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NUNC PRO TUNC PROCEEDINGS

If a judgment or a sentence in a criminal proceeding is not properly entered in a trial court's record, the trial court may retroactively enter the judgment or the sentence. Such a proceeding is called a nunc pro tunc proceeding. The only limitations on the nunc pro tunc proceeding is that a new trial must not have been granted, the judgment must not have been arrested, or an appeal must not have been filed.

CRUELTY TO ANIMALS

A person commits the offense of cruelty to animals if he or she intentionally or knowing tortures an animal, fails to provide food, care, or shelter for an animal, abandons an animal, transports or confines an animal in a cruel manner, kills or seriously injures an animal that belongs to another person, or causes an animal to fight with another animal.

Preliminary Determinations of Admissibility of Evidence

Generally speaking legal issues are to be determined by the trial court and factual issues are to be determined by a jury or judge if no jury is present. However, either the judge or the jury may determine preliminary determinations of facts.

RIOT, OBSTRUCTION, AND DISRUPTION

A person commits the offense of riot when he or she, along with an assembly of a certain number of persons, creates an immediate danger of injury to property or to other persons or when he or she substantially interferes or obstructs law enforcement or other government functions or services.

Overview of the Racketeer Influenced and Corrupt Organizations Act of 1970 RICO

RICO was enacted in response to the threat to the American economy from the unfettered growth of organized crime. RICO was intended to assist in remedying the inhabitation of the development of admissible evidence necessary to bring criminal charges against individuals involved in organized crime. The United States Congress enacted RICO in the hope that it would in part permit prosecutors to revitalize corrupted interstate enterprises into legal businesses.

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James Bruce Richardson, PC  |  3060 Peachtree Road NW  |  Atlanta, Georgia 30305  |  404-231-4060