By San Francisco Injury Attorney Albert G. Stoll, Jr.

Size: px
Start display at page:

Download "By San Francisco Injury Attorney Albert G. Stoll, Jr. www.stoll-law.com @AlbertStoll"

Transcription

1 Using Criminal Court to Recover Money Damages in California Drunk Driving Cases: How to Secure A Criminal Restitution Order For an Injured Personal Injury Plaintiff Introduction: By This paper discusses tactical strategies and California rules of law governing criminal restitution in drunken driving or DUI cases in California as well as providing practical tips to ensure recovery in a follow up civil personal injury claim. The following topics are discussed: (1) An overview of criminal restitution law; (2) Tips on how to get criminal restitution for a personal injury plaintiff injured by a California drunk driver; and (3) An outline of how to secure a civil recovery. The analysis below offers the legal foundation needed for proof and a suggested plan of attack before bringing a successful civil lawsuit, while simultaneously obtaining criminal restitution in DUI injury cases under California law. An Overview of Criminal Restitution in California In general, victim restitution (i.e. compensation) refers to a DUI victim's right to recover any economic losses that he or she incurred as the result of another person's criminal wrongdoing. i In California drunk driving accident and injury cases, criminal courts must impose payment of restitution made to an injured victim by the defendant (usually as part of probation proceedings) or a condition thereof. ii In these cases, the term victim is not limited to the person who suffered a direct or threatened physical, psychological, or financial harm. For example, the family of the individual who suffered a loss, or even a business, government or other entity (who has suffered a loss due to another person's criminal acts) may recover. iii California Superior Courts therefore order restitution required under the law iv by compelling a defendant(s) to pay the injured victim(s) a specific amount of money that is pre-determined and calculated by the parties or their authorized representatives. v To the extent possible, the restitution order must be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant's criminal conduct. vi For instance, it has been held that the defendant must pay for the value of damaged property (i.e. replacement cost of like property or the actual cost of repairing the property) when repair is possible. vii Other recoverable losses include: medical expenses, viii mental health expenses or counseling, ix wages or lost profits, x interest xi and reasonable attorney s fees. xii Basically, California law provides that victims of crime are entitled to recover the full amount for any reasonable losses or expenses. xiii So how do you prove the losses? 1

2 Evidence of losses will likely include financial statements, bills, invoices, testimony and any other out-of-pocket losses the victim incurred as a result of the defendant s DUI-related crime, which is documented. Because the crime victim restitution statute uses the language "including, but not limited to" the enumerated losses, a trial court may compensate a California crime victim for any economic loss which is proved to be the direct result of the defendant's criminal behavior even if not specifically enumerated in the restitution statute. xiv Thus, California courts have held that a defendant who pled guilty to a felony hit-and-run from an accident resulting in the death to another was required to pay funeral expenses as direct restitution to the family of the victim because, under the restitution statute, funeral expenses were a loss incurred as a result of the commission of a crime for which the defendant was convicted, inasmuch as a defendant's involvement in an accident causing serious injury or death was an element of his felony hit-andrun offense. xv Effectively, the well-established goal of restitution outlined by California courts is to make the victim whole again. In order to accomplish this goal, there are several things to watch out for when attempting to obtain criminal restitution for a client who has been injured by a drunk driver. Here are the basics. How Criminal Restitution Works: 10 Practical Tips 1. Prosecutors are not allowed to reduce the amount of restitution during a plea bargain, because they are not permitted to waive any claims on the victim's behalf. xvi Additionally, if a charge related to a victim s loss is dismissed on the front end, a Harvey Waiver may be used. If signed, a Harvey Waiver entitles the victim to restitution on any dismissed count connected with the case. xvii 2. People v. Rubio (2007) (4th District COP, Div. 1 Docket No.D048426, WL ) (Unpublished), held that the absence of a restitution order is illegal and therefore can be corrected at any time. If no restitution was ordered due to compelling and or extraordinary reasons, the Court must expressly state that on the record. 3. A victim is entitled to collect full restitution from the defendant (even if the victim is separately reimbursed) by an insurance payment. xviii However, if it is the defendant's insurance company that pays the victim, the defendant is entitled to have the insurance payment deducted from his or her remaining victim restitution obligation. xix 4. If the full amount of recovery is not known at the time of the defendant's sentencing (which is when restitution must be requested and ordered as a condition of probation) the court may include a provision that victim compensation will be ordered based on an amount "to be determined. The full amount will then be determined during a restitution hearing. xx 5. Regardless of whether the exact amount of victim restitution is set at either sentencing or later at a restitution hearing, if the victim discovers additional losses after the restitution order is made, it can be amended as appropriate. xxi 2

