I'm doing a power point presentation on a criminal case but i don't know how to start. I have to identify the facts of the case first. Can anybody help me?How do you Identify the facts of a criminal case?
I don't know taht either
Tuesday, August 24, 2010
How can I find information regarding a specific criminal case decided in 1972 in Canada?
Offender's name was Poole, he died in 2000. Believe the crime happened in Winnipeg. Rape was one of the convictions.How can I find information regarding a specific criminal case decided in 1972 in Canada?
Access to the registry
The database will only be accessible to police agencies and will be used to investigate crimes of a sexual nature. The legislation prohibits public access to the information on the database and it cannot be used for the purposes of public notification.
SorryHow can I find information regarding a specific criminal case decided in 1972 in Canada?
Go to the local law library.
Access to the registry
The database will only be accessible to police agencies and will be used to investigate crimes of a sexual nature. The legislation prohibits public access to the information on the database and it cannot be used for the purposes of public notification.
SorryHow can I find information regarding a specific criminal case decided in 1972 in Canada?
Go to the local law library.
Is there a statute of limitations when a criminal case is dismissed without prejudice?
My friend was charged with possession of methamphetamine and trafficking in methamphetamine in New Mexico. His charges were dismissed without prejudice. How long does he have to worry about being recharged? Thanks!Is there a statute of limitations when a criminal case is dismissed without prejudice?
The statute of limitations for a criminal prosecution is the maximum amount of time the defendant could be incarcerated for committing the offense. Check the penal code and see what the maximum sentence is... the time is the statue of limitations.Is there a statute of limitations when a criminal case is dismissed without prejudice?
The statute of limitations runs from the date of the offense no matter how many times charges are filed or voluntarily dismissed. It stops -- depending on state law -- when witnesses are sworn or when a jury is sworn in to try the case.
Dismissed without prejudice means the case can be resurrected anytime within the applicable statute of limitations. The DA probably felt there was not enough evidence to gurantee a reasonable chance of conviction so dropped it for now retaining the right to bring it again if he can beef it up. Unless it is really slow around the office there will be plenty of other fresher better cases to work on and yours will slide.
The original statute of limitations from the date of the crime would apply. The statute would possibly be tolled during the time of the original prosecution. Check NM law for the statute on drug trafficking.
Good luck.
I don't think there is a statute of limitations, but if he was arrested and charged and is found in possession again, it could count against him. Make sure he keeps out of trouble.
It sounds like he may have gotten lucky - if he stays clean, he's probably alright - but if he gets busted again, they will probably bring the old charges back up - I don't know if there actually is a statute of limitations on it.
The statute of limitations for a criminal prosecution is the maximum amount of time the defendant could be incarcerated for committing the offense. Check the penal code and see what the maximum sentence is... the time is the statue of limitations.Is there a statute of limitations when a criminal case is dismissed without prejudice?
The statute of limitations runs from the date of the offense no matter how many times charges are filed or voluntarily dismissed. It stops -- depending on state law -- when witnesses are sworn or when a jury is sworn in to try the case.
Dismissed without prejudice means the case can be resurrected anytime within the applicable statute of limitations. The DA probably felt there was not enough evidence to gurantee a reasonable chance of conviction so dropped it for now retaining the right to bring it again if he can beef it up. Unless it is really slow around the office there will be plenty of other fresher better cases to work on and yours will slide.
The original statute of limitations from the date of the crime would apply. The statute would possibly be tolled during the time of the original prosecution. Check NM law for the statute on drug trafficking.
Good luck.
I don't think there is a statute of limitations, but if he was arrested and charged and is found in possession again, it could count against him. Make sure he keeps out of trouble.
It sounds like he may have gotten lucky - if he stays clean, he's probably alright - but if he gets busted again, they will probably bring the old charges back up - I don't know if there actually is a statute of limitations on it.
Are newspapers allowed to publicize an ongoing criminal case the criminal suspects home address?
It it against the constitutional right to privacy, for a newspaper to publicize a criminal suspects home address?Are newspapers allowed to publicize an ongoing criminal case the criminal suspects home address?
The 4th Amendment's right to privacy only applies to certain state actions. A newspaper is not an arm of the state.Are newspapers allowed to publicize an ongoing criminal case the criminal suspects home address?
No, unless the suspect is a juvenile offender, and then in most all states, juvenile cases are confidential.
No, your home address is not private information.
THERE IS NO DIRECT CONSTITUTIONAL RIGHT TO PRIVACY...AND AS SUCH INFO IS PUBLIC,IT IS LEGAL
The 4th Amendment's right to privacy only applies to certain state actions. A newspaper is not an arm of the state.Are newspapers allowed to publicize an ongoing criminal case the criminal suspects home address?
No, unless the suspect is a juvenile offender, and then in most all states, juvenile cases are confidential.
No, your home address is not private information.
THERE IS NO DIRECT CONSTITUTIONAL RIGHT TO PRIVACY...AND AS SUCH INFO IS PUBLIC,IT IS LEGAL
How many jurors can be empanelled in a criminal case?
In Australia, how many jurors can be empanelled in a criminal and civil case?How many jurors can be empanelled in a criminal case?
Fifteen, at least here in SA. But only twelve can determine the verdict. If there are more than twelve at the end of the trial, a ballot is used to select which twelve will retire to consider the verdict. Usually the only reason more than twelve would be empanelled would be that the trial is expected to run for a particularly long time, and one or more jurors may end up leaving due to illness, death, etc. The trial cannot continue with fewer than ten jurors.
We don't use juries at all in civil trials in South Australia.
Fifteen, at least here in SA. But only twelve can determine the verdict. If there are more than twelve at the end of the trial, a ballot is used to select which twelve will retire to consider the verdict. Usually the only reason more than twelve would be empanelled would be that the trial is expected to run for a particularly long time, and one or more jurors may end up leaving due to illness, death, etc. The trial cannot continue with fewer than ten jurors.
We don't use juries at all in civil trials in South Australia.
Need a criminal case to do my project on?
anyone know of a criminal case with good forensic evidence?
i have to do a powerpoint on one for my forensics class.
If you have any ideas please let me know, iv been searching for a case with good forensic evidence and I havnt had any luck! pleasee help!Need a criminal case to do my project on?
Try the O.J. Simpson case for a good example of how cops can screw up the forensics.detox cleansing
i have to do a powerpoint on one for my forensics class.
If you have any ideas please let me know, iv been searching for a case with good forensic evidence and I havnt had any luck! pleasee help!Need a criminal case to do my project on?
Try the O.J. Simpson case for a good example of how cops can screw up the forensics.
Whats is the role of the jury in criminal and civil cases?
To decide on the facts and reach a verdict thereon.Whats is the role of the jury in criminal and civil cases?
to decipher the magna cartaWhats is the role of the jury in criminal and civil cases?
1. The threat of a jury trial allows cases to be settled. Juries can be used as leverage by one or both sides to foster a settlement to the case. This is probably the most common function of a jury. You'd be amazed at the number of cases that settle because turning it over to a jury is a risk few attorneys lovingly embrace.
2. Juries decide questions of fact based on the evidence presented and the instructions of the judge.
to decipher the magna cartaWhats is the role of the jury in criminal and civil cases?
1. The threat of a jury trial allows cases to be settled. Juries can be used as leverage by one or both sides to foster a settlement to the case. This is probably the most common function of a jury. You'd be amazed at the number of cases that settle because turning it over to a jury is a risk few attorneys lovingly embrace.
2. Juries decide questions of fact based on the evidence presented and the instructions of the judge.
What are the jury instructions during a criminal case?
Jury instructions do several things:
They define the elements of the crime or crimes charged;
They limit the evidence to be considered by the jury;
They tell the jury what they must do if they find certain facts;
They tell the jury what they may or may not conclude from certain conduct (e.g. the defendant's decision not to testify as an admission of guilt.);
They may admonish the jury with regard to stricken testimony and/or evidence
There are many options. In the more simple and straight forward case, jury instructions are pretty much forms agreed upon by the legislature or judicial committee to be acceptable. However, ALL jury instructions are subject to challenge and/or modification. Often, this is the subject of pre and/or post trial motions and hearings. These hearings are designed to eliminate prejudicial evidence or definitions, or to allow certain instructions to clarify a point or testimony that may need further explanation than the form instructions may provide.
As is the case in any phase of trial, the theory is to provide the defendant with due process, and to try to eliminate the presumption that the defendant is guilty before jury deliberations. It is also designed to afford the state and/or plaintiff's attorney the right to have admissable evidence against the defendant properly presented and explained to the jury for deliberation.
A good attorney will challenge boilerplate instructions if they prejudice his or her client. Most of these challenges are not going to work, because the standard instructions generally have been challenged to death. There is seldom a ';new'; challenge to consider. However, if the litigation is complex and the issues need further clarification, the challenge may stand. Many criminal cases are won and lost in this phase of trial.
EDIT:
Example of California Jury Instructions
http://www.hhs.csus.edu/CJ/Syllabi_F07/F鈥?/a>What are the jury instructions during a criminal case?
The actual instructions vary, there is a different instruction for each point of law, they are created for each individual case. Then there are others that apply to all cases.
They can also vary from state to state.
I have been at trials where it can take 20 minutes or more for the judge to read the instructions.
Try a search with your state and ';jury instructions';. I was able to find Wisconsin's that way.What are the jury instructions during a criminal case?
Essentially, they are the set of legal rules that jurors must follow when the jury is deciding the case. Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. They are often the subject of discussion by attorneys on both sides in the case and the judge in order to make sure their interests are represented and nothing prejudicial is said.
It covers such things as what evidence can be considered, what the jury MUST do, what the jury cannot do and other rules. They will vary depending on the case and type of case (civil vs criminal).
Calif Deputy
They're the way the judge instructs the jury as to what the prosecution has to prove in order for them to find the defendant guilty.
No-one can possibly know what the actual instructions will be in a specific case without knowing even what the charge is, let alone the specific facts and elements to be proved.
Richard
It depends on...
What Court you're in, what the crime was, what the points of law under question are, and the level of proof that is required. The compilations of Jury Instructions I've seen have been in huge volumes, and the Judge chooses from the instructions in each section those that apply specifically to the trial in question.
Sorry... there's just no way anyone can provide you with the specific instructions.
UNDER ALABAMA LAW, IT IS FOUND UNDER ALABAMA RULES OF THE COURT, THE RULES OF CRIMINAL PROCEDURE, JURY DELIBERATIONS, RULE 21: INSTRUCTIONS TO THE JURY: OBJECTIONS
21.1--INSTRUCTIONS TO THE JURY
21.2--ADDITIONAL INSTRUCTIONS
21.3 OBJECTIONS
'; AT THE CLOSE OF THE EVIDENCE OR AT SUCH OTHER TIME DURING THE TRIAL AS THE COURT REASONABLY DIRECTS, EITHER PARTY MAY FILE AND, IN SUCH EVENT, SHALL SERVE ON THE OPPOSING PARTY, WRITTEN REQUESTS THAT THE COURT INSTRUCT THE JURY ON THE LAW AS SET FORTH IN THOSE REQUESTS.';
IN A CAPITAL CASE THESE INSTRUCTIONS MAY BE GIVEN BY THE JUDGE BEFORE THE TRIAL PHASE BEGINS.
They define the elements of the crime or crimes charged;
They limit the evidence to be considered by the jury;
They tell the jury what they must do if they find certain facts;
They tell the jury what they may or may not conclude from certain conduct (e.g. the defendant's decision not to testify as an admission of guilt.);
They may admonish the jury with regard to stricken testimony and/or evidence
There are many options. In the more simple and straight forward case, jury instructions are pretty much forms agreed upon by the legislature or judicial committee to be acceptable. However, ALL jury instructions are subject to challenge and/or modification. Often, this is the subject of pre and/or post trial motions and hearings. These hearings are designed to eliminate prejudicial evidence or definitions, or to allow certain instructions to clarify a point or testimony that may need further explanation than the form instructions may provide.
As is the case in any phase of trial, the theory is to provide the defendant with due process, and to try to eliminate the presumption that the defendant is guilty before jury deliberations. It is also designed to afford the state and/or plaintiff's attorney the right to have admissable evidence against the defendant properly presented and explained to the jury for deliberation.
A good attorney will challenge boilerplate instructions if they prejudice his or her client. Most of these challenges are not going to work, because the standard instructions generally have been challenged to death. There is seldom a ';new'; challenge to consider. However, if the litigation is complex and the issues need further clarification, the challenge may stand. Many criminal cases are won and lost in this phase of trial.
EDIT:
Example of California Jury Instructions
http://www.hhs.csus.edu/CJ/Syllabi_F07/F鈥?/a>What are the jury instructions during a criminal case?
The actual instructions vary, there is a different instruction for each point of law, they are created for each individual case. Then there are others that apply to all cases.
They can also vary from state to state.
I have been at trials where it can take 20 minutes or more for the judge to read the instructions.
Try a search with your state and ';jury instructions';. I was able to find Wisconsin's that way.What are the jury instructions during a criminal case?
Essentially, they are the set of legal rules that jurors must follow when the jury is deciding the case. Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. They are often the subject of discussion by attorneys on both sides in the case and the judge in order to make sure their interests are represented and nothing prejudicial is said.
It covers such things as what evidence can be considered, what the jury MUST do, what the jury cannot do and other rules. They will vary depending on the case and type of case (civil vs criminal).
Calif Deputy
They're the way the judge instructs the jury as to what the prosecution has to prove in order for them to find the defendant guilty.
No-one can possibly know what the actual instructions will be in a specific case without knowing even what the charge is, let alone the specific facts and elements to be proved.
Richard
It depends on...
What Court you're in, what the crime was, what the points of law under question are, and the level of proof that is required. The compilations of Jury Instructions I've seen have been in huge volumes, and the Judge chooses from the instructions in each section those that apply specifically to the trial in question.
Sorry... there's just no way anyone can provide you with the specific instructions.
UNDER ALABAMA LAW, IT IS FOUND UNDER ALABAMA RULES OF THE COURT, THE RULES OF CRIMINAL PROCEDURE, JURY DELIBERATIONS, RULE 21: INSTRUCTIONS TO THE JURY: OBJECTIONS
21.1--INSTRUCTIONS TO THE JURY
21.2--ADDITIONAL INSTRUCTIONS
21.3 OBJECTIONS
'; AT THE CLOSE OF THE EVIDENCE OR AT SUCH OTHER TIME DURING THE TRIAL AS THE COURT REASONABLY DIRECTS, EITHER PARTY MAY FILE AND, IN SUCH EVENT, SHALL SERVE ON THE OPPOSING PARTY, WRITTEN REQUESTS THAT THE COURT INSTRUCT THE JURY ON THE LAW AS SET FORTH IN THOSE REQUESTS.';
IN A CAPITAL CASE THESE INSTRUCTIONS MAY BE GIVEN BY THE JUDGE BEFORE THE TRIAL PHASE BEGINS.
I nver commited a criminal case in UAE but my previous employer gave me a lifetime ban! How can I remove that?
Did you ask this earlier? You overstayed your visa? That usually is considered illegal.
I don't know that there's anything you can do. You'd likely need to appeal to immigration or the consulate.I nver commited a criminal case in UAE but my previous employer gave me a lifetime ban! How can I remove that?
You really can't expect anyone to respond or answer your question if your not specific with your question....what in the world is a UAE??I nver commited a criminal case in UAE but my previous employer gave me a lifetime ban! How can I remove that?
United Arab Emirate ?
what is UAE -
what are you banned from?
What?
I don't know that there's anything you can do. You'd likely need to appeal to immigration or the consulate.I nver commited a criminal case in UAE but my previous employer gave me a lifetime ban! How can I remove that?
You really can't expect anyone to respond or answer your question if your not specific with your question....what in the world is a UAE??I nver commited a criminal case in UAE but my previous employer gave me a lifetime ban! How can I remove that?
United Arab Emirate ?
what is UAE -
what are you banned from?
What?
How do I find information on a criminal case I was involved in 24 years ago in Morgan county?
I have tried to find the information using ussearch, and other records researching sites, but haven't found any thing. I plead guilty, was put on probation, and then left the state. I paid all costs related to the case, but never received any paperwork saying the probation was terminated.How do I find information on a criminal case I was involved in 24 years ago in Morgan county?
First, you probation just ends. There is not fan-fair, unless you were to report and did not. The Clerk of the Criminal Court should be able to search out your records. There will be a small fee, and might take a day or two to retrieve archived records. Then you need an attorney to get the charges expunged from you record so it is clean. Good luck.How do I find information on a criminal case I was involved in 24 years ago in Morgan county?
Go to the courthouse and ask the clerk of court. She will be very helpful.
First, you probation just ends. There is not fan-fair, unless you were to report and did not. The Clerk of the Criminal Court should be able to search out your records. There will be a small fee, and might take a day or two to retrieve archived records. Then you need an attorney to get the charges expunged from you record so it is clean. Good luck.How do I find information on a criminal case I was involved in 24 years ago in Morgan county?
Go to the courthouse and ask the clerk of court. She will be very helpful.
What is a Section 32 in a Criminal Case for Australia?
My solicitor told me today that he intends to apply for a Section 32 in my upcoming traffic offense case.
