Law Offices of Robert A. Murray, lawyers in Columbia, MO, Missouri

CONFESSIONS - WAIVER OF RIGHTS

A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution. More...

Opening Statements during a Criminal Trial

In a criminal proceeding each side has the opportunity to present an opening statement to the judge or jury. The prosecution presents its opening statement first and then the defendant presents his opening statement. In some states, the trial judge permits the defendant to defer giving his opening statement until the close of the prosecution's case. If there are multiple defendants being tried in one case, each attorney may give an opening statement for each defendant. More...

NUNC PRO TUNC PROCEEDINGS

If a judgment or a sentence in a criminal proceeding is not properly entered in a trial court's record, the trial court may retroactively enter the judgment or the sentence. Such a proceeding is called a nunc pro tunc proceeding. The only limitations on the nunc pro tunc proceeding is that a new trial must not have been granted, the judgment must not have been arrested, or an appeal must not have been filed. More...

Hobbs Act Generally

The elements with respect to a violation of the Hobbs Act are as follows: 1. Obstruction or effect on interstate commerce. 2. An attempt, conspiracy or completed robbery or extortion is committed. 3. The use of actual or threatened violence or injury to an individual or property. More...

Prosecutors, Immunity and Conflicts of Interests

The prosecutor has immunity from civil liability for actions undertaken during their official duties. The prosecutor enjoys both absolute and qualified immunity. The prosecutor has absolute immunity in initiating a prosecution and in presenting the State's case, so long as the prosecutor's actions are done in conformity with the judicial process.More...