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Postconviction Procedures

After a defendant is convicted of a crime, he may decide to file a postconviction motion or appeal his conviction. The types of postconviction motions the defendant may file differ from state to state. The defendant may file several different motions after a judgment has been entered against him.

ABUSE OF PUBLIC OFFICE & MISUSE OF OFFICIAL INFORMATION

A public servant commits the offense of abuse of public office when he or she intentionally or knowingly and with the intent to obtain a personal benefit violates a law regarding his or her office or misuses government property, services, personnel, or anything of value, which has come into his or her possession by virtue of his or her office or employment. The word "misuse" means to deal with property contrary to any agreement, any contract, or any law.

Presenting and Objecting to Evidence

In order for a court to consider evidence presented in a case, the evidence must be properly presented to the court for admission. Presentation of evidence may be undertaken in a variety of ways.

PAROLE

Parole is the early release of a prisoner from incarceration. Parole is discretionary and is usually subject to certain conditions. Parole is not a commutation or a change in a prisoner's sentence. It is also not an act of clemency.

Foreign Arrests

If an American citizen violates a foreign law in a foreign country he may be arrested for the foreign offense. An American businessperson or tourist is not afforded any type of immunity such as that enjoyed by diplomats.








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