Criminal Law Newsletters

Defendants and Sentencing with Respect to Convictions of Violating Environmental Statutes

There are three types of defendants that may be charged in a case involving a violation of an environmental statute. The three types of defendants include corporations, corporate officers and individuals.

Ex Post Facto Laws

An ex post facto law is a law that provides for punishment for an act that was committed when the act was not illegal. Additionally, an ex post facto law includes:

FEDERAL LAWS REGARDING EXTORTION

A person commits the federal offense of extortion if he or she transmits in interstate or foreign commerce any demand or request for ransom or for a reward for the release of a kidnapped person, any threat to kidnap or injure another person, or any threat to injure the property or reputation of another person or to accuse another person of a crime with the intent to extort. The federal offense of extortion applies to both interstate and foreign telephone calls and other forms of communication. As long as the communication crosses state or national borders, the communication is considered to involve interstate or foreign commerce.

SEARCH & SEIZURE - ABANDONED PROPERTY

The right under the Fourth Amendment of the United States Constitution to be secure against unreasonable searches and seizures is based upon an expectation of privacy in a person's property. If the person abandons his or her property, he or she no longer has an expectation of privacy in the property. The police may conduct a search of the abandoned property and may seize the abandoned property without a warrant.

Video Surveillance

Video surveillance may be conducted for investigative reasons for criminal matters. Because it has been found that video surveillance is covered under the Fourth Amendment to the United States Constitution, an individual has an expectation of privacy that may not be violated.