| Comments During Closing Arguments and Curative Instructions |
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| If the defendant suspects that the prosecutor has made an inappropriate comment or remark during closing arguments, the defendant should make an immediate and contemporaneous objection. If the defendant fails to immediately object to the comment or remark, the defendant's later objection to the comment or remark will be deemed waived.
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| COMPETENCY TO STAND TRIAL |
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| State and federal procedures in a criminal trial must protect a defendant's due process rights. If a defendant who is legally incompetent to stand trial is convicted of a criminal offense, the defendant's due process rights are violated. A defendant cannot be prosecuted if he or she is incompetent to stand trial.More... |
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| DUI Defenses |
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| If one is charged with driving under the influence of alcohol (DUI), or driving while intoxicated (DWI), or operating under the influence (OUI), there are numerous defenses one could raise prior to trial by way of a motion to suppress evidence or to dismiss the charges or during trial. Some of the most common and potential defenses are discussed below in more detail.More... |
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| APPELLATE BRIEFS |
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| A state's rules of appellate procedure determine the requirements for filing an appellate brief. An appellate brief is generally required to be filed within a certain number of days after the filing of a notice of appeal and the filing of a trial court's record. An appellant is required to serve a copy of his or her brief on an opposing party. Other copies may be required to be filed. Proof of service must be affixed to the brief. Service may generally be accomplished by mail, by personal service, or by fax. The opposing party must file its brief within a certain number of days after it is served with a copy of the appellant's brief.More... |
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| DEFENSE EVIDENCE AT SENTENCING HEARINGS |
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| Either the prosecution or the defense is entitled to introduce evidence at a defendant's sentencing hearing. If the defense introduces evidence, it usually takes the form of reputation and character evidence or mitigation evidence.More... |
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