Newsletters

Judicial Notice

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.

Criminal Violations of the Resource Conservation and Recovery Act of 1976

The Resource Conservation and Recovery Act of 1976 (RCRA) is an Act that regulates the generation, regulation, storage, disposal, and transportation of hazardous waste. Hazardous waste is defined as specific chemicals contained on EPA lists. Hazardous waste also includes waste that is ignitable, corrosive, reactive, or toxic. The Act requires that hazardous waste be treated, stored, and disposed of only at facilities that have an Environmental Protection Agency (EPA) waste permit.

Criminal Forfeitures and Attorney Fees

Although a defendant has a right to an attorney and although the attorney has a right to be compensated for her services, the defendant does not necessarily have the right to transfer an asset to that attorney in lieu of payment when the asset may be subject to criminal forfeiture. Generally, the defendant may transfer an asset for compensation to her attorney if:

FEDERAL ENFORCEMENT OF CHILD SUPPORT

The Child Support Recovery Act of 1992 makes it a federal offense to willfully fail to pay a past due child support obligation for a child who resides in another state. A first offense under the Act is subject to a maximum penalty of six months in jail, to a fine, or both. Subsequent violations of the Act may be subject to a maximum penalty of two years in prison, to a fine, or both.

A DEFENDANT'S RIGHT TO A PUBLIC TRIAL

A defendant is guaranteed the right to a public trial under the Sixth Amendment of the United States Constitution. The right to a public trial is also an element of the defendant's due process rights, which rights are guaranteed under the Fourteenth Amendment of the United States Constitution. In addition, states have enacted provisions in their constitutions that guarantee a defendant's right to a public trial. The public also has a right to attend criminal trials under the First Amendment of the United States Constitution.