| Criminal Violations of the Resource Conservation and Recovery Act of 1976 |
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| The Resource Conservation and Recovery Act of 1976 (RCRA) is an Act that regulates the generation, regulation, storage, disposal, and transportation of hazardous waste. Hazardous waste is defined as specific chemicals contained on EPA lists. Hazardous waste also includes waste that is ignitable, corrosive, reactive, or toxic. The Act requires that hazardous waste be treated, stored, and disposed of only at facilities that have an Environmental Protection Agency (EPA) waste permit. More... |
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| RELEASE ON BAIL PENDING AN APPEAL |
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| Whether a defendant is entitled to be released on bail pending his or her appeal depends upon the type of offense of which the defendant was convicted and the length of sentence that is imposed on the defendant. If the defendant is convicted of a misdemeanor, the defendant is generally entitled to reasonable bail pending his or her appeal. If the defendant is convicted of a felony, the length of the defendant's sentence generally determines whether the defendant is entitled to bail.More... |
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| ALIBI DEFENSE |
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| An alibi means that a defendant was at a place at the time of an offense where he or she could not have participated in the offense. Although an alibi defense is not an affirmative defense, it does involve the negation of an element of the prosecution's case against a defendant. The defendant does not have the burden of proving his or her alibi. The prosecution has the burden of proving that the defendant committed the offense. The alibi defense contradicts the allegations of an indictment or an information against the defendant and casts doubt about whether the prosecution has met its burden of proof.More... |
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| DEFENSE EVIDENCE AT SENTENCING HEARINGS |
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| Either the prosecution or the defense is entitled to introduce evidence at a defendant's sentencing hearing. If the defense introduces evidence, it usually takes the form of reputation and character evidence or mitigation evidence.More... |
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| Hybrid Representation and the Standby Attorney |
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| Hybrid representation is where the defendant serves as co-counsel with an attorney. The defendant does not have a constitutional right to hybrid representation. It is within the trial court's discretion to grant the defendant's request for hybrid representation.More... |
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