Could you tell me what this means and what the process is?What is a Section 32 in a Criminal Case for Australia?
A section 32 application is under section 32 of the Mental Health (Criminal Procedure) Act 1990 (NSW). It is raised when the defendant (you!) have some sort of mental disability or disorder which diverts you from being dealt with ';according to the law'; because you don't have the mental capacity to understand it. A successful application will mean that you won't have a conviction recorded against you (you basically get away with it). BUT, you may have to go to a mental health person and get assessed and be kept an eye on. Just depends if the application is made with conditions. Otherwise, you will be ';released'; into the care of your parent/s. Your lawyer would be wanting to get a few psychiatrist reports on you because that's what he/she needs to be successful. So if you haven't already, you need to see a psychiatrist. Your lawyer then uses the psych report and tells the court about your mental illness and why you shouldn't be punished. Other then going to see a psych, you don't have to do anything else. Check with your lawyer though what he needs you to do. Hope this helps.
By the way, in the future, just ask your lawyer what it means!What is a Section 32 in a Criminal Case for Australia?
What State in Australia - they all have different Statutes
Could you tell me what this means and what the process is?What is a Section 32 in a Criminal Case for Australia?
A section 32 application is under section 32 of the Mental Health (Criminal Procedure) Act 1990 (NSW). It is raised when the defendant (you!) have some sort of mental disability or disorder which diverts you from being dealt with ';according to the law'; because you don't have the mental capacity to understand it. A successful application will mean that you won't have a conviction recorded against you (you basically get away with it). BUT, you may have to go to a mental health person and get assessed and be kept an eye on. Just depends if the application is made with conditions. Otherwise, you will be ';released'; into the care of your parent/s. Your lawyer would be wanting to get a few psychiatrist reports on you because that's what he/she needs to be successful. So if you haven't already, you need to see a psychiatrist. Your lawyer then uses the psych report and tells the court about your mental illness and why you shouldn't be punished. Other then going to see a psych, you don't have to do anything else. Check with your lawyer though what he needs you to do. Hope this helps.
By the way, in the future, just ask your lawyer what it means!What is a Section 32 in a Criminal Case for Australia?
What State in Australia - they all have different Statutes
What is a Section 32 in a Criminal Case for Australia?
My solicitor told me today that he intends to apply for a Section 32 in my upcoming traffic offense case.
Could you tell me what this means and what the process is?What is a Section 32 in a Criminal Case for Australia?
A section 32 application is under section 32 of the Mental Health (Criminal Procedure) Act 1990 (NSW). It is raised when the defendant (you!) have some sort of mental disability or disorder which diverts you from being dealt with ';according to the law'; because you don't have the mental capacity to understand it. A successful application will mean that you won't have a conviction recorded against you (you basically get away with it). BUT, you may have to go to a mental health person and get assessed and be kept an eye on. Just depends if the application is made with conditions. Otherwise, you will be ';released'; into the care of your parent/s. Your lawyer would be wanting to get a few psychiatrist reports on you because that's what he/she needs to be successful. So if you haven't already, you need to see a psychiatrist. Your lawyer then uses the psych report and tells the court about your mental illness and why you shouldn't be punished. Other then going to see a psych, you don't have to do anything else. Check with your lawyer though what he needs you to do. Hope this helps.
By the way, in the future, just ask your lawyer what it means!What is a Section 32 in a Criminal Case for Australia?
What State in Australia - they all have different Statutesdetox cleansing
Could you tell me what this means and what the process is?What is a Section 32 in a Criminal Case for Australia?
A section 32 application is under section 32 of the Mental Health (Criminal Procedure) Act 1990 (NSW). It is raised when the defendant (you!) have some sort of mental disability or disorder which diverts you from being dealt with ';according to the law'; because you don't have the mental capacity to understand it. A successful application will mean that you won't have a conviction recorded against you (you basically get away with it). BUT, you may have to go to a mental health person and get assessed and be kept an eye on. Just depends if the application is made with conditions. Otherwise, you will be ';released'; into the care of your parent/s. Your lawyer would be wanting to get a few psychiatrist reports on you because that's what he/she needs to be successful. So if you haven't already, you need to see a psychiatrist. Your lawyer then uses the psych report and tells the court about your mental illness and why you shouldn't be punished. Other then going to see a psych, you don't have to do anything else. Check with your lawyer though what he needs you to do. Hope this helps.
By the way, in the future, just ask your lawyer what it means!What is a Section 32 in a Criminal Case for Australia?
What State in Australia - they all have different Statutes
Is fleeing from the restaurant without paying a civil or criminal case?
Is it going to be like stealing which is criminal offence, or not meeting terms of purchase which is a civil case.Is fleeing from the restaurant without paying a civil or criminal case?
It is defrauding an innkeeper as someone truly stated already.
What makes it a criminal case is that someone is taking food that is expected to be paid for, consuming it in their body, and proceeding out of the door without paying.
It is the same as shoplifting items from any store, except that it is a restaurant and you consume the food first.
What typically makes something a civil case is if it deals with money or property rights only. Say someone is living somewhere and the owner wants them kicked out, civil. Let us say someone throws a rock through a window but didn't mean it, it was an accident, civil.
It is all about intent in criminal, and eating and leaving is full of intent. It is the intent of stealing the food from the restaurant. It is just called something different for some odd reason. I think it should be called larceny like all others, it is the same punishment anyway.Is fleeing from the restaurant without paying a civil or criminal case?
Dine and dash usually is a misdemeanor in Illinois unless there was damage or the meal was very, very expensive. It is called theft of services. Bond is usually more than the meal would cost( $100.00 cash) and the court will keep 10 percent of the bond if you are charged. So, if caught, you generally pay more than if you just paid for the meal in the first place.Even if you are found not guilty, it is likely the court will keep the 10 percent.
It is both.
Criminal offense, probably petty theft, a misdemeanor, and the restaurant could file a civil action for the value of the meal, though the punishment for a conviction on the criminal charge would include the payment of restitution to the restaurant.
Criminally you will get charged with stealing but the owner can sue you in a civil case if he can find a way that you running away hurt his buisness (very easy). Most likly he wont sue you because the cost of court and a lawyer will be far greater than your meal.
Where I live it's criminal. It's considered defrauding an innkeeper. Old fashioned terminology but it boils down to being a theft/larceny issue.
It is defrauding the restaurant and a criminal case. Like shoplifting, except the goods are in your stomach.
Its called ';Defrauding an Innkeeper'; (537PC) and is a misdemeanor charge in California.
Petty theft is a criminal offense.
The restaurant can sue for damages and loss.
So it is both.
stealing- criminal
PEOPLE DO THAT AT DENNYS ALL THE TIME.
It is defrauding an innkeeper as someone truly stated already.
What makes it a criminal case is that someone is taking food that is expected to be paid for, consuming it in their body, and proceeding out of the door without paying.
It is the same as shoplifting items from any store, except that it is a restaurant and you consume the food first.
What typically makes something a civil case is if it deals with money or property rights only. Say someone is living somewhere and the owner wants them kicked out, civil. Let us say someone throws a rock through a window but didn't mean it, it was an accident, civil.
It is all about intent in criminal, and eating and leaving is full of intent. It is the intent of stealing the food from the restaurant. It is just called something different for some odd reason. I think it should be called larceny like all others, it is the same punishment anyway.Is fleeing from the restaurant without paying a civil or criminal case?
Dine and dash usually is a misdemeanor in Illinois unless there was damage or the meal was very, very expensive. It is called theft of services. Bond is usually more than the meal would cost( $100.00 cash) and the court will keep 10 percent of the bond if you are charged. So, if caught, you generally pay more than if you just paid for the meal in the first place.Even if you are found not guilty, it is likely the court will keep the 10 percent.
It is both.
Criminal offense, probably petty theft, a misdemeanor, and the restaurant could file a civil action for the value of the meal, though the punishment for a conviction on the criminal charge would include the payment of restitution to the restaurant.
Criminally you will get charged with stealing but the owner can sue you in a civil case if he can find a way that you running away hurt his buisness (very easy). Most likly he wont sue you because the cost of court and a lawyer will be far greater than your meal.
Where I live it's criminal. It's considered defrauding an innkeeper. Old fashioned terminology but it boils down to being a theft/larceny issue.
It is defrauding the restaurant and a criminal case. Like shoplifting, except the goods are in your stomach.
Its called ';Defrauding an Innkeeper'; (537PC) and is a misdemeanor charge in California.
Petty theft is a criminal offense.
The restaurant can sue for damages and loss.
So it is both.
stealing- criminal
PEOPLE DO THAT AT DENNYS ALL THE TIME.
How to I find information on an old criminal case file if I have the case number?
I have an old criminal case number from November, 2005 and would like to find out what the case was about. Is there a way to find out that online? If not, where would I go to look it up? Is there a fee? Need some help with this one.How to I find information on an old criminal case file if I have the case number?
What state was the case in? What was the outcome of the case? Is it criminal, civil, etc.? If you have a case # you should be able to go to the court it was filed with, county clerks office, (records) or go on line to the web sight of that state and find it. Fee's, depend on state to state and how they have to be found. And what the outcome of the case was. It's hard to give you and exact answer when I don't have specifics. But all cases unless sealed, or closed are public record more or less, there are exceptions to every rule. If you give me more info. I may be able to help you moreHow to I find information on an old criminal case file if I have the case number?
Clerk of Courts in the county where the criminal case was being tried.
Could be in old newspapers in the county also.
u r a ***** an u have white *** bb
What state was the case in? What was the outcome of the case? Is it criminal, civil, etc.? If you have a case # you should be able to go to the court it was filed with, county clerks office, (records) or go on line to the web sight of that state and find it. Fee's, depend on state to state and how they have to be found. And what the outcome of the case was. It's hard to give you and exact answer when I don't have specifics. But all cases unless sealed, or closed are public record more or less, there are exceptions to every rule. If you give me more info. I may be able to help you moreHow to I find information on an old criminal case file if I have the case number?
Clerk of Courts in the county where the criminal case was being tried.
Could be in old newspapers in the county also.
u r a ***** an u have white *** bb
What is the difference between a civil case and a criminal case?
Also can you explain your answer?What is the difference between a civil case and a criminal case?
In a civil case you ';bring suit'; against another party or parties--you can sue for damages, or you can occasionally sue to make someone do something or stop them from doing something. In order to win a civil case for money, you must prove that the other party owes you the money by a ';preponderance of the evidence'; (this means the jury thinks it is more likely than not that they owe you the money).
A criminal case is brought, not by an individual, but by the government in order to punish a criminal. The government must show ';beyond a reasonable doubt'; that the person accused committed the crime (think of it as being 99%+ sure.).What is the difference between a civil case and a criminal case?
A civil case is when you are suing some for something or someone is suing you. A criminal case is when someone is being tried for a crime and the district attorney (procecuting attorney) tries to prove that the defendant is guilty then after hearing all the evidence the jury has to decide if the defendant is guilty or innocent. If found guilty the defendent could serve time in prison.
a civil case is individual vs. individual (could be company vs company, etc)
criminal case is individual vs government state/local/federal
A civil case is filed between two parties normally for something of value (money).
In a criminal case, criminal charges are filed by a person or the state and a person can go to jail.
A civil case is when two people take each other to court, a criminal case is when the city/state/federal government takes you into court. Example: OJ was tried in a criminal case for killing his wife by the state. Later he was taken into court on a civil case when he was sued by his wifes family. I hope that helped.
A CRIMINAL CASE DEALS WITH CRIMINAL LAW--BURGLARY, ARSON, MURDER, ATTEMPTED MURDER, ASAULT ETC.
THESE ARE USUALLY FELONY CASES AND CARRY A TERM OF MORE THEN A YEAR WHICH MEAN PRISON TIME-
A CIVIL CASE IS A DIVORCE, DUI, SPITTING ON THE SIDE WALK, URINATING IN PUBLIC, DRUNK IN PUBLIC (PUI) MISDEMEANOR CHARGES--
YOUR STATUTES FOR YOUR STATE USUALLY DIVIDE THE COURT SYSTEM INTO A CRIMINAL CODE AND A CIVIL CODE AND COURT IS EITHER A CIVIL PROCEDING OR A CRIMINAL PROCEDING
In a civil case you ';bring suit'; against another party or parties--you can sue for damages, or you can occasionally sue to make someone do something or stop them from doing something. In order to win a civil case for money, you must prove that the other party owes you the money by a ';preponderance of the evidence'; (this means the jury thinks it is more likely than not that they owe you the money).
A criminal case is brought, not by an individual, but by the government in order to punish a criminal. The government must show ';beyond a reasonable doubt'; that the person accused committed the crime (think of it as being 99%+ sure.).What is the difference between a civil case and a criminal case?
A civil case is when you are suing some for something or someone is suing you. A criminal case is when someone is being tried for a crime and the district attorney (procecuting attorney) tries to prove that the defendant is guilty then after hearing all the evidence the jury has to decide if the defendant is guilty or innocent. If found guilty the defendent could serve time in prison.
a civil case is individual vs. individual (could be company vs company, etc)
criminal case is individual vs government state/local/federal
A civil case is filed between two parties normally for something of value (money).
In a criminal case, criminal charges are filed by a person or the state and a person can go to jail.
A civil case is when two people take each other to court, a criminal case is when the city/state/federal government takes you into court. Example: OJ was tried in a criminal case for killing his wife by the state. Later he was taken into court on a civil case when he was sued by his wifes family. I hope that helped.
A CRIMINAL CASE DEALS WITH CRIMINAL LAW--BURGLARY, ARSON, MURDER, ATTEMPTED MURDER, ASAULT ETC.
THESE ARE USUALLY FELONY CASES AND CARRY A TERM OF MORE THEN A YEAR WHICH MEAN PRISON TIME-
A CIVIL CASE IS A DIVORCE, DUI, SPITTING ON THE SIDE WALK, URINATING IN PUBLIC, DRUNK IN PUBLIC (PUI) MISDEMEANOR CHARGES--
YOUR STATUTES FOR YOUR STATE USUALLY DIVIDE THE COURT SYSTEM INTO A CRIMINAL CODE AND A CIVIL CODE AND COURT IS EITHER A CIVIL PROCEDING OR A CRIMINAL PROCEDING
How do I obtain court records from a misdeamenor criminal case?
1. Do I just walk into the courthouse and ask? I want to see the file and make copies.
2. What records can I obtain exactly? It was a domestic violence / assault case, so there's pictures.How do I obtain court records from a misdeamenor criminal case?
Yes, you just walk into the clerk's office and ask.
The photos will likely be under seal.
2. What records can I obtain exactly? It was a domestic violence / assault case, so there's pictures.How do I obtain court records from a misdeamenor criminal case?
Yes, you just walk into the clerk's office and ask.
The photos will likely be under seal.
In a criminal case, what are the chance of being sentenced at the PreTrial Conference?
What happens at a pretrial conference? Can they sentence you or is that not what [this] court hearing is for?
This hearing is about an 18 yr old boy who is being charged with one count of running from the cops and one count of aggravated assualt in which this count he is not guilty for. He was released on bond for 5,000, got a job, is back completing high school, and taking care of a newborn baby.
No smart @$$ answers PLEASE!In a criminal case, what are the chance of being sentenced at the PreTrial Conference?
Nobody gets sentenced at a pre-trial because it doesn't take place in Court.
This hearing is about an 18 yr old boy who is being charged with one count of running from the cops and one count of aggravated assualt in which this count he is not guilty for. He was released on bond for 5,000, got a job, is back completing high school, and taking care of a newborn baby.
No smart @$$ answers PLEASE!In a criminal case, what are the chance of being sentenced at the PreTrial Conference?
Nobody gets sentenced at a pre-trial because it doesn't take place in Court.
How can I obtain information on a criminal case in California? I am not a party to the case.?
I recently discovered an old elementary school classmate has been convicted of murder and would like information on the case. How can I find out?How can I obtain information on a criminal case in California? I am not a party to the case.?
Newspaper archives online and county clerk website.detox cleansing
Newspaper archives online and county clerk website.
How many days after a criminal case ruling does the defendant have to file a notice of appeal?
Sedgwick County District Court in Kansas ruled on a criminal case on June 22,to date the defendant hasn't heard from his lawyer,who was present for the ruling. Defendant wants to know what his options are as far as filing notice of appeal and/or K.S.A. 1507.Defendant is an inmate.How many days after a criminal case ruling does the defendant have to file a notice of appeal?
Has he been convicted and sentenced yet?
If he has been sentenced or if sentencing has been suspended, he has 10 days:
http://www.kslegislature.org/legsrv-stat鈥?/a>
There are other relevant provisions you need to check as well:
http://www.kslegislature.org/legsrv-stat鈥?/a>
Call the lawyer, and find out what kind of ruling it was. It may be appealable but the lawyer doesn't believe it will succeed, or it may not be appealable at all. If he thinks the lawyer isn't doing his job he can always find another one.
Has he been convicted and sentenced yet?
If he has been sentenced or if sentencing has been suspended, he has 10 days:
http://www.kslegislature.org/legsrv-stat鈥?/a>
There are other relevant provisions you need to check as well:
http://www.kslegislature.org/legsrv-stat鈥?/a>
Call the lawyer, and find out what kind of ruling it was. It may be appealable but the lawyer doesn't believe it will succeed, or it may not be appealable at all. If he thinks the lawyer isn't doing his job he can always find another one.
