Criminal Law Newsletters

BRIBERY

A person commits the offense of bribery when he or she intentionally or knowingly offers to another person or solicits or accepts from another person any benefit in consideration of his or her decision, vote, or exercise of discretion as a public servant, a political party official, or a voter.

Customs Fraud and Evasion Practices

Double invoicing is a procedure in which the importer and foreign exporter agree to divide the per-unit cost between two invoices. Only one invoice is presented at entry. The second invoice for the balance is forwarded to the importer, either before or after entry, and is paid separately. The customs officials are able to detect the improper value of goods listed on an invoice if they are well seasoned in their work. The double invoicing scheme will work if all of the documents are altered properly.

HUNG JURY

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.

Prosecutors, Immunity and Conflicts of Interests

The prosecutor has immunity from civil liability for actions undertaken during their official duties. The prosecutor enjoys both absolute and qualified immunity. The prosecutor has absolute immunity in initiating a prosecution and in presenting the State's case, so long as the prosecutor's actions are done in conformity with the judicial process.

RELIEF FROM JUDGMENTS REGARDING COMPETENCY TO STAND TRIAL

A defendant does not generally have a right to appeal a judgment from a hearing on the defendant's competency to stand trial. The defendant only has a right to appeal his or her conviction for the offense with which he or she was charged.