| Criminal Violations of the Resource Conservation and Recovery Act of 1976 |
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| The Resource Conservation and Recovery Act of 1976 (RCRA) is an Act that regulates the generation, regulation, storage, disposal, and transportation of hazardous waste. Hazardous waste is defined as specific chemicals contained on EPA lists. Hazardous waste also includes waste that is ignitable, corrosive, reactive, or toxic. The Act requires that hazardous waste be treated, stored, and disposed of only at facilities that have an Environmental Protection Agency (EPA) waste permit. More... |
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| INTOXICATION AS A DEFENSE |
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| Intoxication is defined as a change in a person's mental or physical capacity as a result of the introduction of any substance into the person's body, regardless of whether the substance is alcohol or a drug. Voluntary intoxication is when a person voluntarily places himself or herself in an intoxicated condition. Voluntary intoxication is generally not a defense to the commission of a crime, even if it makes a person unaware of his or her surroundings, makes him or her unconscious, or gives him or her no memory or understanding of his or her offense. More... |
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| COMMUTATION OF SENTENCE |
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| A commutation of sentence is the reduction of a defendant's sentence by a state's governor. It is a form of clemency. A commutation does not remove any legal disabilities of the defendant's conviction. It only has the effect of reducing the defendant's original sentence. A commutation has no effect on the defendant's guilt. More... |
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| Criminal Forfeitures and Attorney Fees |
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| Although a defendant has a right to an attorney and although the attorney has a right to be compensated for her services, the defendant does not necessarily have the right to transfer an asset to that attorney in lieu of payment when the asset may be subject to criminal forfeiture. Generally, the defendant may transfer an asset for compensation to her attorney if: More... |
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| Defendants and Sentencing with Respect to Convictions of Violating Environmental Statutes |
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| There are three types of defendants that may be charged in a case involving a violation of an environmental statute. The three types of defendants include corporations, corporate officers and individuals.
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