How much would it cost to fight a criminal case for selling marijuana?
How much do You figure it would cost to fight a case involving selling large quantities of marijuana including the cost of bail, all legal fees, and the cost of hiring a top notch lawyer who would be sure to get me the very best results (Not johnny cockhran kind of lawyer but a good one).
Thanks.How much would it cost to fight a criminal case for selling marijuana?
I would charge about 15k. That does not include bail or cost of investigation.How much would it cost to fight a criminal case for selling marijuana?
Depends on which state you are in how much you was holding.
All together I spent well over 12k to get probation and a hefty fine slapped upon me. But I'm a 2x bruh.
Are you a first offender?
Depends on A. How much. If its under a LB then no big deal
The tiers are Under LB. 1lb - 100lbs, 100lbs-1Klbs then anything over 1Klbs.
Then B. If you are across state lines w/ transportation intent to distribute is taxed on. Thats a huge upgrade.
Then C. Avr good Lawyer or Solid lawyer.
Then D. If you have any Priors.
If its a 50 pound bust crossing the state lines then the bail may be $50K if its your 1st offense making bailbond $5K. Your lawyer may depending on level should be $8K- $20K if it goes to trial for a solid chance of getting off w/out charges.
Last depends on Plea or sentence, Fines for a 50LB bust can be $25K, probation can get expensive as well.
There are a lot of factors that go into this, give the variables and I really could give you a more accurate description.
For your 1st offense and the right amount of $ depending on how conservative the area is that you got caught, you can get everything dropped w/ the right Lawyer who knows everyone. Even w/ the wrong Lawyer Fine/Probation for 1st offense is likely.
okay if were talkiing pulling out all the stops and kid games...lets say your caught trafficing a few pounds of pot and your cought at a border... okay first off your not gonna get off unless you have a lawyer that is in with everyone in the state ur case is from and hes gonna charge u around 5 to 10 k and u might get away with community service or probation..but if ur outta state they would rather put in u jail for 6 months... listen
be preparred to do half a year on ur first offence.. true story..just do it its not as hard as u think
quantity? you're going to need $10k, min. would be good to have more somewhere. and best you're probably going for is probation and a fine, and etc.
or you do mandatory minimum.
At least 20-30k. Depending on the amount of marijuana this can vary. For approx 1 pound or more at least 20-30K.
$10,000-$30,000
Thanks.How much would it cost to fight a criminal case for selling marijuana?
I would charge about 15k. That does not include bail or cost of investigation.How much would it cost to fight a criminal case for selling marijuana?
Depends on which state you are in how much you was holding.
All together I spent well over 12k to get probation and a hefty fine slapped upon me. But I'm a 2x bruh.
Are you a first offender?
Report Abuse
Depends on A. How much. If its under a LB then no big deal
The tiers are Under LB. 1lb - 100lbs, 100lbs-1Klbs then anything over 1Klbs.
Then B. If you are across state lines w/ transportation intent to distribute is taxed on. Thats a huge upgrade.
Then C. Avr good Lawyer or Solid lawyer.
Then D. If you have any Priors.
If its a 50 pound bust crossing the state lines then the bail may be $50K if its your 1st offense making bailbond $5K. Your lawyer may depending on level should be $8K- $20K if it goes to trial for a solid chance of getting off w/out charges.
Last depends on Plea or sentence, Fines for a 50LB bust can be $25K, probation can get expensive as well.
There are a lot of factors that go into this, give the variables and I really could give you a more accurate description.
For your 1st offense and the right amount of $ depending on how conservative the area is that you got caught, you can get everything dropped w/ the right Lawyer who knows everyone. Even w/ the wrong Lawyer Fine/Probation for 1st offense is likely.
okay if were talkiing pulling out all the stops and kid games...lets say your caught trafficing a few pounds of pot and your cought at a border... okay first off your not gonna get off unless you have a lawyer that is in with everyone in the state ur case is from and hes gonna charge u around 5 to 10 k and u might get away with community service or probation..but if ur outta state they would rather put in u jail for 6 months... listen
be preparred to do half a year on ur first offence.. true story..just do it its not as hard as u think
quantity? you're going to need $10k, min. would be good to have more somewhere. and best you're probably going for is probation and a fine, and etc.
or you do mandatory minimum.
At least 20-30k. Depending on the amount of marijuana this can vary. For approx 1 pound or more at least 20-30K.
$10,000-$30,000
Why do criminal defense lawyers generally earn less than civil lawyers in cases under legal aid?
The problem seems to be that civil lawyers are usually compensated a lot more for legal aid cases than criminal defense lawyers.Why do criminal defense lawyers generally earn less than civil lawyers in cases under legal aid?
lawyers are corrupt.
ones in chicago make 1,200 an hour, mom is a secretary, they do bill that much.Why do criminal defense lawyers generally earn less than civil lawyers in cases under legal aid?
Well its simple lol
Civil lawyers handle MONETARY LAWSUITS so they often end up with large chunks of money in return for winning cases where the Prosecutor or Defense gets their fee, and not much more
lawyers are corrupt.
ones in chicago make 1,200 an hour, mom is a secretary, they do bill that much.Why do criminal defense lawyers generally earn less than civil lawyers in cases under legal aid?
Well its simple lol
Civil lawyers handle MONETARY LAWSUITS so they often end up with large chunks of money in return for winning cases where the Prosecutor or Defense gets their fee, and not much more
To what extent does the US Constitution protect the right to trial by jury in a criminal cases? ?
It is written explicitly in the Sixth Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.To what extent does the US Constitution protect the right to trial by jury in a criminal cases? ?
';The 6th amendment guarantees the right to a speedy and public trial by an impartial jury...
All state constitutions confer the right to trial by jury in criminal cases; however, the federal constitutional right to a jury trial applies to the states, thereby guaranteeing a defendant a right to a jury in a state criminal prosecution if such a right would exist in a federal prosecution. ';
If its homework for you...and u have the same text book (cause mines has the same question, then its on page 29! ha ha)To what extent does the US Constitution protect the right to trial by jury in a criminal cases? ?
Just to set you straight, the constitution of the US does not protect the right to trial by jury, it creates that right. It is up to the legislature, the executive branch and the judicial branch to uphold that right, to protect and insure it. The three branches of government are also created by the us constitution.
Good Luck
Completely.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.To what extent does the US Constitution protect the right to trial by jury in a criminal cases? ?
';The 6th amendment guarantees the right to a speedy and public trial by an impartial jury...
All state constitutions confer the right to trial by jury in criminal cases; however, the federal constitutional right to a jury trial applies to the states, thereby guaranteeing a defendant a right to a jury in a state criminal prosecution if such a right would exist in a federal prosecution. ';
If its homework for you...and u have the same text book (cause mines has the same question, then its on page 29! ha ha)To what extent does the US Constitution protect the right to trial by jury in a criminal cases? ?
Just to set you straight, the constitution of the US does not protect the right to trial by jury, it creates that right. It is up to the legislature, the executive branch and the judicial branch to uphold that right, to protect and insure it. The three branches of government are also created by the us constitution.
Good Luck
Completely.
How long does it take for a criminal case to become considered a unsolved case, or a cold case?
I've been reading a friend's screenplay, at a writers' group that I'm part of, and he has the police declaring a case unsolved within a few months. I, myself, actually think that they would wait at least a year. But I don't know.How long does it take for a criminal case to become considered a unsolved case, or a cold case?
There is no time frame. As soon as you run out of leads, and there is nothing else to follow up on, the case goes inactive.How long does it take for a criminal case to become considered a unsolved case, or a cold case?
At the point that there are no more leads to follow, no more witnesses to interview, no more evidence to collect and analyze. The cases stay open in hopes that, at some point, another witness will come forward or more evidence becomes available. I don't think that there's really any magic amount of time for a case to be declared as cold or unsolved--the investigators can make that declaration when there is nothing else for them to do.
I think its over a life span of the criminal, basically when they can assume that person is dead from old age I cant say I'm sure but since I watch alot of court TV well tru TV now, for example i remember there was a criminal cases in which detectives solved 33 years later! Also depends on how severe the case is, murder cases would never end that easily.
You're correct technically, but the fact is that lots of cases are wound down fairly early on, but the police wouldn't ever say that publicly for political reasons, and for community faith in them.
So that screenplay is unrealistic, unless the film is about an inept police spokesperson.
They wait until they have run out of leads, but a few months is a little bit quick to declare it officially unsolved, especially if it's a kidnapping or a homicide.
They are never unsolved or cold cases. There is a special unit that continues the investigation until it is solved beyond a reasonable question of doubt.
There is no time frame. As soon as you run out of leads, and there is nothing else to follow up on, the case goes inactive.How long does it take for a criminal case to become considered a unsolved case, or a cold case?
At the point that there are no more leads to follow, no more witnesses to interview, no more evidence to collect and analyze. The cases stay open in hopes that, at some point, another witness will come forward or more evidence becomes available. I don't think that there's really any magic amount of time for a case to be declared as cold or unsolved--the investigators can make that declaration when there is nothing else for them to do.
I think its over a life span of the criminal, basically when they can assume that person is dead from old age I cant say I'm sure but since I watch alot of court TV well tru TV now, for example i remember there was a criminal cases in which detectives solved 33 years later! Also depends on how severe the case is, murder cases would never end that easily.
You're correct technically, but the fact is that lots of cases are wound down fairly early on, but the police wouldn't ever say that publicly for political reasons, and for community faith in them.
So that screenplay is unrealistic, unless the film is about an inept police spokesperson.
They wait until they have run out of leads, but a few months is a little bit quick to declare it officially unsolved, especially if it's a kidnapping or a homicide.
They are never unsolved or cold cases. There is a special unit that continues the investigation until it is solved beyond a reasonable question of doubt.
What is a evidencuary hearing in a criminal case?
Is there anything I should do or take with me? My daughter is the victim and I need to know what is going to happen on this court date? What will the DA and his attorneys do? What are the procedures?What is a evidencuary hearing in a criminal case?
In criminal law, it is a hearing to determine if a person charged with a felony (a serious crime punishable be a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime charged.
A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the grand jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty).
Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed.
If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior/county/district/common pleas) for trial. If there is no such convincing evidence, the judge will dismiss the chargesWhat is a evidencuary hearing in a criminal case?
An evidentiary hearing, also known as a preliminary hearing, is a hearing in which the Judge desides questions such as is there enough evidence to continue, what evidence will be allowed, is it a civil or criminal case, is the crime within the court's jurisdiction. As far as what you need to do, you should ask your lawyer or the prosecuter.
I would think that it is a hearing to make sure there is enough evidence to carry on with the case.detox cleansing
In criminal law, it is a hearing to determine if a person charged with a felony (a serious crime punishable be a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime charged.
A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the grand jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty).
Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed.
If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior/county/district/common pleas) for trial. If there is no such convincing evidence, the judge will dismiss the chargesWhat is a evidencuary hearing in a criminal case?
An evidentiary hearing, also known as a preliminary hearing, is a hearing in which the Judge desides questions such as is there enough evidence to continue, what evidence will be allowed, is it a civil or criminal case, is the crime within the court's jurisdiction. As far as what you need to do, you should ask your lawyer or the prosecuter.
I would think that it is a hearing to make sure there is enough evidence to carry on with the case.
Is a unpaid payday loan in Texas considered a criminal case or a civil case?
If you took out a payday loan, Is it a civil case or a criminal case in the state of Texas? Can you do jail time?Is a unpaid payday loan in Texas considered a criminal case or a civil case?
No you cant go to jail, but it will screw up your credit and they can take you to court, which means additional fines and court cost for you.Is a unpaid payday loan in Texas considered a criminal case or a civil case?
Civil, unless the store can prove fraud. Fraud is criminal.
Also, in TX like in most States the penalties for writing bad checks do NOT apply to postdated checks written to cover payday loans.
Richard
It's civil, not criminal.
It's a civil matter
it's civil.
No you cant go to jail, but it will screw up your credit and they can take you to court, which means additional fines and court cost for you.Is a unpaid payday loan in Texas considered a criminal case or a civil case?
Civil, unless the store can prove fraud. Fraud is criminal.
Also, in TX like in most States the penalties for writing bad checks do NOT apply to postdated checks written to cover payday loans.
Richard
It's civil, not criminal.
It's a civil matter
it's civil.
How do you look up a criminal case and find a criminal defendant in jail in Boise, Idaho?
I wish to know whether there is a free government website where I can look up criminal cases by defendant's name in Boise, Idaho.How do you look up a criminal case and find a criminal defendant in jail in Boise, Idaho?
go to www.idahosherriff.comHow do you look up a criminal case and find a criminal defendant in jail in Boise, Idaho?
you can go to http://AdaCoJail.com and get prisoner information.
go to www.idahosherriff.comHow do you look up a criminal case and find a criminal defendant in jail in Boise, Idaho?
you can go to http://AdaCoJail.com and get prisoner information.
What happens to a criminal case when there is willful misconduct by the prosecutor?
The prosecutor purposely violated office policy and contacted the defendants job stating their office will be doing a press release and in order to not have the company named in that press release they need to terminate the defendant. Additionally, the prosecutor faxed a copy of the complaint to the defendant's employer which is another violation of DA's office policy. Please note that the employer is not a victim nor was the defendant employed by their current employer when the alleged crime took place. The employer had no knowledge of the charges nor has connection to the matter in any way. The DA simply attempted to have the defendant fired from a job. Mind you the defendant is not a threat to the public's safety so there was no reason to call their job.
The DA did this all within 5 business hours of the defendant being released after self-surrenduring. This by definition is willful misconduct. Willful misconduct generally means a knowing violation of a reasonable and uniformly enforced rule or policy. It means intentionally doing that which should not be done or intentionally failing to do that which should be done, knowing that injury to a person will probably result or recklessly disregarding the possibility that injury to a person may result.
That being said, what happens to the criminal case that the prosecutor is charging? Is he removed? Does the Attorney General step in due to willful misconduct by the DA's office? Is the case called a mistrail and started again? Is it dismissed with prejudice and its over?
PS - The Sr. Deputy DA stated they will start an investigation immediately on this matter as it doesn't fall within the policy and guidelines of the DA's office.What happens to a criminal case when there is willful misconduct by the prosecutor?
There are two (2) separate issues: 1) The original criminal case, and 2) the alleged ';misconduct'; of the prosecutor.
Let's be clear. I do not see how # 2 impacts # 1. Unless I am missing something, any wrongdoing by the Asst. DA has no bearing on the guilt or innocence of the defendant in the original criminal action. That said, it doesn't mean his actions (showing bias or prejudice) couldn't be used as leverage or material for cross-examination. Outside of that, it will have very little impact on the trial itself.
To answer all your questions. He could be removed, but unlikely. The Attorney General will likely not become involved in the criminal case. The trial has not started, so there can be no mistrial. The decision to dismiss could happen, but it will likely be the elected prosecutor's decision, unless he/she believes this has created a conflict and appoints a special prosecutor.
Note: In Indiana, where I practice, there is a law requiring the prosecutor to inform the employer if there employee is charged with certain violent or sexual offenses. Hope this helps.What happens to a criminal case when there is willful misconduct by the prosecutor?
If prosecutorial misconduct is proven, the judge declares a mistrial. Though usually the prosecutor can call for retrial, in these cases, double jeopardy attaches.
The DA did this all within 5 business hours of the defendant being released after self-surrenduring. This by definition is willful misconduct. Willful misconduct generally means a knowing violation of a reasonable and uniformly enforced rule or policy. It means intentionally doing that which should not be done or intentionally failing to do that which should be done, knowing that injury to a person will probably result or recklessly disregarding the possibility that injury to a person may result.
That being said, what happens to the criminal case that the prosecutor is charging? Is he removed? Does the Attorney General step in due to willful misconduct by the DA's office? Is the case called a mistrail and started again? Is it dismissed with prejudice and its over?
PS - The Sr. Deputy DA stated they will start an investigation immediately on this matter as it doesn't fall within the policy and guidelines of the DA's office.What happens to a criminal case when there is willful misconduct by the prosecutor?
There are two (2) separate issues: 1) The original criminal case, and 2) the alleged ';misconduct'; of the prosecutor.
Let's be clear. I do not see how # 2 impacts # 1. Unless I am missing something, any wrongdoing by the Asst. DA has no bearing on the guilt or innocence of the defendant in the original criminal action. That said, it doesn't mean his actions (showing bias or prejudice) couldn't be used as leverage or material for cross-examination. Outside of that, it will have very little impact on the trial itself.
To answer all your questions. He could be removed, but unlikely. The Attorney General will likely not become involved in the criminal case. The trial has not started, so there can be no mistrial. The decision to dismiss could happen, but it will likely be the elected prosecutor's decision, unless he/she believes this has created a conflict and appoints a special prosecutor.
Note: In Indiana, where I practice, there is a law requiring the prosecutor to inform the employer if there employee is charged with certain violent or sexual offenses. Hope this helps.What happens to a criminal case when there is willful misconduct by the prosecutor?
If prosecutorial misconduct is proven, the judge declares a mistrial. Though usually the prosecutor can call for retrial, in these cases, double jeopardy attaches.
