVIDENTIARY HEARINGS IN FEDERAL HABEAS CORPUS PROCEEDINGS |
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| A federal district court may dismiss a state prisoner's petition for federal habeas corpus relief without an evidentiary hearing if the petition is not sufficient on its face, if the petition fails to conform to applicable rules and procedure, or if the petition is frivolous. If the federal district court does not dismiss the petition, it will determine whether the prisoner is entitled to an evidentiary hearing on his or her petition.More... |
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| A DEFENDANT'S RIGHT TO TESTIFY |
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| 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... |
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