Wayne H. Battersby
777 E. Tahquitz Canyon Way, Suite 200, Palm Springs, California 92262 Telephone:
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Criminal Law Newsletter
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. More...
 
CARRYING WEAPONS OR EXPLOSIVES ON AN AIRCRAFT
 
It is a federal offense to carry weapons or explosives on an aircraft. It is also a federal offense to attempt to board an aircraft with weapons or explosives. A defendant commits either of these offenses when he or she: (1) boards or attempts to board an aircraft while possessing on his or her person or property a deadly or a dangerous weapon, which weapon is concealed and which weapon could be accessible to him or her in flight; (2) places or attempts to place aboard any aircraft a loaded firearm in his or her baggage or in any other property that is not accessible to him or her in flight; or (3) places or attempts to place aboard an aircraft any bomb or similar explosive or incendiary device. More...
 
TERMS & CONDITIONS OF PROBATION
 
A trial judge generally has discretion whether to grant probation to a defendant. The trial judge also has discretion to determine the terms and conditions of the defendant's probation. Only the trial judge that presided over the defendant's trial has the authority to determine the terms and conditions of the defendant's probation, unless the trial judge transfers jurisdiction of the defendant's case to another court. Although a jury may recommend probation for a defendant, the jury does not have the authority to determine the terms and conditions of the defendant's probation. More...
 
RIGHTS OF CRIME VICTIMS
 
Being a victim of a crime is a frightening experience. Until fairly recently, crime victims had no rights and did not have access to any federal, state, or local services to help them through the experience. In most states, there are now many services and resources that are available to crime victims. More...
 
Ex Post Facto Laws
 
An ex post facto law is a law that provides for punishment for an act that was committed when the act was not illegal. Additionally, an ex post facto law includes: More...
 
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