If testing for dna on a gun and hat in a criminal cases how long before results would come back?
If this testing is done lets say for a city police department, and they have to send the evidence to the state crime lab for testing
Which is the commom procedure, since very few police departments have any crime labs.
Most testing will take about 3 to 4 months to be processed and results returned. They would rush high profile cases .
When we sent drugs to the state crime lab, we would do a field test, but it would take up to 6 months for the evidence to be process and the results returned to us.If testing for dna on a gun and hat in a criminal cases how long before results would come back?
I would imagin if they have a suspect and the suspects dna. The results would be in right away.If testing for dna on a gun and hat in a criminal cases how long before results would come back?
2-3 weeks depending on the lab's case load.
Which is the commom procedure, since very few police departments have any crime labs.
Most testing will take about 3 to 4 months to be processed and results returned. They would rush high profile cases .
When we sent drugs to the state crime lab, we would do a field test, but it would take up to 6 months for the evidence to be process and the results returned to us.If testing for dna on a gun and hat in a criminal cases how long before results would come back?
I would imagin if they have a suspect and the suspects dna. The results would be in right away.If testing for dna on a gun and hat in a criminal cases how long before results would come back?
2-3 weeks depending on the lab's case load.
Canadian with pending criminal cases?
I am a canadian citizen. I am not in canada at the moment. I have criminal cases pending and have warrents in canada. Was wondering if i could travel from Asia to The United arab emirates. Without getting into troubleCanadian with pending criminal cases?
It depends if they have access to CPIC: the Canadian Police Information Centre, which is the criminal record database managed and administered by the Royal Canadian Mounted Police.
If not, then by way of Interpol.
But when or if you return to Canada, the police will find you arrest you under the arrest warrants issued.
Leaving the country makes it worse for your defence and you will likely be incarcerated without bail because you are a flight risk.
Also the Crown Attorney will likely seek more jail time because in his or her view you are not taking responsibility for the crimes for which are accused and hence not likely to rehabilitate.
It depends if they have access to CPIC: the Canadian Police Information Centre, which is the criminal record database managed and administered by the Royal Canadian Mounted Police.
If not, then by way of Interpol.
But when or if you return to Canada, the police will find you arrest you under the arrest warrants issued.
Leaving the country makes it worse for your defence and you will likely be incarcerated without bail because you are a flight risk.
Also the Crown Attorney will likely seek more jail time because in his or her view you are not taking responsibility for the crimes for which are accused and hence not likely to rehabilitate.
Where can i get a list of all kinds of all kinds of criminal cases?
eg.
murder-killing someone
arson-burnings someones property
rape-raping someone..
etc....Where can i get a list of all kinds of all kinds of criminal cases?
your state has a penal or criminal code that lists them all.Where can i get a list of all kinds of all kinds of criminal cases?
... State, Local, national, vital, Tax, geneaology, court, social security, documents, ... Over 170 million criminal records, the largest and most complete. ...
www.searchsystems.net/
I wished to give you a good website, but the work already done by previous answerer.....try it.detox cleansing
murder-killing someone
arson-burnings someones property
rape-raping someone..
etc....Where can i get a list of all kinds of all kinds of criminal cases?
your state has a penal or criminal code that lists them all.Where can i get a list of all kinds of all kinds of criminal cases?
... State, Local, national, vital, Tax, geneaology, court, social security, documents, ... Over 170 million criminal records, the largest and most complete. ...
www.searchsystems.net/
I wished to give you a good website, but the work already done by previous answerer.....try it.
Is the right of appeal in criminal court cases only for defendants or can the prosecution appeal an acquital?
The prosecution can not appeal a not-guilty verdict, even if it appears that there is no rational basis for the not-guilty verdict.
By statute a state may give the prosecution the right to appeal rulings by the judge not amounting to a not-guilty verdict. For example, the prosecution could appeal a finding by a judge that the amount stolen was less than the minimum for grand theft. Or, the prosecution may have the right to appeal the sentence given on the grounds it was too lenient or not authorized by law.Is the right of appeal in criminal court cases only for defendants or can the prosecution appeal an acquital?
no, i believe that only defendants have the right to appeal in a criminal court.Is the right of appeal in criminal court cases only for defendants or can the prosecution appeal an acquital?
Nobody appeals an acquittal - neither suspect nor prosecution.
Only the defendants may appeal a verdict.
If the prosecution tried it would be re-trying the same case. That is not allowed and is referred to as double jeopardy.
I would imagine only the prosecution would appeal an acquital...
I've never heard of a defendant appealing their own innocence!
I cannot imagine the exact circumstances where the prosecution could appeal... Some illegality during the trial that swayed the outcome, not sure. It is not common or likely, though.
If the defendant was found NOT guilty, then NO! (Double Jeopardy Clause of the US Constitution)
If the trial was Hung, yes, or if the case was just tossed out for whatever reasons, yes.
A prosecutor cannot appeal from a judgment of acquittal. However, in most states a prosecutor can appeal from an order of dismissal based on something other than the adequacy of the evidence adduced at trial.
The prosecution has every right of appeal, they do not usually because they have screwed up the case and/or do not have enough proof to win the case. But if they feel the Judge has made a bad decision in limiting what they can say or present, they can appeal. But for a appeal to even be heard, they have to have a pretty strong argument of why a mistake or error was made.
You cannot try someone for the same crime twice - that's called double jeopardy.
If the prosecution tried to appeal an aquittal, it would be called ';double jeopardy'; -- in other words, a person can only be tried for a specific crime once. Even if he gets aquitted and confesses his guilt, it's too late. The legal system will have to catch him doing something else bad.
By statute a state may give the prosecution the right to appeal rulings by the judge not amounting to a not-guilty verdict. For example, the prosecution could appeal a finding by a judge that the amount stolen was less than the minimum for grand theft. Or, the prosecution may have the right to appeal the sentence given on the grounds it was too lenient or not authorized by law.Is the right of appeal in criminal court cases only for defendants or can the prosecution appeal an acquital?
no, i believe that only defendants have the right to appeal in a criminal court.Is the right of appeal in criminal court cases only for defendants or can the prosecution appeal an acquital?
Nobody appeals an acquittal - neither suspect nor prosecution.
Only the defendants may appeal a verdict.
If the prosecution tried it would be re-trying the same case. That is not allowed and is referred to as double jeopardy.
I would imagine only the prosecution would appeal an acquital...
I've never heard of a defendant appealing their own innocence!
I cannot imagine the exact circumstances where the prosecution could appeal... Some illegality during the trial that swayed the outcome, not sure. It is not common or likely, though.
If the defendant was found NOT guilty, then NO! (Double Jeopardy Clause of the US Constitution)
If the trial was Hung, yes, or if the case was just tossed out for whatever reasons, yes.
A prosecutor cannot appeal from a judgment of acquittal. However, in most states a prosecutor can appeal from an order of dismissal based on something other than the adequacy of the evidence adduced at trial.
The prosecution has every right of appeal, they do not usually because they have screwed up the case and/or do not have enough proof to win the case. But if they feel the Judge has made a bad decision in limiting what they can say or present, they can appeal. But for a appeal to even be heard, they have to have a pretty strong argument of why a mistake or error was made.
You cannot try someone for the same crime twice - that's called double jeopardy.
If the prosecution tried to appeal an aquittal, it would be called ';double jeopardy'; -- in other words, a person can only be tried for a specific crime once. Even if he gets aquitted and confesses his guilt, it's too late. The legal system will have to catch him doing something else bad.
Saturday, August 21, 2010
What are the roles of judges and lawyers in criminal and civil cases?
CRIMINAL:
Judge: Presides over the courtroom, ensuring that the rules of the court are observed and that the trial is properly conducted in all respects. Where there is no jury, the judge rules on guilt. Where there is a jury, the judge is a tribunal of law and the jury is the tribunal of fact; this means that the jury decides whether the accused did the actions he's accused of, and the judge keeps it within the law and later does the sentencing.
Solicitors: Fill out paperwork, gather evidence, instruct a barrister to represent the accused in court.
Barrister: Stand up in court and argue the evidence. The defence counsel will attempt to convince the judge and/or jury that it there is a reasonable prospect that the accused didn't commit the crime. The prosecution's job is not to get a conviction; it is to fairly present the evidence against the accused to ensure a proper trial.
CIVIL:
Judge: There is very rarely a jury in civil cases so invariably the judge decides the facts and the law. His role is to listen to the evidence and determine whether it is more likely than not that the claimant's case is the truth.
Solicitor: Fill out paperwork, gather evidence, instruct barrister.
Barrister: Stands up in court and argues the claimant's case or presents the defendant's case.
It's all a bit more complicated than that, but those are the basic roles.What are the roles of judges and lawyers in criminal and civil cases?
Judges rule if you are guilty/not guilty. Lawyers argue to make you innocent or guilty. Odviously.
Judge: Presides over the courtroom, ensuring that the rules of the court are observed and that the trial is properly conducted in all respects. Where there is no jury, the judge rules on guilt. Where there is a jury, the judge is a tribunal of law and the jury is the tribunal of fact; this means that the jury decides whether the accused did the actions he's accused of, and the judge keeps it within the law and later does the sentencing.
Solicitors: Fill out paperwork, gather evidence, instruct a barrister to represent the accused in court.
Barrister: Stand up in court and argue the evidence. The defence counsel will attempt to convince the judge and/or jury that it there is a reasonable prospect that the accused didn't commit the crime. The prosecution's job is not to get a conviction; it is to fairly present the evidence against the accused to ensure a proper trial.
CIVIL:
Judge: There is very rarely a jury in civil cases so invariably the judge decides the facts and the law. His role is to listen to the evidence and determine whether it is more likely than not that the claimant's case is the truth.
Solicitor: Fill out paperwork, gather evidence, instruct barrister.
Barrister: Stands up in court and argues the claimant's case or presents the defendant's case.
It's all a bit more complicated than that, but those are the basic roles.What are the roles of judges and lawyers in criminal and civil cases?
Judges rule if you are guilty/not guilty. Lawyers argue to make you innocent or guilty. Odviously.
Where can i find real criminal cases about assault in ma?
hwk help pleaseWhere can i find real criminal cases about assault in ma?
These sites should help you out.
These sites should help you out.
Hello... Where can I find information on Statutes of Limitations on criminal cases in the State of Alabama?
try the libraryHello... Where can I find information on Statutes of Limitations on criminal cases in the State of Alabama?
check it out at yahoo.comHello... Where can I find information on Statutes of Limitations on criminal cases in the State of Alabama?
Inside Prison
check it out at yahoo.comHello... Where can I find information on Statutes of Limitations on criminal cases in the State of Alabama?
Inside Prison
Hello... Where can I find information on Statutes of Limitations on criminal cases in the State of Alabama?
try the libraryHello... Where can I find information on Statutes of Limitations on criminal cases in the State of Alabama?
check it out at yahoo.comHello... Where can I find information on Statutes of Limitations on criminal cases in the State of Alabama?
Inside Prisondetox cleansing
check it out at yahoo.comHello... Where can I find information on Statutes of Limitations on criminal cases in the State of Alabama?
Inside Prison
If testing for dna on a gun and hat in a criminal cases how long before results would come back?
That all depends on the crime lab, their backload and the criminal case. Homicides and sex crimes get a higher priority - generally speaking - than a burglary. Could be days. Could be months.If testing for dna on a gun and hat in a criminal cases how long before results would come back?
Depends on how backed up the crime lab is.If testing for dna on a gun and hat in a criminal cases how long before results would come back?
about a week
u better run ******. they will catch your a$$
Depends on how backed up the crime lab is.If testing for dna on a gun and hat in a criminal cases how long before results would come back?
about a week
u better run ******. they will catch your a$$
In Canadian criminal cases, why is the case called R v. Someone? What does the R stand for?
Regina/Rex - the Crown. It basically means the country against the defendant.
It's the same in the UK, Australia and probably other Commonwealth countries.In Canadian criminal cases, why is the case called R v. Someone? What does the R stand for?
Ridiculous and raw while running around with rampant runny snot nosed Rimdaukle Rarumpensnozzleruckle...
It's the same in the UK, Australia and probably other Commonwealth countries.In Canadian criminal cases, why is the case called R v. Someone? What does the R stand for?
Ridiculous and raw while running around with rampant runny snot nosed Rimdaukle Rarumpensnozzleruckle...
What are the five steps in criminal procedurein felony cases?
(1) You get arrested.... (2) You get formally charged and either sent to prison or home to await trial.... (3) Then comes a preliminary hearing, arraignment.
(4) Trial and sentencing... then hooray, you are in prison for basically nothing at all. Welcome to America..
(4) Trial and sentencing... then hooray, you are in prison for basically nothing at all. Welcome to America..
Is it better to take the stand in criminal cases in your own defence or not?
Most defense lawyers would probably say that it is always best for the defendant NOT to take the stand. Some reasons for this would be the fact that once you're on the stand, the prosecutor can ask you flat out whether you did it or not, and you are legally bound to tell the truth, which, if you're guilty, would amount to a confession and would certainly get you convicted. Additionally, if the lawyer knows you're guilty he can't advise you to lie, so he MUST keep you off the stand. If he lets you go on the stand he's letting you incriminate yourself, which no good defense lawyer could do.
Besides this, you might inadvertently say something on the stand that opens up a line of questioning you'd rather keep closed, or you might be asked to testify about other things you've done that you'd rather the jury didn't hear about.
So those are a few of the reasons a good lawyer will try to keep most defendants off the stand.
HOWEVER.........Speaking as just a regular person and NOT a lawyer, I'd say it would be better to take the stand. The jury is comprised of regular people, and no matter how many times the judge tells them to ignore whether or not you took the stand, the first thing in their minds is always going to be ';If I were charged with X, I'd sure take the stand, so he must be guilty.'; There are no two ways about it......not taking the stand ALWAYS makes the defendant look guilty, even if he's just following his lawyer's advice.
So I'd say, follow your lawyer's advice, but if it were me, I'd take the stand.Is it better to take the stand in criminal cases in your own defence or not?
Defense is best made when presented in court so that the jury or justice will know the credibility of the person.Is it better to take the stand in criminal cases in your own defence or not?
If you are innocent, then take the stand.
If you are guilty (OJ) just sit back and let your lawyers try to get you off the hook
Not likely unless you have allot of legal education,
Judges prefer legally educated people do the talking.
Have you ever heard the saying ';the man who acts in his own defense has a fool for a lawyer?';
If you act in your own defense, you obviously already believe all of your points, and thus you might just assume that the jury or judge might also just accept your points right away. That is why it is better to have an impartial defender, they don't already take all of your points to be true.
There is a wise saying that goes something like this: ';He who represents himself in court has a fool for a client.';
Besides this, you might inadvertently say something on the stand that opens up a line of questioning you'd rather keep closed, or you might be asked to testify about other things you've done that you'd rather the jury didn't hear about.
So those are a few of the reasons a good lawyer will try to keep most defendants off the stand.
HOWEVER.........Speaking as just a regular person and NOT a lawyer, I'd say it would be better to take the stand. The jury is comprised of regular people, and no matter how many times the judge tells them to ignore whether or not you took the stand, the first thing in their minds is always going to be ';If I were charged with X, I'd sure take the stand, so he must be guilty.'; There are no two ways about it......not taking the stand ALWAYS makes the defendant look guilty, even if he's just following his lawyer's advice.
So I'd say, follow your lawyer's advice, but if it were me, I'd take the stand.Is it better to take the stand in criminal cases in your own defence or not?
Defense is best made when presented in court so that the jury or justice will know the credibility of the person.Is it better to take the stand in criminal cases in your own defence or not?
If you are innocent, then take the stand.
If you are guilty (OJ) just sit back and let your lawyers try to get you off the hook
Not likely unless you have allot of legal education,
Judges prefer legally educated people do the talking.
Have you ever heard the saying ';the man who acts in his own defense has a fool for a lawyer?';
If you act in your own defense, you obviously already believe all of your points, and thus you might just assume that the jury or judge might also just accept your points right away. That is why it is better to have an impartial defender, they don't already take all of your points to be true.
There is a wise saying that goes something like this: ';He who represents himself in court has a fool for a client.';
Criminal Cases and prior convictions?
In a Criminal Case can the fact of prior convictions hurt your case or is there a law that states otherwise. and whats your source.Criminal Cases and prior convictions?
Prior convictions can be used against you at sentencing, but not at trial.Criminal Cases and prior convictions?
Yes criminal behavior and repeated convictions do play a roll in establishing the character of the suspect on trial.
Prior convictions can be used against you at sentencing, but not at trial.Criminal Cases and prior convictions?
Yes criminal behavior and repeated convictions do play a roll in establishing the character of the suspect on trial.
I live in Ca. how do i run 4 criminal cases from 4 courts concurrent?
which case has (upper hand ) or superior ruling over where the caes is heard. They are in 4 different courts. but only two different counties.I live in Ca. how do i run 4 criminal cases from 4 courts concurrent?