3 6. At the hearing, the victim has the burden of proving that the defendant's criminal conduct substantially caused the victim's losses. The defendant's conduct doesn't have to be the only factor that contributed to the loss, as long as the conduct was at least a substantial factor. xxii Additionally, the victim must prove that the amount of compensation he or she is requesting is proper. The standard of proof is a preponderance of the evidence. xxiii 7. If the victim doesn't have documentary evidence described in the previous section, he or she may simply explain what losses the victim believes they incurred. If the defendant disputes this amount, he or she then has the burden of proving that the requested amount is inappropriate. xxiv 8. After determining how much victim restitution or compensation a DUI defendant will be required to pay, that payment becomes a part of the defendant's probation sentence. Depending on the circumstances, the judge will either (1) require the defendant to pay the victim the full amount in one payment, or (2) set up a payment plan for the defendant to make installment payments, a much more common approach. If the victim is uncomfortable having the defendant make payments directly to him or her, the victim may request that payments be made to the local probation department, which will then forward payments to the victim. xxv 9. If the defendant fails to make timely payments, the victim may contact the prosecuting attorney so that he/she can schedule a probation violation hearing. A willful failure to pay can result in a probation violation, incarceration or other additional penalties. Failure to pay solely because of a financial inability to do so cannot be penalized. xxvi 10. Once a victim is awarded restitution, the order is collectible as if it were a civil judgment. This means that the victim will have all the resources available under California law to collect his/her payment. In addition, bankruptcy does not discharge a DUI Defendant. xxvii Civil Awards: It is important to distinguish criminal restitution from civil tort law restitution (which is established differently) via the calculation of damages. On the civil side, victims are not limited or prevented in seeking criminal restitution by what a civil action award or settlement agreement. The major differences between the two include the following: (1) Criminal victim restitution is a streamlined process namely because criminal victim restitution is typically ordered at the time sentencing; (2) In a criminal prosecution, the victim submits his or her evidence of loss to the prosecution. Then it goes before the defense and the court. (3) Unlike in civil court, prosecutors in the criminal case help present the victim's expenses and thereby do not collect a fee. However, a private attorney that helps to collect a criminal restitution order may collect fees. In short, the general strategy is to try and recover as much as you can for a client, victim or victim s family. Fortunately under the eyes of the law in California, this is encouraged. 3

4 For example, in the case of Vigilant Insurance Company v. Chiu (2009), 175 Cal. App. 4th 438, a defendant attempted to reverse a civil judgment against him of close to $500,000 by arguing that because a criminal court had previously found defendant guilty of grand theft (ordering him to pay $615,000 in restitution) the plaintiff already had a valid judgment against defendant and therefore could not enter a second judgment based upon the same facts in civil court. The Appellate court however, did not agree and upheld the civil damages judgment against the defendant in this case. The court answered a resounding no to the issue of whether an order of restitution under Section in favor of a victim of a crime may preclude the victim from pursuing a separate civil action based on the same facts from which the criminal conviction arose? Plaintiffs and their attorneys may also look to what is called the Victim's Bill of Rights, xxviii a part of California s Constitution which provides, "all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffered. Specifically, states, "It is the intent of the Legislature that a victim of a crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime." Finally, the Legislature clarified their stance on civil restitution in a new section added in the mid 1990 s, which reads, "A restitution order imposed pursuant to subdivision (f) shall be enforceable as if the order were a civil judgment. In reading this section, the Chiu court held that the Legislature had a clear intent to allow the victim of a crime to pursue a separate civil remedy regardless of the restitution order in a criminal court. Conclusion: So what does this body of law mean for personal injury victims of drunk drivers in California? In cases where a civil suit may be lacking in damages, the injured party may have a better chance of recovery by pursuing criminal restitution. For judgment proof defendants criminal restitution may be another tool to help get a portion of the money that is owed to the personal injury plaintiff. This is particularly useful when a criminal judge orders the defendant to get a job to pay the order or assists in garnishing wages and the like. Either way, an injured plaintiff does not have to limit themselves to a civil action; recovery via criminal restitution is a viable option and may bring in more dollars before a civil case is even filed. i Restorative Justice, MODERN DICTIONARY FOR THE LEGAL PROFESSION, 3 ed. Lexis Nexis (2001). ii Penal Code (b). The court shall consider whether the defendant as a condition of probation shall make restitution to the victim or the Restitution Fund. iii Cal. Const. Art. 1, 28(e). As used in this section, a "victim" is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime 4

