Criminal Misapplication

Criminal misapplication of funds of a financial institution is a federal crime. In order for the prosecution to be successful in a prosecution for criminal misapplication, it must show that a nexus existed between the misapplication and the defendant's status with the financial institution.

CONFESSIONS MUST BE VOLUNTARY

The Fifth Amendment of the United States Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment of the Constitution provides that no state shall deprive any person of life, liberty, or property without due process of law. Due process of law requires that a person has notice, an opportunity to be heard, and a right to make an informed choice. An informed choice can only be made with regard to a confession if the confession is voluntary.

Motion to Disclose the Identity of a Confidential Informant

A defendant may file a motion requesting that the prosecution disclose the identity of their confidential informant. Typically information received from the confidential informant may be the basis of probable cause to support the issuance of an arrest warrant for the defendant.

JURISDICTION OVER OFFENSES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS

When a criminal offense is committed in "Indian Country," jurisdiction over the offense may be assumed by either the federal government, by a state, or by a tribal court. The entity that will assume jurisdiction over the offense depends upon the nature of the offense, whether any jurisdiction has been conferred on a state, and whether the perpetrator or the victim of the offense is a Native American.

Attorney-Client Privilege

Communications between an attorney and a client made during a professional meeting are considered confidential and do not have to be disclosed. The client owns this communication and therefore the client is the only individual who may waive this privilege. The purpose of this privilege is so that the client may be able to fully disclose all information to his or her attorney.