Are you the defendant? If you have 4 criminal cases going against you at the same time, I think it's time someone locked your *** up!!!I live in Ca. how do i run 4 criminal cases from 4 courts concurrent?
just sit still and someone will take care of the rest.
oh gosh looks like you will be seeing pelican bay Hun
there no way of walking or running just do ya time that's all i can say sorry
respect
shazdetox cleansing
Are you the defendant? If you have 4 criminal cases going against you at the same time, I think it's time someone locked your *** up!!!I live in Ca. how do i run 4 criminal cases from 4 courts concurrent?
just sit still and someone will take care of the rest.
oh gosh looks like you will be seeing pelican bay Hun
there no way of walking or running just do ya time that's all i can say sorry
respect
shaz
How are civil cases different from criminal cases?
need help with homework (:
plzHow are civil cases different from criminal cases?
In Criminal cases, you must be found guilty beyond a reasonable doubt. If there is reasonable doubt, then the jury is not supposed to convict you. In civil cases, you can still be found liable by the jury even if there is some reasonable doubt. So long as you are more than 50% responsible, then you are liable.
In civil cases, the jury typically does not have to reach a unanimous verdict, just some kind of majority. In criminal cases, the jury's verdict must be unanimous.
Also, criminal cases are the only cases in which you are sentenced. In civil cases, the results of the trial are orders to pay sums of money or transfer property. There can also be instructions by the court to not do certain things (injunction).How are civil cases different from criminal cases?
A criminal case is for a violation of a criminal law, designed to protect society from criminals by punishing them with fines or prison (or even a death penalty). A civil case is for a violation against another person (or a government agency) and can result in payment of damages, administrative suspension of a license, or injunction to stop or to enforce some action. The procedures for each type of case are different because of the difference in possible outcomes (e.g., loss of liberty versus payment of money to an injured person). Civil cases arise from torts, contracts, or violations of statutes and regulations and often overlap criminal violations. For example, you could be charged with criminal fraud and civil fraud at the same time, but the trials would be different and the verdicts would be different.
Look up the O.J. Simpson trials...he was tried in criminal court for the death of Nichole Simpson, not guilty. Then tried in civil court for damages and found guilty.
Criminal cases are for a violation of a law or statute while civil cases are where someone is suing for damages or to recover something that they feel was theirs.
plzHow are civil cases different from criminal cases?
In Criminal cases, you must be found guilty beyond a reasonable doubt. If there is reasonable doubt, then the jury is not supposed to convict you. In civil cases, you can still be found liable by the jury even if there is some reasonable doubt. So long as you are more than 50% responsible, then you are liable.
In civil cases, the jury typically does not have to reach a unanimous verdict, just some kind of majority. In criminal cases, the jury's verdict must be unanimous.
Also, criminal cases are the only cases in which you are sentenced. In civil cases, the results of the trial are orders to pay sums of money or transfer property. There can also be instructions by the court to not do certain things (injunction).How are civil cases different from criminal cases?
A criminal case is for a violation of a criminal law, designed to protect society from criminals by punishing them with fines or prison (or even a death penalty). A civil case is for a violation against another person (or a government agency) and can result in payment of damages, administrative suspension of a license, or injunction to stop or to enforce some action. The procedures for each type of case are different because of the difference in possible outcomes (e.g., loss of liberty versus payment of money to an injured person). Civil cases arise from torts, contracts, or violations of statutes and regulations and often overlap criminal violations. For example, you could be charged with criminal fraud and civil fraud at the same time, but the trials would be different and the verdicts would be different.
Look up the O.J. Simpson trials...he was tried in criminal court for the death of Nichole Simpson, not guilty. Then tried in civil court for damages and found guilty.
Criminal cases are for a violation of a law or statute while civil cases are where someone is suing for damages or to recover something that they feel was theirs.
In what cases did the Canadian Criminal Justice System wrongfully convict a person for a crime?
I need this for a law project....
Can any one, give me a few examples, I have trouble finding some.....
I know there was some case where there was a man who was charged killing a girl. But later they found that it was impossible for him to kill her, after something like 10 years. They did not find the real killer, because the police around that time were idiots and they ruined the evidence at the scene of the crime, and they contaminated all the evdience. Not even roping the area off.....
I'm sorry that's not very helpful but that's all i remember of that case.....
Can anyone tell me what case it may be, or also tell me other cases where the justice system failed because either it was the court's fault the police's fault or whatever?
ThanksIn what cases did the Canadian Criminal Justice System wrongfully convict a person for a crime?
The case you described sounds like the Guy Paul Morin case. He was convicted of murdering his neighbour's daughter, and was later released on appeal. Since then, DNA evidence has shown that he did not commit the crime.
There have been a number of cases like this in Canadian Legal history (nut I can't remember all the names now)In what cases did the Canadian Criminal Justice System wrongfully convict a person for a crime?
There was the Donald Marshall case - he was convicted of murdering Sandy Seal, then after he spent 14 years in prison, he was released when it was found that someone else committed the murder. He was native, and this occurred in Cape Breton, NS.
The case that you may have been thinking of was one out west, when David Milgard was convicted of killing a nurse, then was freed due to DNA evidence.
There was also the case of James Driskell, who spent 13 years in prison for murdering his friend Perry Harder because of incompetence on the part of the police and prosecutors.
The Newfoundland and Labrador government awarded Randy Druken $2.1 million Thursday in a bid to provide closure for a man who spent six years in jail for a murder he did not commit.
Druken was wrongfully convicted of the June 1993 stabbing of his girlfriend, Brenda Young, largely based on the testimony of a jailhouse informant who later recanted his story. After six years behind bars, Druken was granted an appeal, the conviction was overturned and the charge was eventually stayed
guy morin..milgaurd something and donnie marshall..hope it helps
could be steven truscott
Can any one, give me a few examples, I have trouble finding some.....
I know there was some case where there was a man who was charged killing a girl. But later they found that it was impossible for him to kill her, after something like 10 years. They did not find the real killer, because the police around that time were idiots and they ruined the evidence at the scene of the crime, and they contaminated all the evdience. Not even roping the area off.....
I'm sorry that's not very helpful but that's all i remember of that case.....
Can anyone tell me what case it may be, or also tell me other cases where the justice system failed because either it was the court's fault the police's fault or whatever?
ThanksIn what cases did the Canadian Criminal Justice System wrongfully convict a person for a crime?
The case you described sounds like the Guy Paul Morin case. He was convicted of murdering his neighbour's daughter, and was later released on appeal. Since then, DNA evidence has shown that he did not commit the crime.
There have been a number of cases like this in Canadian Legal history (nut I can't remember all the names now)In what cases did the Canadian Criminal Justice System wrongfully convict a person for a crime?
There was the Donald Marshall case - he was convicted of murdering Sandy Seal, then after he spent 14 years in prison, he was released when it was found that someone else committed the murder. He was native, and this occurred in Cape Breton, NS.
The case that you may have been thinking of was one out west, when David Milgard was convicted of killing a nurse, then was freed due to DNA evidence.
There was also the case of James Driskell, who spent 13 years in prison for murdering his friend Perry Harder because of incompetence on the part of the police and prosecutors.
The Newfoundland and Labrador government awarded Randy Druken $2.1 million Thursday in a bid to provide closure for a man who spent six years in jail for a murder he did not commit.
Druken was wrongfully convicted of the June 1993 stabbing of his girlfriend, Brenda Young, largely based on the testimony of a jailhouse informant who later recanted his story. After six years behind bars, Druken was granted an appeal, the conviction was overturned and the charge was eventually stayed
guy morin..milgaurd something and donnie marshall..hope it helps
could be steven truscott
Why do some criminal cases go federal?
A case goes to a federal court when it involves breaking a federal law.
Should we keep Juries in criminal cases?
Should we ??Should we keep Juries in criminal cases?
It is a constitutional requirement to have juries unless the defendant waives their right.Should we keep Juries in criminal cases?
Jury trials actually comprise only about 5% of all criminal case dispositions. The vast majority are plea bargained, the remainder dismissed or nolle prossed. Since it is a right guaranteed by the Constitution if the defendant so chooses, removing it would require a Constitutional amendment that I doubt would (or should) pass.
Absolutely.
The right to a jury is constitutionally guaranteed. It is a procedural due process protection against potential abuse of power by the government.
It is a constitutional requirement to have juries unless the defendant waives their right.Should we keep Juries in criminal cases?
Jury trials actually comprise only about 5% of all criminal case dispositions. The vast majority are plea bargained, the remainder dismissed or nolle prossed. Since it is a right guaranteed by the Constitution if the defendant so chooses, removing it would require a Constitutional amendment that I doubt would (or should) pass.
Absolutely.
The right to a jury is constitutionally guaranteed. It is a procedural due process protection against potential abuse of power by the government.
What are examples of cases that might arise under civil and criminal law?
What are examples of cases that might arise under civil and criminal law? Ex) OJ simpson case.What are examples of cases that might arise under civil and criminal law?
A good and more recent example is the Brandy case....she could end up facing misdemeanor criminal charges along with the civil suit she is facing
Many cases which are criminal can also arise under civil law if they are crimes against another person (i.e. hit and run accidents, murder, stuff like that)What are examples of cases that might arise under civil and criminal law?
O.J. Simpson - Criminal Law
There are two broad categories of law with which you might be familiar.
Criminal law addresses the need to investigate crimes, prosecute defendants, and hold offenders accountable, usually through penitentiary, jail or probationary sentences. Common criminal law issues would be driving under the influence of intoxicants, a gun-point robbery of a convenience store, homicide, and rape. The District Attorney prosecutes criminal cases in court, and must prove the guilt of accused defendants beyond a reasonable doubt.
Civil law addresses situations in which people have been harmed, and an economic award might help remedy the situation. Examples of civil law cases include divorce, disputes involving property ownership, and contractual disputes. Private attorneys generally handle both sides of a dispute involving civil law, and the issues in civil court most often need to be proven only by a preponderance of the evidence.
If you have a civil claim – for slipping on an icy sidewalk and becoming injured, for instance – you should discuss the matter with a private lawyer. You can find one listed in the yellow pages under “attorneys.”
If you are a victim of a crime – a crook stole your car out of your driveway and wrecked it during a joyride – you should report the crime to law enforcement and the District Attorney’s office will prosecute your case, if possible. You probably also have a civil claim against the car thief, and you should also consider discussing the matter with a private lawyer.
A good and more recent example is the Brandy case....she could end up facing misdemeanor criminal charges along with the civil suit she is facing
Many cases which are criminal can also arise under civil law if they are crimes against another person (i.e. hit and run accidents, murder, stuff like that)What are examples of cases that might arise under civil and criminal law?
O.J. Simpson - Criminal Law
There are two broad categories of law with which you might be familiar.
Criminal law addresses the need to investigate crimes, prosecute defendants, and hold offenders accountable, usually through penitentiary, jail or probationary sentences. Common criminal law issues would be driving under the influence of intoxicants, a gun-point robbery of a convenience store, homicide, and rape. The District Attorney prosecutes criminal cases in court, and must prove the guilt of accused defendants beyond a reasonable doubt.
Civil law addresses situations in which people have been harmed, and an economic award might help remedy the situation. Examples of civil law cases include divorce, disputes involving property ownership, and contractual disputes. Private attorneys generally handle both sides of a dispute involving civil law, and the issues in civil court most often need to be proven only by a preponderance of the evidence.
If you have a civil claim – for slipping on an icy sidewalk and becoming injured, for instance – you should discuss the matter with a private lawyer. You can find one listed in the yellow pages under “attorneys.”
If you are a victim of a crime – a crook stole your car out of your driveway and wrecked it during a joyride – you should report the crime to law enforcement and the District Attorney’s office will prosecute your case, if possible. You probably also have a civil claim against the car thief, and you should also consider discussing the matter with a private lawyer.
Should Double Jeopardy be allowed in criminal cases?
I mean shouldn't we be able to try someone if they write a book about how they committed the crime they are supposedly innocent for?Should Double Jeopardy be allowed in criminal cases?
If it can be proved that any of the witnesses commited perjury besides the defendent then I think we should be able to retry someone even if they are found not guilty the first time around. Fortunately prosecutors often dont fully charge people with all the crimes they commited. I.e if they kill seven people they charge them with 4-5 murder's. If its one then they dont charge them with discharging a firearm and improper disposal of a corpse. So they can go back and retry them on lesser charges if nothing else later. They could probaly retry O.j on a couple of stupid charges now and get him ten to twnety now if they wanted too.Should Double Jeopardy be allowed in criminal cases?
No, not at all. What would then stop a hell-bent prosecutor with a vendetta from putting an innocent person on trial until he/she gets the right sympathetic jury?
Addendum: A prosecutor has the responsibility to bring a suspect to trial only when he/she has the right amount of evidence to convince a jury that a person is guilty beyond a reasonable doubt. If they aren't able to do that, then they either shouldn't bring the suspect to trial, or they take a gamble. When Marcia Clark brought OJ to trial for murder, she took a gamble.
Lol..I find it funny that you go on and on about O.J. and have that molester for an Avatar. Last response from me, the longer I read your questions the more I feel my I.Q. dropping.
No. I think Double Jeopardy is a good idea. It the person is really guilty but found not guilty, well remember the old saying,
';be sure you're sins will find you out'; However the Lord knows who is truly repentant.
I Cr 13;8a
Why, did Michael Jackson write a book about the children he molested?
What Michael Jokerson said.
In O.J.s case YES
yes I think sodetox cleansing
If it can be proved that any of the witnesses commited perjury besides the defendent then I think we should be able to retry someone even if they are found not guilty the first time around. Fortunately prosecutors often dont fully charge people with all the crimes they commited. I.e if they kill seven people they charge them with 4-5 murder's. If its one then they dont charge them with discharging a firearm and improper disposal of a corpse. So they can go back and retry them on lesser charges if nothing else later. They could probaly retry O.j on a couple of stupid charges now and get him ten to twnety now if they wanted too.Should Double Jeopardy be allowed in criminal cases?
No, not at all. What would then stop a hell-bent prosecutor with a vendetta from putting an innocent person on trial until he/she gets the right sympathetic jury?
Addendum: A prosecutor has the responsibility to bring a suspect to trial only when he/she has the right amount of evidence to convince a jury that a person is guilty beyond a reasonable doubt. If they aren't able to do that, then they either shouldn't bring the suspect to trial, or they take a gamble. When Marcia Clark brought OJ to trial for murder, she took a gamble.
Lol..I find it funny that you go on and on about O.J. and have that molester for an Avatar. Last response from me, the longer I read your questions the more I feel my I.Q. dropping.
No. I think Double Jeopardy is a good idea. It the person is really guilty but found not guilty, well remember the old saying,
';be sure you're sins will find you out'; However the Lord knows who is truly repentant.
I Cr 13;8a
Why, did Michael Jackson write a book about the children he molested?
What Michael Jokerson said.
In O.J.s case YES
yes I think so
Can lawyers represent family members in civil cases? Criminal ones?
Yes and Yes.* Not a good idea.Can lawyers represent family members in civil cases? Criminal ones?
yep. You can represent yourself if you want. Not a very good idea though.
yep. You can represent yourself if you want. Not a very good idea though.
Criminal cases on copyrighted documents?
Does America already have cases of re-posting copyrighted documents (--like pictures) on the net that were caught and are now behind bars? Or no one has ever been charged of this kind of penalty?Criminal cases on copyrighted documents?
I don't believe ';copyright infringement'; is a criminal issue but instead a civil issue.
It would be my suggestion that an attorney be contacted who can provide you the legal assistance in righting a wrong!
Best wishes!
I don't believe ';copyright infringement'; is a criminal issue but instead a civil issue.
It would be my suggestion that an attorney be contacted who can provide you the legal assistance in righting a wrong!
Best wishes!
New TV show with criminal helping to solve cases?
okay, so i saw a preview for a new show where the police or somebody-or-other, in order to solve cases, has to recruit one of the most mastermind criminals. it looks like a funny show, the criminal guy is young, i know i recognized him from something but i can't remember what... anyway, anyone know what this is? Thanks!New TV show with criminal helping to solve cases?
white collar on the usa network
white collar on the usa network
What thoughts run through your mind while watching the criminal cases on Dateline NBC?
How bad the world is gettingWhat thoughts run through your mind while watching the criminal cases on Dateline NBC?
Will it ever end?What thoughts run through your mind while watching the criminal cases on Dateline NBC?
lately I watched and I don't hear.
How on earth this world has gotten to be where it is today. Where do some people come up with these things?
i don't watch it, it's too depressing
That when I show up at her house, Chris Hanson isn't standing there.
What is the world coming to?
I miss Stone Phillips
1) boy are these morons stupid!
2) boy are these neighbors stupid, since every time they say,';oh my he was such a nice guy he fit right in!
The world is full of different kinds of people.
how the world is getting bad
life is far away different than my imagination :(
How freaking retarded are these guys responding to screen names like ';notAcop11andHorny';-I mean, seriously. They get what they deserve when they get bludgeoned.
whose the bigger idiot, them for acting stupid, or me for watching
people are just so sick sometimes
I really hope this doesn't happen to me!
Will it ever end?What thoughts run through your mind while watching the criminal cases on Dateline NBC?
lately I watched and I don't hear.
How on earth this world has gotten to be where it is today. Where do some people come up with these things?
i don't watch it, it's too depressing
That when I show up at her house, Chris Hanson isn't standing there.
What is the world coming to?
