DEFENSE OF PROPERTY

A person who is in lawful possession of real property may use force to protect his or her real property. The person may use force against another person or an intruder if he or she reasonably believes that force is immediately necessary to prevent the other person's trespass on his or her real property. A person who is in lawful possession of tangible personal property may use force against another person in order to prevent the other person's unlawful interference with the personal property.

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.

Expungement

One can clean up a criminal record by expunging or sealing their criminal records. Expungement is the sealing of criminal records so that they may not be publicly available. It is basically the equivalent of erasing one's criminal record. One can petition the court to expunge their criminal record. Expungement may apply to convictions and arrests.

Hybrid Representation and the Standby Attorney

Hybrid representation is where the defendant serves as co-counsel with an attorney. The defendant does not have a constitutional right to hybrid representation. It is within the trial court's discretion to grant the defendant's request for hybrid representation.

EXTRAORDINARY RELIEF

A defendant has an adequate remedy at law for a lower court's decision when he or she has a right to appeal the lower court's decision. When the defendant cannot appeal the lower court's decision, he or she may be entitled to extraordinary relief. Extraordinary relief is a method by which the defendant seeks to have an appellate court examine the lower court's actions and order the lower court to perform or to refrain from performing a certain act.