| Criminal Liability Associated with Violating the Clean Water Act |
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| The Clean Water Act governs the discharge of pollutants into navigable waters. Navigable waters have been defined as any waters in which one is able to navigate through, including streams or creeks that in turn feed navigable bodies of water. The Act requires any individual or corporation seeking to discharge pollutants to obtain a permit from the Environmental Protection Agency (EPA). The permit establishes the maximum amount of particular pollutants that may be discharged from facilities such as industrial and sewage treatment plants over a set period of time. The place or facility where the pollutants are discharged from is known as the point source. More... |
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| CONFESSIONS - WAIVER OF RIGHTS |
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| A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution.
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| A DEFENDANT'S RIGHT TO A JURY TRIAL |
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| A defendant in a criminal prosecution is guaranteed the right to a jury trial under the Sixth Amendment to the United States Constitution unless the prosecution is for a petty offense. A petty offense is defined as an offense that carries a penalty of no more than six months in jail. The right to a jury trial applies to federal and state offenses. In addition, most states have enacted constitutional provisions and statutes that guarantee a defendant the right to a jury trial. More... |
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| Challenging a Speeding Ticket and Radar Guns |
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| If a driver receives a ticket for a speed violation, the driver may challenge the ticket. Often times, a speeding ticket is the result of an officer using a device known as a radar gun. The radar gun is a device that officers use to determine the exact speed that the driver is traveling at a certain point. More... |
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| Search & Seizure - Abandoned Property |
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| The right under the Fourth Amendment of the United States Constitution to be secure against unreasonable searches and seizures is based upon an expectation of privacy in a person's property. If the person abandons his or her property, he or she no longer has an expectation of privacy in the property. More... |
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