Criminal Law Newsletters

AGGRAVATED SEXUAL ASSAULT

A person commits the offense of aggravated sexual assault when he or she intentionally or knowingly, without another person’s consent, causes the penetration of the anus or the female sexual organ of another person, causes the penetration of the mouth of the other person with a sexual organ, or causes the sexual organ of the other person to contact or to penetrate the mouth, anus, or sexual organ of the person or any other person.

EXTRAORDINARY RELIEF

A defendant has an adequate remedy at law for a lower court’s decision when he or she has a right to appeal the lower court’s decision. When the defendant cannot appeal the lower court’s decision, he or she may be entitled to extraordinary relief. Extraordinary relief is a method by which the defendant seeks to have an appellate court examine the lower court’s actions and order the lower court to perform or to refrain from performing a certain act.

Interstate Agreement on Detainers

The Interstate Agreement on Detainers (the Agreement) is an agreement that applies to the transfers of sentenced prisoners between two states or between the federal government and a state. The purpose of the transfer is for the trial of the prisoner in another jurisdiction on an unrelated matter for which he is incarcerated. The Agreement is not applicable for the transfer of a federal prisoner between several jurisdictions for trial on federal charges.

Self-Representation

A criminal defendant has a right to represent herself during criminal proceedings. Self-representation is a right afforded in both state criminal proceedings and federal criminal proceedings. The defendant has a right to represent herself and that right is implied within the purview of the Sixth Amendment to the United States Constitution. Self-representation is also referred to as pro se defense.

Witnesses and Confidential or Classified Information

Prosecutions involving issues of war, national security or espionage may involve witness testimony and classified information. Classified information is defined as information that should not be disclosed to the public because of the sensitivity of the information or the source from which the information was derived. Prosecutors and defense attorneys should avoid divulging classified information during the witness’s testimony. Under the Classified Information Procedures Act, the attorneys are to avoid any unnecessary or inadvertent disclosure of classified information.