Anthony J. Lochiatto
Criminal Law Newsletter
 
CLEMENCY FOR DOMESTIC VIOLENCE VICTIMS
 
In some states, legislatures have recently enacted laws that grant the possibility of clemency by the states' governors for domestic violence victims who have been convicted of certain offenses, such as murder and manslaughter. In those states, the governors are entitled to request a clemency investigation by the states' parole boards into cases where defendants have pleaded guilty or have been convicted of those offenses when the offenses were directly related to the defendants' being victimized by domestic violence. More...
 
Plea Agreements Generally
 
When a defendant has been charged with a crime, it is his decision whether to enter a guilty or not guilty plea to the offense. Often times, a defendant enters a guilty plea based upon a plea agreement. Many prosecutors offer defendants plea agreements or bargains in order to ascertain a guilty plea from the defendant. More...
 
APPELLATE COURT DECISIONS
 
An appellate court has authority to render several types of decision with regard to an appeal. The appellate court may affirm a judgment of a trial court, may reverse the decision of the trial court, or it may reform the decision of the trial court. The appellate court may also dismiss an appeal, may abate an appeal, or it may grant or deny a rehearing of its decision.More...
 
Types of Pleas and Withdrawal of a Guilty Plea
 
When an accused has been charged with an offense, he has a choice of whether to enter a not guilty, a no contest, or a guilty plea. A not guilty plea is a plea in which the accused does not accept responsibility for the charged offense. After the accused has entered a not guilty plea, the matter is set for trial. Pre-trial procedures and trial preparations then begin. More...
 
DEFENSE OF A THIRD PERSON
 
A defendant is entitled to use force or deadly force against another person in order to protect a third person from the other person. The defendant must show that he or she reasonably believed that the use of force was necessary to protect the third person. More...
 
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