| SEARCH & SEIZURE - SEARCH WARRANTS |
| The Fourth Amendment of the United States Constitution guarantees the right to be secure against unreasonable searches and seizures. It provides that warrants for an arrest or for a search shall be based on probable cause, shall be supported by an oath or an affirmation, and shall describe with particularity the placed to be searched or the person or thing to be seized.More... |
| MISCELLANEOUS GAMBLING OFFENSES |
| A person commits the offense of gambling promotion when he or she intentionally or knowingly operates or participates in the earnings of a gambling establishment; engages in bookmaking; becomes a custodian of any item of value that is bet or is offered to be bet; sells chances on the result of a game or contest or on the performance of a participant in the game or contest; sells chances on the result of a political nomination or election or on the success of any nominee or candidate in the election; promotes a lottery; or sells, offers to sell, or knowingly possesses any card, stub, ticket, check, or other lottery device, which sale or possession is for the purpose of a gain.More... |
| A DEFENDANT'S RIGHT TO A JURY TRIAL |
| A defendant in a criminal prosecution is guaranteed the right to a jury trial under the Sixth Amendment to the United States Constitution unless the prosecution is for a petty offense. A petty offense is defined as an offense that carries a penalty of no more than six months in jail. The right to a jury trial applies to federal and state offenses. In addition, most states have enacted constitutional provisions and statutes that guarantee a defendant the right to a jury trial.More... |
| SEARCH & SEIZURE - VEHICLE SEARCHES |
| The Fourth Amendment of the United States Constitution guarantees the right to be protected against unreasonable searches and seizures. This right is based upon an expectation of privacy in a person's body and a person's home. There is not the same expectation of privacy with regard to an automobile because the automobile is being used on a public highway or road. There is another distinction with regard to an automobile. An automobile is capable of being moved and can become unavailable to the police. Therefore, there is an exception to the Fourth Amendment's requirement for a warrant in cases involving searches of automobiles.More... |
| SENTENCING CREDITS |
| A defendant who is sentenced for a criminal offense may be entitled to two types of credits. These credits are flat time credits and good time credits. Flat time credits are credits for pretrial jail time. Good time credits are credits for good behavior.More... |
Law Offices of Timothy M. Gunning, LLC
