Criminal Law
| CREDIT CARD OR DEBIT CARD ABUSE |
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| A person commits the offense of credit card or debit card abuse when he or she presents a credit card or a debit card knowing that the card was not issued to him or her or that the card had expired or was revoked, uses a fictitious credit card or debit card with the intent to obtain a benefit, steals a credit card or a debit card knowing that it was stolen, buys a credit card or a debit card knowing that the person who is selling the card is not the cardholder, sells a credit card or a debit card without being the issuer, or signs or uses another person's credit card or debit card without the other person's consent. The offense may also be committed by possessing a credit card or a debit card that has not been issued to the person. More... |
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| FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT |
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| A person commits the offense of a false statement to obtain property or credit when he or she intentionally or knowingly makes a materially false or misleading statement to obtain property or credit on behalf of himself or herself or on behalf of another person. The false or misleading statement must be in writing. More... |
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| Loan Sharking or Usury |
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| Loan sharking is defined as when a borrower is charged interest above an established legal rate. Depending on the state, lenders typically cannot charge more than 60% interest per year. Loan sharking is also commonly referred to as usury. More... |
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| A DEFENDANT'S RIGHT TO TESTIFY |
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| Although a defendant has a right to remain silent under the Fifth Amendment to the United States Constitution, the defendant also has a constitutional right to testify at his or her trial for a criminal offense. The defendant's right to testify includes his or her right to present a defense. More... |
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| Right to Effective Counsel and Attachment of the Right to Counsel |
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| The Sixth Amendment to the United States Constitution guarantees a defendant the right to effective assistance of counsel in criminal proceedings. Effective assistance of counsel is presumed. If the defendant claims that his counsel was ineffective, he has the burden of proving that the ineffectiveness prejudiced him and that a different result would have occurred but for the ineffectiveness. Instances that do not constitute ineffectiveness include trial tactics, failure to raise an invalid defense, and failure to argue frivolous matters. More... |
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