Legal Blog: Burnham & Gorokhov, PLLC

What is Rule 801 of the Federal Rules of Evidence?

Rule 801 of the Federal Rules of Evidence specifically deals with the definition of hearsay in the U.S. legal system. Hearsay is a complex topic, and Rule 801 breaks down what constitutes hearsay and what does not. Here is a detailed look at the provisions within Rule 801: Rule 801: Definitions That Apply to This Article; Exclusions from Hearsay (a)

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Co-Conspirator Statements Under Rule 801

Co-conspirator statements under Rule 801 of the Federal Rules of Evidence, governs hearsay and its exceptions in the U.S. legal system. Hearsay is considered a statement made outside of court that is offered in court to prove the truth of the matter asserted. Typically, hearsay is not admissible in court, but there are exceptions. One such exception is the admissibility

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Understanding Federal Indictments: The Process and Implications

Facing a federal criminal charge is an intimidating prospect, and the pivotal moment in such cases often is the issuance of a federal indictment. This article aims to provide a comprehensive understanding of federal indictments, shedding light on the process leading up to an indictment and the implications it holds for individuals involved in federal criminal defense cases. What is

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Understanding Fraud Charges: The Importance of Intent and Defense Lawyers

When it comes to fraud charges, the government must demonstrate that the accused misrepresented or lied with the intention of deceiving someone else.  Although the typical fraud case will involve financial or legal harm to the victim, harm is not an element of fraud offenses. For example, attempts and conspiracies to commit fraud are violations of federal law, even if

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How Do You Know If You’re Under Federal Investigation?

There are various reasons why someone might be under federal investigation. It’s important to note that this answer provides a general overview, and specific cases can vary widely in terms of their circumstances and the laws involved. Here are some common reasons: Violation of Federal Laws: If someone is suspected of violating federal laws, such as those related to drug

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What is a “reverse proffer” and when is it used?

A “reverse proffer” is a term used in criminal law, specifically in the context of plea bargaining. Usually, a proffer session is a meeting between the prosecution and the defense during which the defense offers information in exchange for some sort of leniency or concession in the case. The idea is to “proffer” or offer up some kind of valuable

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