Criminal Law Newsletters

BURGLARY OF A MOTOR VEHICLE

A person commits the offense of burglary of a motor vehicle when he or she breaks or enters into a motor vehicle, or any part thereof, without the consent of the owner and with the intent to commit a felony or a theft.

CHALLENGING JURISDICTION

Jurisdiction is a court's power to hear and to decide cases. There are two types of jurisdiction. They are subject-matter jurisdiction and personal jurisdiction. Subject-matter jurisdiction is the power of a particular court to hear and to decide certain types of cases. Personal jurisdiction is the power that a court exercises over a particular person.

Discovery and Brady Materials

In accordance with the Due Process Clause of the United States Constitution, the Government has an obligation to provide a defendant, upon his request, of all evidence in its possession that is favorable to the defendant and material to the case against the defendant. If the Government fails to disclose the requested information to the defendant, a new trial may be required.

Possession of Drug Paraphernalia

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.

Principals and Accessories

A defendant in an action may be charged as a principal offender of the underlying offense or an accessory to the underlying offense. Depending upon the defendant's actions and role in the offense, the prosecution will decide to charge the defendant as a principal or an accessory.