I miss Stone Phillips
1) boy are these morons stupid!
2) boy are these neighbors stupid, since every time they say,';oh my he was such a nice guy he fit right in!
The world is full of different kinds of people.
how the world is getting bad
life is far away different than my imagination :(
How freaking retarded are these guys responding to screen names like ';notAcop11andHorny';-I mean, seriously. They get what they deserve when they get bludgeoned.
whose the bigger idiot, them for acting stupid, or me for watching
people are just so sick sometimes
I really hope this doesn't happen to me!
Is the ';beyond a reasonable doubt'; standard too high a burdon for the government to prove in criminal cases?
I've got a theme going. I asked if police lie in court and all the answer were yes-- then I asked if Judges responded to the lies properly and I got a split in the answers-- one person seemed upset by the second question. From their response I'm thinking maybe the police and judges feel that the level of proof is too high and that dishonesty is necessary-- so I thought I'd ask. What do you think?Is the ';beyond a reasonable doubt'; standard too high a burdon for the government to prove in criminal cases?
No it is not too high for the government to prove such a thing. Due to the fact that it's better to let 10 criminal go then charging a innocent personIs the ';beyond a reasonable doubt'; standard too high a burdon for the government to prove in criminal cases?
It is only because the laws protect the criminals, and often evidence that proves their guilt is ruled as ';inadmissible'; because it is ';unfair to the criminal'; in some way. The problem with ';letting 100 guilty go free'; is that this creates more victims, because those that were guilty usually just go and commit more crimes, but some people just care more about criminals than they do victims.
The only question I have for you is this: would you like to go to prison for something that looked like you did? Beyond a reasonable doubt is essential to avoid convicting innocent people. It somewhat removes the human emotion and somewhat allows objective examination of the facts which is intended to prevent the innocent from being convicted. I am not saying that it always works; however, that is its purpose. By the way, I would be willing to bet that a large percentage of the people who have been in a courtroom, lied while they were there.
Thanks for listening.
no, they just dont care to %26amp; we dont demand it.
We believe in ';beyond a reasonable doubt'; because we want to protect against abuses of the state. Not every legal system has this kind of protection. Here, it is believed that it is better to let an occasional guilty person go rather than to force an innocent person to be incarcerated. Like all systems, this one is flawed in the execution. Way too many innocent people go to jail and way too many guilty people do not.
If anyone lies in court, the trier of fact, whether it is the judge or jury should judge the credibility of the witness and disregard testimony believed to be false, whether from police or anyone else. Good cross-examination by the opposing counsel and good fact investigation is the best way to expose a lying witness, either in a civil case or a criminal case.
People lie. Human beings are hard wired for this. They don't lie all the time but the certainly don't tell the truth all the time either.
would you want to go to court without it i would rather 100 guilty go free than one innocent be convicted no the ';burden'; is not too high
';Beyond A Reasonable Doubt'; is the only equitable standard that can exist. Aside from whether or not guilty people go free or not. For me, the fact that someones life is in the hands of a decision made by a group of strangers demands that there be a high standard. It is a serious event to be placed in jail for life or even given the death penalty. Therefore it is necessary that there be a high standard to determine guilt, otherwise it would be too easy to frame innocent people or to convict them based on circumstances (which life shows us can sometimes give the ';appearance of guilt';). If there is doubt, I don't think you should do it, as a rule of law and for life in general. The fact that the doubt must meet the additional standard of being ';reasonable'; further attempts to ensure that the truly guilty cannot abuse the system (although it happens), but that doesnt change the fact that the standard needs to be there.
Throughout history, governments that operated without the ';reasonable doubt'; rule have been responsible for convicting and killing millions of innocent people. The Spanish Inquisition, Holy Wars, The Salem Witch Trials, the ';Black balling'; of Americans during the McCarthy days, the Gestapo, or any country that uses ';police state'; type tactics. Reasonable doubt would have spared a lot of innocent people from horrible undeserved fates. I think the standard should be there and is necessary for any civilized society.
No it is not too high for the government to prove such a thing. Due to the fact that it's better to let 10 criminal go then charging a innocent personIs the ';beyond a reasonable doubt'; standard too high a burdon for the government to prove in criminal cases?
It is only because the laws protect the criminals, and often evidence that proves their guilt is ruled as ';inadmissible'; because it is ';unfair to the criminal'; in some way. The problem with ';letting 100 guilty go free'; is that this creates more victims, because those that were guilty usually just go and commit more crimes, but some people just care more about criminals than they do victims.
The only question I have for you is this: would you like to go to prison for something that looked like you did? Beyond a reasonable doubt is essential to avoid convicting innocent people. It somewhat removes the human emotion and somewhat allows objective examination of the facts which is intended to prevent the innocent from being convicted. I am not saying that it always works; however, that is its purpose. By the way, I would be willing to bet that a large percentage of the people who have been in a courtroom, lied while they were there.
Thanks for listening.
no, they just dont care to %26amp; we dont demand it.
We believe in ';beyond a reasonable doubt'; because we want to protect against abuses of the state. Not every legal system has this kind of protection. Here, it is believed that it is better to let an occasional guilty person go rather than to force an innocent person to be incarcerated. Like all systems, this one is flawed in the execution. Way too many innocent people go to jail and way too many guilty people do not.
If anyone lies in court, the trier of fact, whether it is the judge or jury should judge the credibility of the witness and disregard testimony believed to be false, whether from police or anyone else. Good cross-examination by the opposing counsel and good fact investigation is the best way to expose a lying witness, either in a civil case or a criminal case.
People lie. Human beings are hard wired for this. They don't lie all the time but the certainly don't tell the truth all the time either.
would you want to go to court without it i would rather 100 guilty go free than one innocent be convicted no the ';burden'; is not too high
';Beyond A Reasonable Doubt'; is the only equitable standard that can exist. Aside from whether or not guilty people go free or not. For me, the fact that someones life is in the hands of a decision made by a group of strangers demands that there be a high standard. It is a serious event to be placed in jail for life or even given the death penalty. Therefore it is necessary that there be a high standard to determine guilt, otherwise it would be too easy to frame innocent people or to convict them based on circumstances (which life shows us can sometimes give the ';appearance of guilt';). If there is doubt, I don't think you should do it, as a rule of law and for life in general. The fact that the doubt must meet the additional standard of being ';reasonable'; further attempts to ensure that the truly guilty cannot abuse the system (although it happens), but that doesnt change the fact that the standard needs to be there.
Throughout history, governments that operated without the ';reasonable doubt'; rule have been responsible for convicting and killing millions of innocent people. The Spanish Inquisition, Holy Wars, The Salem Witch Trials, the ';Black balling'; of Americans during the McCarthy days, the Gestapo, or any country that uses ';police state'; type tactics. Reasonable doubt would have spared a lot of innocent people from horrible undeserved fates. I think the standard should be there and is necessary for any civilized society.
Are these civil or criminal cases?
Hey guys, my friend Laura and I need help on our HN US History Homework. We got all of them but two:
1. Bill got caught shoplifting at Walmart and was arrested.
2. Jerry was arrested for yelling ';Fire!'; in a crowded theater.
Thanks a lot!Are these civil or criminal cases?
Both situations are violations of criminal law. Stealing is a criminal offense. And shouting something that will incite an immediate and potentially dangerous reaction from a crowd is also a criminal offense (disturbing the peace, inciting a riot, etc.).
Both can BECOME a civil case. Walmart can sue Bill for the costs associated with his shoplifting behavior. Jerry can be sued by the theater for the loss of business that resulted when people ran out and/or by the customers who didn't get to watch the movie they paid to see and who may have been injured.Are these civil or criminal cases?
The absolute correct answer to both situations is they are BOTH CIVIL and CRIMINAL cases. The police can arrest you if you shoplift and they can arrest you for disturbing the peace or by causing a panic in the theater. Walmart can file a civil suit in small claims for the value of the merchandise that was taken (if it has not been replaced or returned). Walmart can also bring a petition for injunctive relief against you to keep you from returning to their store. That is a civil remedy.
The theater owner can likewise bring a civil action against you to enjoin you from coming to the theater. The theater or anyone who may have gotten injured in the panic leaving the theater can sue you for their medical costs and injuries if they were injured as a result of yelling ';fire'; in the crowded theater.
Technically speaking, they are neither. A case does not exist until someone files it with the court. The acts of shoplifting, causing a riot, disturbing the peace, or even being arrested do not create a court case, and therefore neither a criminal nor civil case exists. The situations you have listed create the potential for either/both civil and criminal complaints to be filed.
Criminaldetox cleansing
1. Bill got caught shoplifting at Walmart and was arrested.
2. Jerry was arrested for yelling ';Fire!'; in a crowded theater.
Thanks a lot!Are these civil or criminal cases?
Both situations are violations of criminal law. Stealing is a criminal offense. And shouting something that will incite an immediate and potentially dangerous reaction from a crowd is also a criminal offense (disturbing the peace, inciting a riot, etc.).
Both can BECOME a civil case. Walmart can sue Bill for the costs associated with his shoplifting behavior. Jerry can be sued by the theater for the loss of business that resulted when people ran out and/or by the customers who didn't get to watch the movie they paid to see and who may have been injured.Are these civil or criminal cases?
The absolute correct answer to both situations is they are BOTH CIVIL and CRIMINAL cases. The police can arrest you if you shoplift and they can arrest you for disturbing the peace or by causing a panic in the theater. Walmart can file a civil suit in small claims for the value of the merchandise that was taken (if it has not been replaced or returned). Walmart can also bring a petition for injunctive relief against you to keep you from returning to their store. That is a civil remedy.
The theater owner can likewise bring a civil action against you to enjoin you from coming to the theater. The theater or anyone who may have gotten injured in the panic leaving the theater can sue you for their medical costs and injuries if they were injured as a result of yelling ';fire'; in the crowded theater.
Technically speaking, they are neither. A case does not exist until someone files it with the court. The acts of shoplifting, causing a riot, disturbing the peace, or even being arrested do not create a court case, and therefore neither a criminal nor civil case exists. The situations you have listed create the potential for either/both civil and criminal complaints to be filed.
Criminal
How do i view criminal cases?
i have case #'s but need to find out what the charges areHow do i view criminal cases?
It depends upon what court you're dealing with. The federal courts use an online system called PACER, which requires a small payment for document retrieval. However, many state court systems do not require payment... but, the catch: many court systems don't have documents online.
Check the court website, and if that doesn't work, call the court clerk and see if there is an online retrieval system. If not, you'll have to go to the court house and examine the case file.How do i view criminal cases?
you have to go to a website but you have to pay for it
It depends upon what court you're dealing with. The federal courts use an online system called PACER, which requires a small payment for document retrieval. However, many state court systems do not require payment... but, the catch: many court systems don't have documents online.
Check the court website, and if that doesn't work, call the court clerk and see if there is an online retrieval system. If not, you'll have to go to the court house and examine the case file.How do i view criminal cases?
you have to go to a website but you have to pay for it
Do criminal lawyers get to pick which cases they represent?
I don't know for how long, I've considered going to college to become a criminal lawyer. But I was talking to my friend the other day and she too had thought about it. But she said that she changed her mind because even if you don't believe the person is guilty or innocent, you HAVE to represent them. Truly I don't want to be put in that situation if that is the case. I would greatly appreciate it if someone could help me out, thanks :).Do criminal lawyers get to pick which cases they represent?
Most law school graduates aspiring to practice criminal law do so initially in either a District Attorney's office (county prosecutor) or a public interest criminal defense organization such as the county public defender's office or Legal Aid Society. This is because most firms specializing in criminal law do not hire on a regular basis and many do not hire inexperienced attorneys.
If you work in a District Attorney's office you wont have to worry about defending anyone since your role will be that of the prosecutor. If you work as a public defender, or a Legal Aid Society criminal defense lawyer, you are not going to have much discretion in the cases you take. They are assigned to you and while occasionally you may be able to get a case reassigned if it is particularly offensive to you for personal reasons that you believe would impede your ability to provide the defendant with zealous defense, for the most part you have to take your cases as you receive them. If you work for private practice at a law firm, your cases are also going to be assigned to you by a partner, and you are not going to have enough discretion in accepting assignments to ensure that you wont have to represent a guilty client.
Even if you decide to become a solo practitioner, there is no guarantee that you wont have to represent a guilty client. In criminal defense law clients constantly lie to their attorneys, sometimes even when they are innocent which makes it difficult for the attorney to ascertain their actual guilt which means that sometimes you may be representing a client that you think is guilty who is actually innocent and other times you may be representing a client who you think is innocent but is actually guilty.
Additionally, if criminal defense is part of your practice as a soloist, the courts may occasionally assign you represent a defendant pro bono and you generally don't have a right to decline the assignment.
In general, if you have a problem with representing clients that may be guilty of the crimes with which they are charged, it is probably not a good idea to be a criminal defense lawyer. Very few defendants that go into the criminal court system are completely innocent and it is highly unlikely that you will be able to make a living specializing in criminal defense law by representing only those potential clients who you believe are innocent.Do criminal lawyers get to pick which cases they represent?
that's what our court system is based on..you represent guilty people too. everyone has a lawyer, granted if you have money you have a better lawyer than a court appointed one, but nevertheless some legal representation.
perhaps family law is more in line with your feelings.
one thing a criminal lawyer does not want to hear from their client is ';yes i did it'; then they are limited to the defense. they can not put their client on the stand to testify if they know ahead of time they will purger themselves. so you might know in your heart they are guilty
but you won't really ask them...does, that make sense.
you need to study the law a little and see if that's what you really want to do.
good luck
My understanding is that legal representation is ';forced'; in only 2 situations: if your employing firm assigns you the case, or you're a public defender and it's your turn in the rotation/you're available.
Not that I would recommend this, but I do not know the ramifications of leaving the employment position if you found the case too objectionable...
If you work for a firm and they assign you the case, or if you become a public defender then yeah, you'd be stuck.
Most law school graduates aspiring to practice criminal law do so initially in either a District Attorney's office (county prosecutor) or a public interest criminal defense organization such as the county public defender's office or Legal Aid Society. This is because most firms specializing in criminal law do not hire on a regular basis and many do not hire inexperienced attorneys.
If you work in a District Attorney's office you wont have to worry about defending anyone since your role will be that of the prosecutor. If you work as a public defender, or a Legal Aid Society criminal defense lawyer, you are not going to have much discretion in the cases you take. They are assigned to you and while occasionally you may be able to get a case reassigned if it is particularly offensive to you for personal reasons that you believe would impede your ability to provide the defendant with zealous defense, for the most part you have to take your cases as you receive them. If you work for private practice at a law firm, your cases are also going to be assigned to you by a partner, and you are not going to have enough discretion in accepting assignments to ensure that you wont have to represent a guilty client.
Even if you decide to become a solo practitioner, there is no guarantee that you wont have to represent a guilty client. In criminal defense law clients constantly lie to their attorneys, sometimes even when they are innocent which makes it difficult for the attorney to ascertain their actual guilt which means that sometimes you may be representing a client that you think is guilty who is actually innocent and other times you may be representing a client who you think is innocent but is actually guilty.
Additionally, if criminal defense is part of your practice as a soloist, the courts may occasionally assign you represent a defendant pro bono and you generally don't have a right to decline the assignment.
In general, if you have a problem with representing clients that may be guilty of the crimes with which they are charged, it is probably not a good idea to be a criminal defense lawyer. Very few defendants that go into the criminal court system are completely innocent and it is highly unlikely that you will be able to make a living specializing in criminal defense law by representing only those potential clients who you believe are innocent.Do criminal lawyers get to pick which cases they represent?
that's what our court system is based on..you represent guilty people too. everyone has a lawyer, granted if you have money you have a better lawyer than a court appointed one, but nevertheless some legal representation.
perhaps family law is more in line with your feelings.
one thing a criminal lawyer does not want to hear from their client is ';yes i did it'; then they are limited to the defense. they can not put their client on the stand to testify if they know ahead of time they will purger themselves. so you might know in your heart they are guilty
but you won't really ask them...does, that make sense.
you need to study the law a little and see if that's what you really want to do.
good luck
My understanding is that legal representation is ';forced'; in only 2 situations: if your employing firm assigns you the case, or you're a public defender and it's your turn in the rotation/you're available.
Not that I would recommend this, but I do not know the ramifications of leaving the employment position if you found the case too objectionable...
If you work for a firm and they assign you the case, or if you become a public defender then yeah, you'd be stuck.
How do I find the figures deatiling soliciotrs claim for criminal legal aid cases from the Legal Services comm
The Law Society or Legal Aid Practitioners Group (LAPG) should be able to help
Law Society: http://www.lawsoc.org.uk/
LAPG: http://www.lapg.co.uk/How do I find the figures deatiling soliciotrs claim for criminal legal aid cases from the Legal Services comm
If it's your case then you have a right to know how much they're billing the LSC anyway. If it's all the work of a particular firm you could try writing to the Freedom of Information team at the LSC. Increasingly you might find that they regard this information as commercially sensitive and won't give it to you, especially once tendering comes in.How do I find the figures deatiling soliciotrs claim for criminal legal aid cases from the Legal Services comm
All amounts are capped anyway! contact the legal services commission they should have rates on the website perhaps.
