| ALIBI DEFENSE |
| An alibi means that a defendant was at a place at the time of an offense where he or she could not have participated in the offense. Although an alibi defense is not an affirmative defense, it does involve the negation of an element of the prosecution's case against a defendant. The defendant does not have the burden of proving his or her alibi. The prosecution has the burden of proving that the defendant committed the offense. The alibi defense contradicts the allegations of an indictment or an information against the defendant and casts doubt about whether the prosecution has met its burden of proof.More... |
| SEARCH WARRANTS |
| A search warrant is a written document that is signed by a magistrate or a judicial officer. The search warrant allows the police to conduct a search and describes the property that may be seized.More... |
| REVOCATION OF PAROLE |
| A prisoner who is granted parole is required to abide by all the terms and conditions of his or her parole. If the prisoner violates any of the terms and conditions of his or her parole or if the prisoner commits a criminal offense while on parole, the prisoner's parole may be revoked. More... |
| Eyewitness Identification of the Defendant and Defendant's Fifth and Sixth Amendment Rights |
| There are various methods in which an eyewitness may identify a defendant. Both in-court and out-of-court identifications may be permitted during a criminal trial. More... |
| INTOXICATION AS A DEFENSE |
| Intoxication is defined as a change in a person's mental or physical capacity as a result of the introduction of any substance into the person's body, regardless of whether the substance is alcohol or a drug. Voluntary intoxication is when a person voluntarily places himself or herself in an intoxicated condition. Voluntary intoxication is generally not a defense to the commission of a crime, even if it makes a person unaware of his or her surroundings, makes him or her unconscious, or gives him or her no memory or understanding of his or her offense. More... |
Wilka & Welter LLP
Attorneys at Law
