The Law Office of Linda Wynn Drain
Former Collin County Assistant District Attorney (Prosecutor)

Criminal Law Newsletter
ABUSE OF PUBLIC OFFICE & MISUSE OF OFFICIAL INFORMATION
 
A public servant commits the offense of abuse of public office when he or she intentionally or knowingly and with the intent to obtain a personal benefit violates a law regarding his or her office or misuses government property, services, personnel, or anything of value, which has come into his or her possession by virtue of his or her office or employment. The word "misuse" means to deal with property contrary to any agreement, any contract, or any law. More...
 
HUNG JURY
 
A jury is required to render a unanimous verdict in a criminal trial. If the jury cannot reach a unanimous verdict, the jury is considered to be a hung jury. A trial court must declare a mistrial in the event of a hung jury. More...
 
Insurance Fraud and Federal Prosecutions
 
Although there is no specific federal statute prohibiting insurance fraud because there is a nexus with interstate commerce, federal prosecution for fraudulent conduct may be sought under a variety of different statutes. More...
 
ELIGIBILITY FOR PAROLE
 
A prisoner is generally eligible for parole after the prisoner has served an amount of his or her sentence that is in accordance with a state's statutes. The prisoner's eligibility for parole also depends upon the amount of good conduct time that the prisoner has earned during his or her incarceration. A prisoner who is serving a death sentence is not eligible for parole. A prisoner who is serving a life sentence may not be eligible for parole until he or she serves a minimum term of imprisonment, such as 40 or 50 years, depending upon the state's statutes. Also, a prisoner who is convicted of certain offenses, such as murder, aggravated robbery, or aggravated sexual assault, may not be eligible for parole until he or she has served a minimum term of imprisonment.More...
 
Alien Terrorists and Other Crimes and Penalties under the PATRIOT Act
 
The PATRIOT Act has numerous provisions preventing alien terrorists from entering into the United States. The Act focuses particularly on Canada due to their liberal policy permitting most individuals to enter their country. The Act also permits law enforcement authorities to detain and deport alien terrorists. Individuals who support the alien terrorists may also be deported under the Act. More...
 
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