Law Society: http://www.lawsoc.org.uk/
LAPG: http://www.lapg.co.uk/How do I find the figures deatiling soliciotrs claim for criminal legal aid cases from the Legal Services comm
If it's your case then you have a right to know how much they're billing the LSC anyway. If it's all the work of a particular firm you could try writing to the Freedom of Information team at the LSC. Increasingly you might find that they regard this information as commercially sensitive and won't give it to you, especially once tendering comes in.How do I find the figures deatiling soliciotrs claim for criminal legal aid cases from the Legal Services comm
All amounts are capped anyway! contact the legal services commission they should have rates on the website perhaps.
Are criminal records taken into consideration in custody cases?
I currently have physical custody of my 1 year old daughter. I have no criminal record and her father has an extensive record including multiple drug charges. His parents pay a lawyer handle his cases, is there a possibility that he could get custody? Do they take any of this into consideration?Are criminal records taken into consideration in custody cases?
Criminal record would not negate his right as a parent to visitation with his child. But the court's first consideration is the best interest of the child and custody to someone with multiple charges would certainly not be in the child's best itnerest.
In fact, even visitation under such conditions can be specified to be supervised to ensure the child's safety.
There is the possibility that he could get custody, but only if you permit it by going into court unarmed. Make sure you have your own attorney, and a competent one who is experienced in such cases. Look up the phone number in the yellow pages for the Bar Assocation in your county for recommendations.Are criminal records taken into consideration in custody cases?
I would hope not.
And I hate to sound judgmental, but I guess I am surprised that you decided to have a child with a person who has had multiple arrests for drugs. I would want a better father for my child.
yes they do look at that and the record of his spouse (if he is re-married)
i know this from personal experience..my son's father was suing me for full custody of my 9 month old son that he never once visited even though he only lived a mile away..(it was because his new wife couldn't have kids) anyways 2 weeks before our trial started his wife was arrested for selling drugs and went before the judge 1 hour before our trial started (the same judge..lol...small town only had one judge) well the judge said that he wouldn't put a child into their home because of that and he lost his case
Yes make sure your lawyer brings it up several times
Yes, they will take it into consideration. My father recived no right s to us becuase he had drug charges. My mother got to decide if and when we could see him. She let us see him when ever we wanted but none of us wanted to see him, so.
Criminal record would not negate his right as a parent to visitation with his child. But the court's first consideration is the best interest of the child and custody to someone with multiple charges would certainly not be in the child's best itnerest.
In fact, even visitation under such conditions can be specified to be supervised to ensure the child's safety.
There is the possibility that he could get custody, but only if you permit it by going into court unarmed. Make sure you have your own attorney, and a competent one who is experienced in such cases. Look up the phone number in the yellow pages for the Bar Assocation in your county for recommendations.Are criminal records taken into consideration in custody cases?
I would hope not.
And I hate to sound judgmental, but I guess I am surprised that you decided to have a child with a person who has had multiple arrests for drugs. I would want a better father for my child.
yes they do look at that and the record of his spouse (if he is re-married)
i know this from personal experience..my son's father was suing me for full custody of my 9 month old son that he never once visited even though he only lived a mile away..(it was because his new wife couldn't have kids) anyways 2 weeks before our trial started his wife was arrested for selling drugs and went before the judge 1 hour before our trial started (the same judge..lol...small town only had one judge) well the judge said that he wouldn't put a child into their home because of that and he lost his case
Yes make sure your lawyer brings it up several times
Yes, they will take it into consideration. My father recived no right s to us becuase he had drug charges. My mother got to decide if and when we could see him. She let us see him when ever we wanted but none of us wanted to see him, so.
Statue of limitation in alabama on criminal cases?
i was charged 3 1/2 years ago on this charge now they are comeing back and taken me to courtStatue of limitation in alabama on criminal cases?
iT'S DIFFERENT DEPENDING ON THE CRIME RAPE OR MURDER MAY HAVE A LONGER STATUTE OF LIMITATIONS THAN LARCENY OR FORGERYStatue of limitation in alabama on criminal cases?
Depends on the charge.
Google ';Alabama'; ';statute of limitations'; and the charge, and see what comes up.
The statute of limitations can vary for civil and criminal charges too. If you are talking about a criminal trial- then this doesnt apply since you were charged already.
If you are talking about a civil trial, there may be a longer statute of limitations for the victim to seek damages.
Understand what the statute of limitations covers.
It covers the amount of time from the alleged act to the time that charges are filed or an indictment is handed down.
Once the charges are filed, the amount of time to take it to trial is between your attorney and the DA, postponements, resets, motions, they all take time (though three and a half years is a bit much).
Without knowing exactly what happened, AND what the charges are, I can't do anything but be vague
It's different for every charge. Something like jaywalking may be a year. Something like raping a baby has no statute of limitations.
iT'S DIFFERENT DEPENDING ON THE CRIME RAPE OR MURDER MAY HAVE A LONGER STATUTE OF LIMITATIONS THAN LARCENY OR FORGERYStatue of limitation in alabama on criminal cases?
Depends on the charge.
Google ';Alabama'; ';statute of limitations'; and the charge, and see what comes up.
The statute of limitations can vary for civil and criminal charges too. If you are talking about a criminal trial- then this doesnt apply since you were charged already.
If you are talking about a civil trial, there may be a longer statute of limitations for the victim to seek damages.
Understand what the statute of limitations covers.
It covers the amount of time from the alleged act to the time that charges are filed or an indictment is handed down.
Once the charges are filed, the amount of time to take it to trial is between your attorney and the DA, postponements, resets, motions, they all take time (though three and a half years is a bit much).
Without knowing exactly what happened, AND what the charges are, I can't do anything but be vague
It's different for every charge. Something like jaywalking may be a year. Something like raping a baby has no statute of limitations.
How many cases does the NYS Monroe County Criminal lab handle a year?
I'm looking for what kind of cases the crime lab processes involving forensics. Which are most common, least common and any other important, RELEVANT, information would be helpful. Thanks in advance.How many cases does the NYS Monroe County Criminal lab handle a year?
The Monroe County Public Safety Laboratory is one of 23 labs in the State of New York accredited by the State Division of Criminal Justice.Services. The laboratory provides analytical and physical examination of a wide variety of material to be used as evidence in criminal cases, including all controlled drugs seized in the region.
Testing and analysis done by the lab is divided in to the following areas: Biology,Criminalistics, Drug and Chemistry, Firearms, and Fire Debris. The staff gives technical aid and provides expert testimony to law enforcement agencies, the courts, and other governmental agencies in the region.detox cleansing
The Monroe County Public Safety Laboratory is one of 23 labs in the State of New York accredited by the State Division of Criminal Justice.Services. The laboratory provides analytical and physical examination of a wide variety of material to be used as evidence in criminal cases, including all controlled drugs seized in the region.
Testing and analysis done by the lab is divided in to the following areas: Biology,Criminalistics, Drug and Chemistry, Firearms, and Fire Debris. The staff gives technical aid and provides expert testimony to law enforcement agencies, the courts, and other governmental agencies in the region.
Where can i find a pro bono lawyer for criminal cases?
criminal case, assult in the 3rd degree, and gun possesionWhere can i find a pro bono lawyer for criminal cases?
Pro bono at first instance (i.e., for pre-trial advice and the trial itself) only through the state-funded public defender or legal aid service. If you haven't the funds to pay a lawyer on your own, they MUST supply one. Of course he may be incompetent, and he'll have to work for peanuts in many jurisdictions -- that's the problem.
You might get some help from a support organization for guns, or if you're a minority from a civil rights organization. Or if your rights have been compromised by the ACLU or a similar group.
On appeal if your case is legally interesting for students and facult, a law school clinic may help. Indeed, if your case looks outrageous on its face you can try them now.
By and large lawyers aren't available directly pro bono except in high profile cases because, well because you don't work pro bono either do you? They've got to live. And if they did something wrong, even working for free, you'd sue them for malpractice. (It happens often.)
Pro bono at first instance (i.e., for pre-trial advice and the trial itself) only through the state-funded public defender or legal aid service. If you haven't the funds to pay a lawyer on your own, they MUST supply one. Of course he may be incompetent, and he'll have to work for peanuts in many jurisdictions -- that's the problem.
You might get some help from a support organization for guns, or if you're a minority from a civil rights organization. Or if your rights have been compromised by the ACLU or a similar group.
On appeal if your case is legally interesting for students and facult, a law school clinic may help. Indeed, if your case looks outrageous on its face you can try them now.
By and large lawyers aren't available directly pro bono except in high profile cases because, well because you don't work pro bono either do you? They've got to live. And if they did something wrong, even working for free, you'd sue them for malpractice. (It happens often.)
Statistically is there more civil or criminal law in court cases in the UK?
which would the average person in the UK have more chance of appearing in court through, would it be civil law or criminal law.Statistically is there more civil or criminal law in court cases in the UK?
In terms of numbers of hearings, there are very signficantly more criminal than civil hearings.
The answer above explains why.Statistically is there more civil or criminal law in court cases in the UK?
Appearing in court, it's definitely crime, there are far more magistrates courts getting through far more business than the County Court.
A good indicator is that if you live in a small to medium town, you will have a magistrates' court, and the County Court (civil) will have one room in it perhaps two days per week. The rest of the time it's criminal work.
Actual number of proceedings, it might be different, because a large part of the county court's work - issuing CCJs against people, possession hearings, bankruptcies - usually involve no-one turning up.
In terms of numbers of hearings, there are very signficantly more criminal than civil hearings.
The answer above explains why.Statistically is there more civil or criminal law in court cases in the UK?
Appearing in court, it's definitely crime, there are far more magistrates courts getting through far more business than the County Court.
A good indicator is that if you live in a small to medium town, you will have a magistrates' court, and the County Court (civil) will have one room in it perhaps two days per week. The rest of the time it's criminal work.
Actual number of proceedings, it might be different, because a large part of the county court's work - issuing CCJs against people, possession hearings, bankruptcies - usually involve no-one turning up.
Do u know any criminal cases against physiotherapists who affix as ';Dr'; (the word doctor) in india?
One faculty from patna medical college told me there was a case against them in patna highcourt few years ago and few physiotherapists were suspended.
Nurses who are more knowledgeble in medicine (after 41/2 years training) and treat patients better than these people don't call themselves as doctors. Again the pharmacist who knows better regarding drugs/medicines don't affix ';Dr';.
6th pay commission (march, 2008) also segregated paramedicals (Nurses, radiographers, physiotherapists, speech therapists, Medical lab technicians) from Doctors (MBBS, MD, BDS).
Recently in Hindu news paper there was article, Medical Council of India has given stern warning to physiotherapists against affix of ';Dr'; with their name in the hospitals. It says “no other group of workers in the field of medical profession whether nursing or para-medical staff should use the title ‘Doctor’';.
http://www.hindu.com/2008/04/06/stories/2008040653770400.htm
Physiotherapists are not doctors: MCI
Bindu Shajan Perappadan
Stern warning to those using the ‘Doctor’ prefix; rule being flouted by 90 p.c. of physiotherapists working in Delhi
--------------------------------------…
‘Private hospitals are listing physiotherapists as doctors misleading the general population’
It allows them to charge more; creates unhealthy trend of paramedics calling themselves doctors
--------------------------------------…
NEW DELHI: Physiotherapists are not doctors and therefore should not be allowed to prefix “Doctor” in front of their name. This is the stern warning issued by the Medical Council of India, the statutory body regulating medical colleges, affiliations, new colleges and doctors registration, after it received representations from several quarters complaining that the rule was being flouted by almost 90 per cent of the physiotherapists working in the Capital.
Worse still, private hospitals are now listing physiotherapists as doctors, clearly misleading the general population.
Delhi Medical Council member Anil Bansal said: “Private hospitals in the city are listing physiotherapists as doctors confusing the patients. This also allows physiotherapists to charge more, offer advice that they are not permitted or trained to provide and creates an unhealthy trend of paramedics who call themselves doctors.”
The MCI had earlier made it clear that “no other group of workers in the field of medical profession whether nursing or para-medical staff should use the title ‘Doctor’. A person holding any qualification in physiotherapy is not entitled to use the title doctor as prefix. Whenever any person is found to be using the title ‘Doctor’ as a prefix when such a person is holding a qualification in physiotherapy but not possessing any recognised medical qualification, he would be violating the provision of Act 1916.”
MCI secretary A.R.N. Setalvad said: “Physiotherapists cannot use the prefix ‘Doctor’ as was decided at a meeting of the Ethics Committee of the Council.”
Delhi Council for Physiotherapy and Occupational Therapy chairman A. K. Agarwal said: “As per the Council’s Act there is no provision as of now allowing physiotherapists to use the title ‘Doctor’ but a discussion on the matter is currently on.”
Not used on any official document
Stating that physiotherapists were not using the title ‘Doctor’ on any official document, including their hospital identity card, Sujata Malik, Head of the Department of Rehabilitation Medicine and Physiotherapy at Sir Ganga Ram Hospital, said: “While ‘Doctor’ is not used by us on official documents, we use the same to make it convenient for patients to identify us.”
Stating that physiotherapists’ use of the title ‘Doctor’ was clearly a “legal malpractice and is aimed at creating confusion among the general public”, Mallikarjuna Nallegowda, Consultant (Injury Prevention and Rehabilitation), World Health Organisation (WHO)-India, said: “Physiotherapists are also one of the para-medical personnel who work with medical specialties including orthopaedics, physical medicine and rehabilitation, neurology and paediatrics.
The World Health Organisation in its 2000 report on ‘Allied Health (paramedical) Services and Education Report’ and in 2003 on ‘Health Care Systems in Transition’ listed physiotherapists with other para-medical personnel.”
The Delhi Voluntary Hospital Forum chairman, Chander Prakash, said: “There are only a handful of private health care institutions in Delhi that do not allow physiotherapists to use the prefix ‘Doctor’; in most other places they are listed as doctors which is continuing because nobody questions it.”Do u know any criminal cases against physiotherapists who affix as ';Dr'; (the word doctor) in india?
Not in India, I'm sorry but in the United States there are countless frauds who attach degrees to their names and they often get away with doing things that are illegal. SOmetimes people sue and win other times when they don't attach a particular title to their name they get away with it. Even with a title they get away with it. I had a physical ';therapy'; treatment with a total pervert andthere was no one to report him to because he did not call himself anything but a rolfer. There are a lot of criminals who call themselves various names giving ';massage therapy'; out there who assault women sexually.Do u know any criminal cases against physiotherapists who affix as ';Dr'; (the word doctor) in india?
Physiotherapists have some kind of academic training and they never practice anything beyond their subject. But we have Babas like Rams and Devs claim to be more than doctors to cure cancer and cardiac problems.
Such quakes started selling medicines in the name of Ayurveda. Whe have proper academic colleges for Ayurvedic Medicines and FDA is controlling the process of manufacturing. How people go behind swamijis for a miracle cure ?
There are colleges teaching full term physiotherapy of 5 1/2 years and they are authorised to use Dr. But, diploma holders or certificate course holders are not supposed to use this.
What is harm........., after getting the 'licence' or degree from Govt.!
Nurses who are more knowledgeble in medicine (after 41/2 years training) and treat patients better than these people don't call themselves as doctors. Again the pharmacist who knows better regarding drugs/medicines don't affix ';Dr';.
6th pay commission (march, 2008) also segregated paramedicals (Nurses, radiographers, physiotherapists, speech therapists, Medical lab technicians) from Doctors (MBBS, MD, BDS).
Recently in Hindu news paper there was article, Medical Council of India has given stern warning to physiotherapists against affix of ';Dr'; with their name in the hospitals. It says “no other group of workers in the field of medical profession whether nursing or para-medical staff should use the title ‘Doctor’';.
http://www.hindu.com/2008/04/06/stories/2008040653770400.htm
Physiotherapists are not doctors: MCI
Bindu Shajan Perappadan
Stern warning to those using the ‘Doctor’ prefix; rule being flouted by 90 p.c. of physiotherapists working in Delhi
--------------------------------------…
‘Private hospitals are listing physiotherapists as doctors misleading the general population’
It allows them to charge more; creates unhealthy trend of paramedics calling themselves doctors
--------------------------------------…
NEW DELHI: Physiotherapists are not doctors and therefore should not be allowed to prefix “Doctor” in front of their name. This is the stern warning issued by the Medical Council of India, the statutory body regulating medical colleges, affiliations, new colleges and doctors registration, after it received representations from several quarters complaining that the rule was being flouted by almost 90 per cent of the physiotherapists working in the Capital.
Worse still, private hospitals are now listing physiotherapists as doctors, clearly misleading the general population.
Delhi Medical Council member Anil Bansal said: “Private hospitals in the city are listing physiotherapists as doctors confusing the patients. This also allows physiotherapists to charge more, offer advice that they are not permitted or trained to provide and creates an unhealthy trend of paramedics who call themselves doctors.”
The MCI had earlier made it clear that “no other group of workers in the field of medical profession whether nursing or para-medical staff should use the title ‘Doctor’. A person holding any qualification in physiotherapy is not entitled to use the title doctor as prefix. Whenever any person is found to be using the title ‘Doctor’ as a prefix when such a person is holding a qualification in physiotherapy but not possessing any recognised medical qualification, he would be violating the provision of Act 1916.”
