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Let’s consider a criminal trial scenario to illustrate how Rule 801, specifically the co-conspirator exception under Rule 801(d)(2)(E), might come into play. Scenario: Drug Trafficking Conspiracy Trial Defendants: Alice and Bob are on trial for allegedly conspiring to distribute illegal drugs. Prosecution’s Strategy: The prosecution wants to prove that Alice and Bob were working together in a drug trafficking conspiracy.
Rule 801 of the Federal Rules of Evidence specifically deals with the definition of hearsay in the U.S. legal system. Hearsay is a complex topic, and Rule 801 breaks down what constitutes hearsay and what does not. Here is a detailed look at the provisions within Rule 801: Rule 801: Definitions That Apply to This Article; Exclusions from Hearsay (a)
Co-conspirator statements under Rule 801 of the Federal Rules of Evidence, governs hearsay and its exceptions in the U.S. legal system. Hearsay is considered a statement made outside of court that is offered in court to prove the truth of the matter asserted. Typically, hearsay is not admissible in court, but there are exceptions. One such exception is the admissibility
Attorney Charles Burnham discusses his representation of Dr. John Eastman in the special counsel investigation and the indictment of former President Trump.
Eugene Gorokhov is a partner Burnham & Gorokhov PLLC and is familiar with federal plea deals. His practice centers on federal criminal defense with a special focus on white collar matters. Eugene, good morning and welcome to morning rush. So how common is it that we see a plea deal like this, I mean, completely fall apart for
Facing a federal criminal charge is an intimidating prospect, and the pivotal moment in such cases often is the issuance of a federal indictment. This article aims to provide a comprehensive understanding of federal indictments, shedding light on the process leading up to an indictment and the implications it holds for individuals involved in federal criminal defense cases. What is
Introduction: What Is The Anti-Money Laundering Act of 2020? The Anti-Money Laundering Act of 2020 (“AMLA”) is a new law which makes certain important amendments to the Bank Secrecy Act (“BSA”). It was enacted in January 2021. While the core purpose of the AMLA is prevent the movement of money through US financial institutions intended for the funding of terrorism
Introduction: What Is The Hobbs Act? The Hobbs Act covers a wide range of criminal conduct. In this article, we focus on the application of the Hobbs act to cases of extortion under the color of official right. Originally intended as a weapon against labor racketeering, The Hobbs Act—codified at 18 U.S.C. § 1951—has become a primary tool for use
We often think of federal criminal prosecutions as the most serious of all cases but are there federal misdemeanors as well? The answer is yes, misdemeanors are routinely prosecuted in U.S. District Courts alongside the major felonies. Federal prosecutors have hundreds of potential misdemeanor charges in their arsenal – everything from familiar offenses like theft to arcane and little known offenses such as Unlawful
What is exculpatory evidence? The United States Supreme Court has held that exculpatory evidence is any evidence that is favorable to the defendant on issues of guilt or punishment. Exculpatory evidence is also sometimes called “Bradyevidence” or “Bradymaterial,” a name that comes from the Court’s decision in Brady v. Maryland. Does the defendant have a right to exculpatory evidence from
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