| 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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| Disclosure of Evidence |
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| 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... |
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| Plea Agreements Generally |
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| When a defendant has been charged with a crime, it is his decision whether to enter a guilty or not guilty plea to the offense. Often times, a defendant enters a guilty plea based upon a plea agreement. Many prosecutors offer defendants plea agreements or bargains in order to ascertain a guilty plea from the defendant. More... |
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| Criminal Misapplication |
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| 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.
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| DURESS AS A DEFENSE |
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| If another person compels a defendant to commit an offense, the defendant may claim that he or she committed the offense under duress. The defense of duress means that the defendant did not have the necessary mental state to commit the offense or to be criminally responsible for the offense.More... |
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