Newsletters

Quo Warranto

A writ in quo warranto, which is Latin for "by what warrant," is an extraordinary legal remedy. It requires a person to show his/her authority for holding an office or challenges the wrongful exercise of powers. A common quo warranto claim is that a government or corporate officer was not validly elected to office or is exercising powers in excess of his/her authority. A state might bring a suit in quo warranto demanding a person or corporation to show the authority for exercising some franchise or privilege granted to it by the state.

Recidivism of Sex Offenders

Following incarceration, most convicted sex offenders are released to community supervision. Many states have enacted laws authorizing the maintenance of a central registry of sex offenders. Convicted sex offenders are required by law to register, and most states maintain a database of convicted sex offenders. The states make information about the offender available to the public. Some laws require the state to notify the community of the sex offender's residence in the community. Many states post their registry on the Internet. Of particular concern is the issue of the recidivism.

DNA Testing

DNA is genetic material that controls inherited traits such as eye color, hair color, and bone density. DNA testing is used to match a sample of evidence (sperm, blood, saliva, skin, or hair) from the crime scene to a suspect. Current DNA techniques are so sophisticated that one person can be differentiated from all other living persons by analyzing DNA from a single strand of hair. DNA testing is especially helpful in solving rape and murder crimes and in exonerating wrongly convicted prisoners.

Ex Parte Communications

An ex parte communication is a written or oral communication with a judge that involves only one side of a pending lawsuit or that involves a matter that could become the subject of a future case before the judge. Ex parte communications include a judge's interactions with persons interested in the outcome of a case such as attorneys, parties, jurors, witnesses, and law enforcement personnel. Generally, ex parte communications are prohibited because they can influence the judge's decision.

Criminal Cases

A criminal case begins when the prosecutor files criminal charges against a person, a person is arrested, or the grand jury returns an indictment against a person. Criminal offenses are either misdemeanors or felonies. A misdemeanor is a crime that is punishable by jail time of up to one year. A felony is a more serious crime, which is punishable by prison time of more than one year.