Criminal Law Newsletters
Criminal forfeiture actions are generally thought of as a quasi-criminal matter. Criminal forfeiture involves the literal forfeiture of the defendant’s personal or real property. Probable cause must be shown to support the seizure of property subject to forfeiture.
A person commits the offense of cruelty to animals if he or she intentionally or knowing tortures an animal, fails to provide food, care, or shelter for an animal, abandons an animal, transports or confines an animal in a cruel manner, kills or seriously injures an animal that belongs to another person, or causes an animal to fight with another animal.
Judicial notice is the knowledge or recognition that a fact is true without evidence to support its truth. An example of a fact that a court may take judicial notice of is that the sky is blue. Most people know and understand that the sky is blue and no proof is needed to establish that the sky is blue.
When a defendant has been convicted of a criminal offense, the defendant may seek relief from his or her conviction by filing a motion in arrest of judgment. A motion in arrest of judgment suggests that the judgment has not been legally rendered. The motion may be oral or it may be in writing. Although the defendant may have a statutory right in some states to file the motion, the motion is seldom used and is rarely granted by a trial court.
A motion in limine is any motion that is filed either before or during a trial and that seeks to exclude prejudicial evidence before it is offered into evidence. A motion in limine usually seeks to exclude evidence of another party.