| Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications |
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| 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: More... |
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| Informants |
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| An informant is an individual that provides law enforcement officers with information about an individual or a criminal activity. Informants may be sought out by law enforcement officers or may just be present at the time that a crime occurred. There are numerous types of informants.
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| SENTENCING HEARINGS |
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| When a defendant is accused of a criminal offense and the defendant pleads not guilty to the offense, the defendant's trial may involve a two-stage process, depending upon whether the defendant is tried by a jury or a trial judge. The two-stage process involves the guilt or innocence stage of the trial and the punishment stage of the trial. More... |
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| Possession of Drug Paraphernalia |
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| 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.
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| Right to Effective Counsel and Attachment of the Right to Counsel |
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| The Sixth Amendment to the United States Constitution guarantees a defendant the right to effective assistance of counsel in criminal proceedings. Effective assistance of counsel is presumed. If the defendant claims that his counsel was ineffective, he has the burden of proving that the ineffectiveness prejudiced him and that a different result would have occurred but for the ineffectiveness. Instances that do not constitute ineffectiveness include trial tactics, failure to raise an invalid defense, and failure to argue frivolous matters. More... |
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