Criminal Law Newsletters

DISPENSING CONTROLLED SUBSTANCES

practitioner commits a criminal offense if he or she unlawfully dispenses a controlled substance. A practitioner is a physician, a dentist, a veterinarian, a pharmacist, or any other person who is permitted to use controlled substances in his or her profession. Dispensing is the transfer or delivery of a controlled substance by a practitioner.

Hobbs Act Generally

The elements with respect to a violation of the Hobbs Act are as follows:
1. Obstruction or effect on interstate commerce. 2. An attempt, conspiracy or completed robbery or extortion is committed. 3. The use of actual or threatened violence or injury to an individual or property.

JURISDICTION OVER VICTIMLESS CRIMES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS

When a criminal offense is committed on a Native American reservation, jurisdiction over the offense will depend upon whether the victim of the offense is a Native American or a non-Native American. If the victim of the offense is a Native American, either the federal government or a tribal court will generally assume jurisdiction over the offense. If the victim of the offense is a non-Native American, the state in which the reservation is located will generally assume jurisdiction over the offense.

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 instructions on his or her affirmative defenses. The defendant's affirmative defenses do not need to be strong or to be uncontradicted in order for the defendant to be entitled to jury instructions on his or her affirmative defenses. The trial court is required to instruct the jury on the defendant's affirmative defenses, even if the trial court does not find that the affirmative defenses are credible or believable.

Where to Find a Defense Attorney and What to Ask at the Initial Consultation

If an accused has been arrested or is awaiting a trial on criminal charges he may wish to hire a defense attorney. There are numerous defense attorneys that an accused may have to chose from. There are various places to find a defense attorney.