The Harbour Law Firm, P.C.
Criminal Law Newsletter
MANUFACTURING CONTROLLED SUBSTANCES
 
A person commits a criminal offense if he or she manufactures a controlled substance without authorization, if he or she manufactures a counterfeit or a simulated substance with the intent to deliver a controlled substance, or if he or she manufactures drug paraphernalia with the intent to deliver the drug paraphernalia to a person who intends to violate the drug laws. More...
 
RESISTING ARREST
 
A person commits the offense of resisting arrest when he or she intentionally prevents or obstructs a peace officer from effecting an arrest, a search, or a transportation of him or her or another person by using force against the peace officer. More...
 
SEARCH & SEIZURE and WARRANTLESS ARRESTS
 
An arrest occurs when a person has been placed under restraint or has been taken into custody by a police officer. A person is placed under restraint when his or her freedom of movement is restricted by physical force or by a show of authority. The use of physical force occurs with the slightest touching or the application of physical force. A show of authority occurs when a police officer's words and actions operate as a command. An arrest does not occur when a person is free to leave or when the person feels that he or she is free to leave. Mere questioning by the police does not constitute an arrest.More...
 
MISCELLANEOUS GAMBLING OFFENSES
 
A person commits the offense of gambling promotion when he or she intentionally or knowingly operates or participates in the earnings of a gambling establishment; engages in bookmaking; becomes a custodian of any item of value that is bet or is offered to be bet; sells chances on the result of a game or contest or on the performance of a participant in the game or contest; sells chances on the result of a political nomination or election or on the success of any nominee or candidate in the election; promotes a lottery; or sells, offers to sell, or knowingly possesses any card, stub, ticket, check, or other lottery device, which sale or possession is for the purpose of a gain.More...
 
RECORDS ON APPEAL
 
In order for an appellant to prosecute an appeal, a record of a trial court's proceedings must be filed with an appellate court. The reason for the trial court's record is that the appellate court does not conduct an evidentiary hearing during an appeal. It does not take testimony or admit evidence. Its role is to examine the trial court's proceedings in accordance with the record in order to determine whether the trial court committed any errors.More...
 
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