Law Offices of Gary A. Taylor, lawyers in Austin, TX, Texas

Criminal Liability Under the Comprehensive Environmental Response, Compensation, and Liability Act

Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) a superfund was created which provides funds for the clean up of pre-existent hazardous waste sites. Although most of the litigation under CERCLA is civil in nature, criminal charges under CERCLA do exist. The potential criminal charges concern the reporting requirements for releases of hazardous substances.More...

JURY INSTRUCTIONS ON REASONABLE DOUBT

A defendant cannot be convicted of a crime unless the prosecution proves that the defendant committed the crime beyond a reasonable doubt. The standard of beyond a reasonable doubt is a constitutional requirement of due process. The United States Constitution does not require a trial court to instruct a jury on the definition of reasonable doubt. However, the Constitution does not prohibit a trial court from providing a jury with a definition of reasonable doubt.More...

Food Drug and Cosmetic Act

A corporation, a corporate officer, a corporate director or a corporate employee may be charged with violating the Federal Food, Drug, and Cosmetic Act. The Act prohibits the misbranding and adulterating of food, drugs, or cosmetics. A violation of this act is generally classified as a misdemeanor. However, if the defendant violated the Act with the actual intent to defraud or mislead, the classification of the offense is elevated to a felony. More...

CAPITAL MURDER

A person commits the offense of capital murder when he or she, under certain circumstances, intentionally or knowing causes the death of an individual or when he or she intends to cause serious bodily injury to an individual and commits an act that causes the death of the individual. More...

FEDERAL LAWS REGARDING DOMESTIC VIOLENCE

Although states are primarily responsible for prosecuting domestic violence cases, the federal government has enacted several laws that may be used by federal authorities to prosecute such cases. Those federal laws include the Violence Against Women Act (VAWA), the Gun Control Act of 1968 (GCA), and statutes that prohibit interstate domestic violence and interstate violation of a protective order. More...