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.

BURGLARY OF A MOTOR VEHICLE

A person commits the offense of burglary of a motor vehicle when he or she breaks or enters into a motor vehicle, or any part thereof, without the consent of the owner and with the intent to commit a felony or a theft.

CREDIT CARD OR DEBIT CARD ABUSE

A person commits the offense of credit card or debit card abuse when he or she presents a credit card or a debit card knowing that the card was not issued to him or her or that the card had expired or was revoked, uses a fictitious credit card or debit card with the intent to obtain a benefit, steals a credit card or a debit card knowing that it was stolen, buys a credit card or a debit card knowing that the person who is selling the card is not the cardholder, sells a credit card or a debit card without being the issuer, or signs or uses another person's credit card or debit card without the other person's consent. The offense may also be committed by possessing a credit card or a debit card that has not been issued to the person.

Surveillance Changes under the PATRIOT Act

The PATRIOT Act provides federal and international agencies with the ability to track and intercept oral, written, and electronic communications.

WAIVER OF THE RIGHT TO COUNSEL

Even though a defendant is guaranteed the right to counsel under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, the defendant is entitled to waive such right. However, the defendant's waiver must be voluntary, knowing, and intelligent.