lawyers.com - Untitled 1

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...

INTOXICATION AS A DEFENSE

Intoxication is defined as a change in a person's mental or physical capacity as a result of the introduction of any substance into the person's body, regardless of whether the substance is alcohol or a drug. Voluntary intoxication is when a...

MISTAKE OF FACT AS A DEFENSE

The defense of mistake of fact is used when a defendant is accused of committing a particular crime and the defendant admits that he or she committed another crime, which other crime is different from the particular crime and is not a...

JURY INSTRUCTIONS ON DEFENSE THEORIES

If requested by a defendant, a trial court is required to instruct a jury on any defense theories that are raised by the evidence. The defendant may raise those theories by his or her testimony alone. Also, the defendant is entitled to jury...

Types of Pleas and Withdrawal of a Guilty Plea

Not Guilty Pleas

When an accused has been charged with an offense, he has a choice of whether to enter a not guilty, a no contest, or a guilty plea. A not guilty plea is a plea in which the...