DOCUMENTARY EVIDENCE
Documentary evidence is evidence that is derived on a material source or substance. Documentary or secondary evidence must be authenticated prior to its admission. Documentary evidence is the actual or original writing or non-testimonial evidence sought to be admitted. Secondary evidence is a copy of the original document or non-testimonial evidence. The proponent of the evidence must show that the evidence is what the proponent purports that it is.
CRIMINAL TRESPASS
A person commits the offense of criminal trespass when he or she enters or remains on property or in a building of another person without that person’s consent after he or she has been given notice that entry was forbidden or that he or she must depart. The other person does not need to own the property in order to give notice to depart. The other person must only have a greater right of possession that the person who commits the offense.
THE FEDERAL “THREE STRIKES” LAW
The Federal “Three Strikes” Law was enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. The “Three Strikes” Law requires enhancement of sentencing for a defendant who has been convicted of two prior felonies.
CRIMINAL LIABILITY UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT
Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) a superfund was created which provides funds for the clean up of pre-existent hazardous waste sites. Although most of the litigation under CERCLA is civil in nature, criminal charges under CERCLA do exist. The potential criminal charges concern the reporting requirements for releases of hazardous substances.
WAIVER OF APPEAL
A defendant is entitled to waive his or her right to appeal his or her conviction by a trial court. However, the waiver must be knowingly and intelligently made by the defendant. The waiver may only be made after the defendant’s right to appeal has accrued.