Criminal Law Newsletters

Hybrid Representation and the Standby Attorney

Hybrid representation is where the defendant serves as co-counsel with an attorney. The defendant does not have a constitutional right to hybrid representation. It is within the trial court's discretion to grant the defendant's request for hybrid representation.

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.

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 lesser-included offense of the particular crime. The defense is based on the defendant's belief that he or she was committing another crime, which crime is less serious than the crime with which the defendant is charged.

Sexual Exploitation of Children

The crime of sexual exploitation of children is a highly prosecuted crime especially in the past decade. There are actually sub-categories with respect to the underlying offense of sexual exploitation of children.

Types of Healthcare Fraud and Criminal Ramifications

Healthcare fraud is a prevalent crime. Federal healthcare fraud involves fraudulent conduct with respect to any federal healthcare program or plan that provides health benefits to an individual. The plan or program is funded by the United States either directly or by way of a state healthcare fund.