| SEARCH & SEIZURE - ARREST WARRANTS |
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| 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 place to be searched or the person or thing to be seized.More... |
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| THEFT OF SERVICE |
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| 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. More... |
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| BIGAMY |
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| A person commits the offense of bigamy when he or she is legally married and when he or she marries or purports to marry another person, who is not his or her spouse. A person also commits the offense of bigamy when he or she is not legally married and when he or she marries or purports to marry another person who is legally married.
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| Right to Effective Counsel and Attachment of the Right to Counsel |
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| The Sixth Amendment to the United States Constitution guarantees a defendant the right to effective assistance of counsel in criminal proceedings. Effective assistance of counsel is presumed. If the defendant claims that his counsel was ineffective, he has the burden of proving that the ineffectiveness prejudiced him and that a different result would have occurred but for the ineffectiveness. Instances that do not constitute ineffectiveness include trial tactics, failure to raise an invalid defense, and failure to argue frivolous matters.More... |
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| JURY INSTRUCTIONS ON ELEMENTS OF AN OFFENSE |
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| The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense. More... |
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