Newsletters

Brady Materials and Impeachment Evidence

Certain types of impeachment evidence are required to be disclosed by the Government to the defendant upon the defendant's request. The disclosure of evidence by the Government upon the defendant's request is commonly referred to as disclosure of Brady materials. Brady materials must be known to the Government and must be material to the defendant's case to require disclosure.

CRIMINAL INSTRUMENTS & TOOLS

A person commits an offense if he or she possesses criminal instruments or tools with the intent to use the criminal instruments or tools in the commission of a crime. A person also commits the offense of criminal instruments and tools if he or she manufactures, sells, or adapts criminal instruments or tools, with the intent to use, to aid in the use, or to permit another person to use the criminal instruments or tools in the commission of a crime.

Insurance Fraud and Federal Prosecutions

Although there is no specific federal statute prohibiting insurance fraud because there is a nexus with interstate commerce, federal prosecution for fraudulent conduct may be sought under a variety of different statutes.

Recusal of Judges

The defendant is entitled to a fair criminal trial. In order for the defendant to be afforded a fair trial, a judge must behave in a proper manner. If the judge engages in improper behavior the defendant may request that the judge recuse himself.

Sexual Exploitation of Children

The crime of sexual exploitation of children is a highly prosecuted crime especially in the past decade. There are actually sub-categories with respect to the underlying offense of sexual exploitation of children.