Criminal Law Newsletters

Abuse of Public Office & Misuse of Official Information

A public servant commits the offense of abuse of public office when he or she intentionally or knowingly and with the intent to obtain a personal benefit violates a law regarding his or her office or misuses government property, services, personnel, or anything of value, which has come into his or her possession by virtue of his or her office or employment. The word "misuse" means to deal with property contrary to any agreement, any contract, or any law.

Production Immunity

Although the concept of production immunity is relatively new, in 1886 the United States Supreme Court held that the compulsory production of private papers containing incriminating information violated the Fifth Amendment to the United States Constitution. The Court has since found that as long as the subpoenaed papers were prepared voluntarily, the documents themselves cannot be said to contain compelled testimonial evidence. The documents therefore may not always be withheld on Fifth Amendment grounds.

Self-Representation

A criminal defendant has a right to represent herself during criminal proceedings. Self-representation is a right afforded in both state criminal proceedings and federal criminal proceedings. The defendant has a right to represent herself and that right is implied within the purview of the Sixth Amendment to the United States Constitution. Self-representation is also referred to as pro se defense.

Unlawful Sale or Transfer of Weapons

In some states, a person commits an offense if he or she sells, rents, leases, or lends a handgun to another person with the knowledge that the person intends to use the handgun unlawfully or intends to use the handgun in the commission of an unlawful act. A "handgun" for purposes of this offense is any firearm that is designed, made, or adapted to be fired with one hand, such as a pistol or a revolver.

Violations of the Poultry Products Inspection Act

The Poultry Products Inspection Act was enacted to protect the health and welfare of consumers. The Act ensures that poultry products that are distributed in interstate commerce are of good quality and comply with the requirements set forth under the Act. The Act provides prohibitions against numerous types of conduct.