MCI secretary A.R.N. Setalvad said: “Physiotherapists cannot use the prefix ‘Doctor’ as was decided at a meeting of the Ethics Committee of the Council.”
Delhi Council for Physiotherapy and Occupational Therapy chairman A. K. Agarwal said: “As per the Council’s Act there is no provision as of now allowing physiotherapists to use the title ‘Doctor’ but a discussion on the matter is currently on.”
Not used on any official document
Stating that physiotherapists were not using the title ‘Doctor’ on any official document, including their hospital identity card, Sujata Malik, Head of the Department of Rehabilitation Medicine and Physiotherapy at Sir Ganga Ram Hospital, said: “While ‘Doctor’ is not used by us on official documents, we use the same to make it convenient for patients to identify us.”
Stating that physiotherapists’ use of the title ‘Doctor’ was clearly a “legal malpractice and is aimed at creating confusion among the general public”, Mallikarjuna Nallegowda, Consultant (Injury Prevention and Rehabilitation), World Health Organisation (WHO)-India, said: “Physiotherapists are also one of the para-medical personnel who work with medical specialties including orthopaedics, physical medicine and rehabilitation, neurology and paediatrics.
The World Health Organisation in its 2000 report on ‘Allied Health (paramedical) Services and Education Report’ and in 2003 on ‘Health Care Systems in Transition’ listed physiotherapists with other para-medical personnel.”
The Delhi Voluntary Hospital Forum chairman, Chander Prakash, said: “There are only a handful of private health care institutions in Delhi that do not allow physiotherapists to use the prefix ‘Doctor’; in most other places they are listed as doctors which is continuing because nobody questions it.”Do u know any criminal cases against physiotherapists who affix as ';Dr'; (the word doctor) in india?
Not in India, I'm sorry but in the United States there are countless frauds who attach degrees to their names and they often get away with doing things that are illegal. SOmetimes people sue and win other times when they don't attach a particular title to their name they get away with it. Even with a title they get away with it. I had a physical ';therapy'; treatment with a total pervert andthere was no one to report him to because he did not call himself anything but a rolfer. There are a lot of criminals who call themselves various names giving ';massage therapy'; out there who assault women sexually.Do u know any criminal cases against physiotherapists who affix as ';Dr'; (the word doctor) in india?
Physiotherapists have some kind of academic training and they never practice anything beyond their subject. But we have Babas like Rams and Devs claim to be more than doctors to cure cancer and cardiac problems.
Such quakes started selling medicines in the name of Ayurveda. Whe have proper academic colleges for Ayurvedic Medicines and FDA is controlling the process of manufacturing. How people go behind swamijis for a miracle cure ?
There are colleges teaching full term physiotherapy of 5 1/2 years and they are authorised to use Dr. But, diploma holders or certificate course holders are not supposed to use this.
What is harm........., after getting the 'licence' or degree from Govt.!
Pre-trail diversion is being used more often in some criminal cases.?
What is the problem with this alternative to a criminal trial.Pre-trail diversion is being used more often in some criminal cases.?
there is no problem. with this they can go through a program usually a drug or anger management and upon successfully completing the program they can have the charges dropped. way better then putting someone on probation for the next couple of years.
there is no problem. with this they can go through a program usually a drug or anger management and upon successfully completing the program they can have the charges dropped. way better then putting someone on probation for the next couple of years.
Who knows some court cases related with criminal mischief?
In New York or where ever.
I don't care what felony, what misdemeanor, or to what degree was the criminal mischief.
I just want to know any court cases relating to criminal mischief.Who knows some court cases related with criminal mischief?
Criminal mischief is when you intentionally cause damage to property.
TAMPA : Published: Dec 19, 2006- A pitching standout for Robinson High School, drafted by the Atlanta Braves over the summer, is under arrest, charged with using a baseball bat to smash a Chevrolet Blazer.
Steven Michael Evarts, 19, faces a single charge of criminal mischief causing $1,000 or more in damage, a third-degree felony punishable by up to five years in prison.
(http://news.tbo.com/news/metro/MGBOUGNSV鈥?/a>
By: Richard Hester 01/26/2007
A Mountain Home area man has been arrested for allegedly extensively vandalizing a local area resident's car. Forty-one year old Mark Pfeifer is charged with a felony count of criminal mischief in the first degree.
Baxter County Sheriff John Montgomery says Pfeifer was arrested as a result of an investigator collecting evidence at the scene and later collecting additional evidence which was sent to the Arkansas State Crime Laboratory for DNA analysis. As a result of that analysis, authorities say a positive match was made and Pfeifer was charged and arrested yesterday. A Sheriff's Department investigator declined to comment on the nature of the DNA evidence.
Authorities claim Pfeifer slashed tires on a 1996 Ford Taurus, shattered the windshield, broke taillights and keyed the entire body of the car. Damage was estimated at 5-thousand dollars.
Pfeifer was released from the Baxter County Detention Center after posting a 10-thousand dollar bond.
(http://www.ktlo.com/stories/02774_Pfeife鈥?/a>
By typing ';charged with Criminal mischief'; in the search windo w I pulled these 2 off the top of a list of approximately 516,000. There appear to be allot of mischief makers out there. Have fun!Who knows some court cases related with criminal mischief?
me
I don't care what felony, what misdemeanor, or to what degree was the criminal mischief.
I just want to know any court cases relating to criminal mischief.Who knows some court cases related with criminal mischief?
Criminal mischief is when you intentionally cause damage to property.
TAMPA : Published: Dec 19, 2006- A pitching standout for Robinson High School, drafted by the Atlanta Braves over the summer, is under arrest, charged with using a baseball bat to smash a Chevrolet Blazer.
Steven Michael Evarts, 19, faces a single charge of criminal mischief causing $1,000 or more in damage, a third-degree felony punishable by up to five years in prison.
(http://news.tbo.com/news/metro/MGBOUGNSV鈥?/a>
By: Richard Hester 01/26/2007
A Mountain Home area man has been arrested for allegedly extensively vandalizing a local area resident's car. Forty-one year old Mark Pfeifer is charged with a felony count of criminal mischief in the first degree.
Baxter County Sheriff John Montgomery says Pfeifer was arrested as a result of an investigator collecting evidence at the scene and later collecting additional evidence which was sent to the Arkansas State Crime Laboratory for DNA analysis. As a result of that analysis, authorities say a positive match was made and Pfeifer was charged and arrested yesterday. A Sheriff's Department investigator declined to comment on the nature of the DNA evidence.
Authorities claim Pfeifer slashed tires on a 1996 Ford Taurus, shattered the windshield, broke taillights and keyed the entire body of the car. Damage was estimated at 5-thousand dollars.
Pfeifer was released from the Baxter County Detention Center after posting a 10-thousand dollar bond.
(http://www.ktlo.com/stories/02774_Pfeife鈥?/a>
By typing ';charged with Criminal mischief'; in the search windo w I pulled these 2 off the top of a list of approximately 516,000. There appear to be allot of mischief makers out there. Have fun!Who knows some court cases related with criminal mischief?
me
Where can I find the results of criminal court cases heard in England?
Any English University will have a record of every court case ever heard in a high court or above in it's Law library.Where can I find the results of criminal court cases heard in England?
They maintain a diary of all decided cases.Where can I find the results of criminal court cases heard in England?
In Court ENGLAND
idkdetox cleansing
They maintain a diary of all decided cases.Where can I find the results of criminal court cases heard in England?
In Court ENGLAND
idk
In the federal system the courts that hear a majority of the civil and criminal cases are ___ courts?
10 letters
8th letter: I
|_|_|_|_|_|_|_|I|_|_In the federal system the courts that hear a majority of the civil and criminal cases are ___ courts?
|If you're talking the US, the federal court system (other than appellate) is United States District Court. They hear civil and criminal cases.
http://usinfo.state.gov/products/pubs/le鈥?/a>
8th letter: I
|_|_|_|_|_|_|_|I|_|_In the federal system the courts that hear a majority of the civil and criminal cases are ___ courts?
|If you're talking the US, the federal court system (other than appellate) is United States District Court. They hear civil and criminal cases.
http://usinfo.state.gov/products/pubs/le鈥?/a>
Is truth serum used in civil & criminal court cases? If not then why not?
Sodium thiopental is known as truth serum. http://en.wikipedia.org/wiki/Sodium_thio鈥?/a>
Just wondering if the truth can be found easier and more directly if a person at question is injected with the truth serum during a witness stand or whatnot.Is truth serum used in civil %26amp; criminal court cases? If not then why not?
It violates your constitutional rights.Is truth serum used in civil %26amp; criminal court cases? If not then why not?
No, it is not. Just like ';lie detector tests'; are not allowed in court, and that is not an invasive procedure like injecting witnesses with a drug would be.
It doesn't work. Did you read the whole article? Here is the relevant section:
Truth serum
Thiopental is still used in some places as a truth serum.[3] The barbiturates as a class decrease higher cortical brain functioning. Some psychiatrists hypothesize that because lying is more complex than telling the truth, suppression of the higher cortical functions may lead to the uncovering of the ';truth';. However, the reliability of confessions made under thiopental is dubious; the drug tends to make subjects chatty and cooperative with interrogators, but a practiced liar or someone who has a false story firmly established would still be quite able to lie while under the influence of the drug.[9]
A lawyer worth the name could get you to admit to anything or everything, or say just about anything they wanted you to say. That isn't how the system is supposed to work.
The CIA has used this for years and LSD to get to the truth however it is very similar to using a polygraph as some can pass it every time.
It was written in our bill of rights that we would have certain rights against such acts for our protection against unreasonable search and seizure this is why it will never be admissible as evidence in a court of law
Because there is no such thing as truth serum. Sodium thiopental does not force you to tell the truth.
Just read your own wikipedia link:
';the reliability of confessions made under thiopental is dubious';
No. There is no actual ';truth serum.'; There are medications that break down resistance, but no drug that absolutely prevents a lie.
No, that is never used. ';Truth serum'; technically doesn't exist. But there are substances that break down your resistance to questioning.
they can take your blood, saliva, urine and fingerprints all unconstitutional and use them for evidence against you so why not? its just another step in the same direction
involuntary testimony, which if it worked at all it would be, is prohibited by the Constitution.
Just wondering if the truth can be found easier and more directly if a person at question is injected with the truth serum during a witness stand or whatnot.Is truth serum used in civil %26amp; criminal court cases? If not then why not?
It violates your constitutional rights.Is truth serum used in civil %26amp; criminal court cases? If not then why not?
No, it is not. Just like ';lie detector tests'; are not allowed in court, and that is not an invasive procedure like injecting witnesses with a drug would be.
It doesn't work. Did you read the whole article? Here is the relevant section:
Truth serum
Thiopental is still used in some places as a truth serum.[3] The barbiturates as a class decrease higher cortical brain functioning. Some psychiatrists hypothesize that because lying is more complex than telling the truth, suppression of the higher cortical functions may lead to the uncovering of the ';truth';. However, the reliability of confessions made under thiopental is dubious; the drug tends to make subjects chatty and cooperative with interrogators, but a practiced liar or someone who has a false story firmly established would still be quite able to lie while under the influence of the drug.[9]
A lawyer worth the name could get you to admit to anything or everything, or say just about anything they wanted you to say. That isn't how the system is supposed to work.
The CIA has used this for years and LSD to get to the truth however it is very similar to using a polygraph as some can pass it every time.
It was written in our bill of rights that we would have certain rights against such acts for our protection against unreasonable search and seizure this is why it will never be admissible as evidence in a court of law
Because there is no such thing as truth serum. Sodium thiopental does not force you to tell the truth.
Just read your own wikipedia link:
';the reliability of confessions made under thiopental is dubious';
No. There is no actual ';truth serum.'; There are medications that break down resistance, but no drug that absolutely prevents a lie.
No, that is never used. ';Truth serum'; technically doesn't exist. But there are substances that break down your resistance to questioning.
they can take your blood, saliva, urine and fingerprints all unconstitutional and use them for evidence against you so why not? its just another step in the same direction
involuntary testimony, which if it worked at all it would be, is prohibited by the Constitution.
Explain the main differences between civil and criminal cases?
homework please help meExplain the main differences between civil and criminal cases?
criminal is a crime against society
civil is a case where someone is wrongedExplain the main differences between civil and criminal cases?
In a criminal case, you can go to jail (be deprived of liberty). In a civil case you just pay money if you lose.
In a criminal case, the evidence must be ';beyond a reasonable doubt';. In a civil case, just ';preponderance of evidence'; - whichever side has more, even if slightly more in their favor.
In a civil case, it is ';plaintiff'; vs ';defendant';, the wronged party against the wrong doer. Often there is no criminal statute violated. Just the claim of the plaintiff that something is wrong.
In a civil case, it is the state vs the defendant. And there are criminal law statutes that are used for the prosecution.
Criminal cases are when the government in prosecuting a person.
(Society vs. Person)
While Civil is when a person/organization is prosecuting another person/organization
(Person vs. Person)
civil: person vs. person
burden of proof on the plaintiff: beyond reasonable doubt
criminal: society accusing person.
burden of proof: more likely than not
Do your own homework LOL
criminal is a crime against society
civil is a case where someone is wrongedExplain the main differences between civil and criminal cases?
In a criminal case, you can go to jail (be deprived of liberty). In a civil case you just pay money if you lose.
In a criminal case, the evidence must be ';beyond a reasonable doubt';. In a civil case, just ';preponderance of evidence'; - whichever side has more, even if slightly more in their favor.
In a civil case, it is ';plaintiff'; vs ';defendant';, the wronged party against the wrong doer. Often there is no criminal statute violated. Just the claim of the plaintiff that something is wrong.
In a civil case, it is the state vs the defendant. And there are criminal law statutes that are used for the prosecution.
Criminal cases are when the government in prosecuting a person.
(Society vs. Person)
While Civil is when a person/organization is prosecuting another person/organization
(Person vs. Person)
civil: person vs. person
burden of proof on the plaintiff: beyond reasonable doubt
criminal: society accusing person.
burden of proof: more likely than not
Do your own homework LOL
Why a majority of cases, either civil or criminal, never reach the courtroom ?
Why a majority of cases, either civil or criminal, never reach the courtroom ?
appreciate for your help !Why a majority of cases, either civil or criminal, never reach the courtroom ?
Civil cases are often settled out of court, because the person/company that is being sued does not want to pay a high amount of court costs and legal fees if they are not sure that they will win the case. Criminal cases sometimes don't reach the courtroom because the defendant and the prosecutor will reach a plea agreement. This will secure a conviction for the prosecutor and the judge is more apt to show leniency toward the defendant. I hope this helps.Why a majority of cases, either civil or criminal, never reach the courtroom ?
Civil cases, usually end up with an out of court settlement
Criminal cases- usually get plea bargained out.
Why, both save money and time. Trials are expensive and time consuming.
The short and sweet 2 word answer:
PLEA BARGAINS
appreciate for your help !Why a majority of cases, either civil or criminal, never reach the courtroom ?
Civil cases are often settled out of court, because the person/company that is being sued does not want to pay a high amount of court costs and legal fees if they are not sure that they will win the case. Criminal cases sometimes don't reach the courtroom because the defendant and the prosecutor will reach a plea agreement. This will secure a conviction for the prosecutor and the judge is more apt to show leniency toward the defendant. I hope this helps.Why a majority of cases, either civil or criminal, never reach the courtroom ?
Civil cases, usually end up with an out of court settlement
Criminal cases- usually get plea bargained out.
Why, both save money and time. Trials are expensive and time consuming.
The short and sweet 2 word answer:
PLEA BARGAINS
Is there online FREE access to criminal court cases in queensland australia?
Yes, there is.
Austlii: poorly formatted, and not regularly updated, but can still be good
http://www.austlii.edu.au/databases.html
Queensland Courts website: very good, easy to navigate
http://www.courts.qld.gov.au/qjudgment/d鈥?/a>
There is another called CaseBase but you must have a subscription- perhaps contact a university, or maybe even a library. If you're looking for something specific, contact me with the details and I'll hunt it down for you. I have extensive access to Australian and international databases through uni.
Austlii: poorly formatted, and not regularly updated, but can still be good
http://www.austlii.edu.au/databases.html
Queensland Courts website: very good, easy to navigate
http://www.courts.qld.gov.au/qjudgment/d鈥?/a>
There is another called CaseBase but you must have a subscription- perhaps contact a university, or maybe even a library. If you're looking for something specific, contact me with the details and I'll hunt it down for you. I have extensive access to Australian and international databases through uni.
Does Ohio have a public website that allows searches for people's criminal cases and conviction records?
It varies by county. Ex: Allen county's links are: allencountyclerkofcourts.com, limamunicipalcourts.com, and f course vinelink2.0.com (which has a map) but only shows you who is incarcerated.Does Ohio have a public website that allows searches for people's criminal cases and conviction records?
I don't think Ohio has a summary site. But most, if not all, Ohio counties have the records online through the county's clerk of courts website. Just check their civil or criminal dockets.detox cleansing
I don't think Ohio has a summary site. But most, if not all, Ohio counties have the records online through the county's clerk of courts website. Just check their civil or criminal dockets.
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