Newsletters

THEFT OF SERVICE

A person commits the offense of theft of service when he or she, with the intent to avoid payment for a service that is provided only for compensation: (1) intentionally or knowingly secures the performance of the service by deception, threat, or false token; (2) intentionally or knowingly diverts the service to his or her own use; (3) holds personal property beyond the expiration of a rental period; or (4) intentionally or knowingly obtains the performance of the service by agreeing to provide compensation and fails to make payment after receiving notice of a demand for payment.

Documentary Evidence

Documentary evidence is evidence that is derived on a material source or substance. Documentary or secondary evidence must be authenticated prior to its admission. Documentary evidence is the actual or original writing or non-testimonial evidence sought to be admitted. Secondary evidence is a copy of the original document or non-testimonial evidence. The proponent of the evidence must show that the evidence is what the proponent purports that it is.

Jury Selection in Capital Cases

In a case in which a defendant may face the death penalty, jury selection takes on additional and different concerns than those faced in jury selection generally. The nature of the case, penalty phase procedures and length of the case are all additional factors that must be taken into consideration.

RELEASE ON BAIL PENDING AN APPEAL

Whether a defendant is entitled to be released on bail pending his or her appeal depends upon the type of offense of which the defendant was convicted and the length of sentence that is imposed on the defendant. If the defendant is convicted of a misdemeanor, the defendant is generally entitled to reasonable bail pending his or her appeal. If the defendant is convicted of a felony, the length of the defendant's sentence generally determines whether the defendant is entitled to bail.

Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications

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: