Haugh & Winters, LLP
Attorneys at Law
Criminal Law Newsletter
PARDON PROCEDURES
 
Whether a defendant is eligible for a pardon by a state's governor generally depends upon his or her status with regard to the sentence that was imposed by a trial court. The governor may request a pardon for the defendant from the state's parole board. The parole board is then required to consider the pardon for the defendant. More...
 
SEARCH & SEIZURE - SCHOOL SEARCHES
 
The protection of the Fourth Amendment of the United States against unreasonable searches and seizures did not traditionally apply to searches of students in schools because school officials are not law enforcement officials and because they are given permission to act on behalf of the students' parents while the students are in school. The law in this area changed in 1985 when the United States Supreme Court held that school officials act as representatives of a state when they conduct searches and that the Fourth Amendment applies to searches by the school officials on school property.More...
 
Red Flags and Mortgage Fraud
 
Due to the popular refinancing boom of the last few years, mortgage fraud has been on the rise. Unfortunately, borrowers tend to be the victims of the offense. The parties involved in mortgage fraud may include mortgage companies, mortgage brokers, appraisers, or borrowers.More...
 
REGISTERING FIREARMS UNDER THE NATIONAL FIREARMS ACT
 
The National Firearms Act (NFA) requires makers, manufacturers, and importers of firearms to register certain types of firearms with the Bureau of Alcohol, Tobacco, and Firearms (ATF). The NFA also requires persons who are in possession of those types of firearms to register them with the ATF. Such firearms include machine guns, short-barrel rifles, short-barrel shotguns, silencers, and destructive devices. Destructive devices include explosives, incendiaries, poison gas, bombs, or grenades. These firearms are referred to as NFA firearms.More...
 
CONFESSIONS - WAIVER OF RIGHTS
 
A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution. More...
 
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