R. Wayne Woodall, P.A., lawyers in Gulfport, MS, Mississippi

CULPABLE MENTAL STATES

In order to be convicted of a criminal offense, a defendant must commit certain conduct that is prohibited by a statute, a municipal ordinance, or a rule; the defendant's conduct must produce the required result; the defendant must have the required mental state or culpability for the offense; and any exception to the offense must be negated. The required mental state or culpability for an offense refers to the defendant's state of mind or intent. The required mental state or culpability for an offense may consist of one or more mental elements. More...

Disclosure of Evidence

The federal government and the defendant both have an obligation to disclose certain evidence or information when the opposing party has made a request for such information. If either party fails to disclose the requested information, the requesting party may file a motion requesting that the trial court compel discovery. More...

Documentary Evidence

Documentary evidence is evidence that is derived on a material source or substance. Documentary or secondary evidence must be authenticated prior to its admission. Documentary evidence is the actual or original writing or non-testimonial evidence sought to be admitted. Secondary evidence is a copy of the original document or non-testimonial evidence. The proponent of the evidence must show that the evidence is what the proponent purports that it is. More...

Testimonial Privileges

When a witness is called to testify in a criminal trial they may be able to assert a testimonial privilege that may prevent them from testifying about a certain fact or event. The law regarding testimonial privileges varies between federal and state court. More...

Sentencing Generally

After a defendant has been convicted of an offense or entered a guilty plea, the sentencing phase begins. The court or jury has the duty of determining the appropriate sentence to be imposed. More...