Faugno & Associates, L.L.C.
Criminal Law Newsletter
Prosecutions for State Insurance Fraud
 
Most states have statutes governing the issue of insurance fraud. One may be charged with insurance fraud if: The individual prepared or presented a false or fraudulent written statement; the individual aided, solicited, or conspired in presenting a fraudulent written statement; the individual had the specific intent to defraud the insurer. More...
 
COMPETENCY HEARINGS
 
If the issue of a defendant's competency to stand trial is raised either before or during a trial, a trial court is required to order a separate hearing on the defendant's competence. The hearing is conducted outside the presence of a jury, unless either the prosecution or the defense requests a hearing before a jury. If either the prosecution or the defense requests a hearing before a jury, a jury, other than the jury that has been empanelled to determine the defendant's guilt or innocence, must be selected. More...
 
CONTEMPT
 
Contempt is defined as conduct that obstructs or tends to obstruct the proper administration of justice. Contempt also includes an act that constitutes disrespectful conduct towards a court. In order to constitute contempt, the act itself must be disrespectful. A person's intent or purpose is not relevant. The fact that the conduct may be irritating to the court does not constitute contempt. More...
 
KIDNAPPING & AGGRAVATED KIDNAPPING
 
A person commits the offense of kidnapping when he or she intentionally or knowingly abducts another person. The term "person" means a living human being and not an unborn child. The term "abduct" means the restraint of the other person by holding the other person where he or she is unlikely to be found and by using or threatening the other person with deadly force.More...
 
BURGLARY OF A HABITATION OR A BUILDING
 
A person commits the offense of burglary when he or she: (1) enters a habitation or a building that is not open to the public without the consent of an owner and with the intent to commit a felony or a theft; (2) remains hidden in a habitation or a building without the consent of the owner and with the intent to commit a felony or a theft; or (3) enters a habitation or a building without the consent of the owner and commits or attempts to commit a felony or a theft.More...
 
Find a Lawyer
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.