Pretrial Continuances

A continuance is an adjournment or a postponement of a case. A continuance may be sought by either the prosecution or the defense in a criminal case. The continuance may be sought before a trial or during the trial. More >>

Authentication of Evidence

Non-testimonial and documentary evidence must be authenticated before a court may admit it into evidence. Authentication is the term that is used requiring that the evidence sought to be admitted into evidence is what it is actually purported to be. More >>


Witness Immunity From Prosecution

A witness may be granted immunity from prosecution by way of federal or state law. Immunity is granted in exchange for a witness's testimony about a certain event. There are two types of immunity available, use immunity or transactional immunity. More >>


Parole Procedure

After a prisoner has been admitted to a correctional institution, a state's parole board usually conducts an initial review of the prisoner's sentence. The parole board obtains all information that relates to the prisoner's sentence. Such information includes a trial court's judgment and sentence, any sentencing reports, the circumstances of the prisoner's offense, the prisoner's social and criminal history, and the prisoner's employment history. More >>


Jury Instruction 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. More >>