5 or delinquent act. The term "victim" also includes the person's spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated. The term "victim" does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim." iv Cal. Const. Art I, 28(b)(1). Victims who suffer losses as a result of criminal activity have the right to restitution for damages resulting from that crime. See Also Penal Code (a)(1). It is the intent of the Legislature that a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime. v 22 Ca. Jur. Criminal Law: Post-Trial Proceedings 77. vi Id. vii Pen. Code, subd. (f)(3)(a). People v. Gemelli, 161 Cal. App. 4th 1539, 74 Cal. Rptr. 3d 901 (4th Dist. 2008), review denied, (July 9, 2008). A trial court acted within its discretion in finding that the defendant's testimony at the restitution hearing, that repairs at the burglarized restaurant were typically made by the victim, did not effectively rebut the victim's claimed labor costs subject to restitution, where the defendant did not show that the $ 25 hourly rate for the victim's claimed number of hours spent for repairs were in any way excessive. See Also, People v. Thygesen, 69 Cal. App. 4th 988, 81 Cal. Rptr. 2d 886 (2d Dist. 1999) where a trial court could consider the potential rental value in fixing the amount of restitution for the theft of a cement mixer and was not limited to award only the replacement value of the mixer. viii Pen. Code, subd. (f)(3)(b). See Also, People v. Hove, 76 Cal. App. 4th 1266, 91 Cal. Rptr. 2d 128 (4th Dist. 1999) where an order of restitution in the amount of $ 286, representing compensation for medical expenses of a pedestrian struck by the defendant's car while the defendant was driving under the influence of methamphetamine was appropriate, despite the fact that all the victim's medical expenses were covered by Medicare and Medi-Cal and the victim could conceivably profit if the defendant complied with the restitution order and Medicare or Medi-Cal did not pursue reimbursement. ix Pen. Code, subd. (f)(3)(c). x Pen. Code, subd. (f)(3)(d), which also provides that lost wages include any commission income as well as any base wages, and that commission income may be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. xi Pen. Code, subd. (f)(3)(g). xii Pen. Code, subd. (f)(3)(h); In re Imran Q., 158 Cal. App. 4th 1316, 71 Cal. Rptr. 3d 121 (2d Dist. 2008). A trial court order requiring a juvenile to pay the victim additional restitution for the legal fees and costs that the victim incurred to collect the restitution was not an abuse of discretion, since the Penal Code allowed a court to order restitution of legal fees and costs that a victim incurred to collect restitution. See Also, People v. Fulton, 109 Cal. App. 4th 876, 135 Cal. Rptr. 2d 466 (4th Dist. 2003) where a trial court did not abuse its discretion in determining that the $ 25,000 attorney's fees incurred by the victim who sought restitution for such fees was reasonable, since the victim was fully justified in retaining counsel and filing the personal injury action that resulted in the settlement of $ 100,000 as the victim had sustained serious physical injury, and the attorney's entitlement to 25% of the $ 100,000 settlement award based on contingency agreement was reasonable. Finally, See Also, People v. Maheshwari, 107 Cal. App. 4th 1406, 132 Cal. Rptr. 2d 903 (2d Dist. 2003). Attorney's fees and private investigator's fees incurred by the victim of embezzlement in connection with a civil action for conversion were properly included in the direct victim restitution to be paid by the defendant following his criminal conviction of grand theft of personal property where the investigation was both necessary to establish the extent of the victim's losses and the logical result of the defendant's criminal conduct. xiii California Constitution Article 1, Section 28(b) -- Declaration of rights. ("(b) In order to preserve and protect a victim's rights to justice and due process, a victim shall be entitled to the following rights...13) To restitution. (A) It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the 5

6 persons convicted of the crimes causing the losses they suffer. (B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss. (C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.") xiv People v. Crisler, 165 Cal. App. 4th 1503, 81 Cal. Rptr. 3d 887 (3d Dist. 2008), review denied, (Nov. 12, 2008); People v Keichler, 129 Cal. App. 4th 1039, 29 Cal. Rptr. 3d 120 (3d Dist. 2005). xv People v. Rubics, 136 Cal. App. 4th 452, 38 Cal. Rptr. 3d 886 (4th Dist. 2006). xvi People v. Brown 147 Cal.App.4th 1213, 1226 (2007). Victim restitution may not be bargained away by the People. The Legislature left no discretion or authority with the trial court or the prosecution to bargain away the victim's constitutional and statutory right to restitution. As such, it cannot properly be the subject of plea negotiations." See Also: People v. Valdez (1994) 24 Cal.App.4th 1194, 1203, 30 Cal.Rptr.2d 4. Accordingly, a negotiated plea may not be specifically enforced to the extent it directs the sentencing court to order less than full victim restitution unless the record contains a statement of extraordinary and compelling reasons for the limitation. xvii If restitution is imposed which is attributable to a count dismissed pursuant to a plea bargain, as described in this section (i.e. Cal. Penal Code ) the court shall obtain a waiver pursuant to People v. Harvey 25 Cal.3d 754 (1979) from the defendant as to the dismissed count." xviii Cal. Penal Code (f)(2) PC - Victim restitution fines (2) Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of any third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited to the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the Victim Compensation Program pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.") See also In re Brittany L. (2002) 99 Cal.App.4th 1381, where the court held that the juvenile court erred in failing to order restitution in an amount necessary to fully reimburse the victims without regard to their reimbursement from other sources. Like adult criminal courts, juvenile courts, in ordering victim restitution, are not to consider whether the victim has been, or will be, reimbursed from third parties. The court further held that the juvenile court erred in failing to determine the neighbors' economic losses and in refusing to consider the minor's challenge to the claim of losses. The statute makes clear that the sentencing court is required to evaluate the evidence and resolve the issue of the proper amount of restitution that will fully reimburse the victims." xix People v. Bernal, 101 Cal.App.4th 155 (2002). A trial court erred in determining that defendant's restitution obligation was satisfied when the victim signed the release. The court held that a release by a victim cannot waive the prosecution's right to have a defendant pay restitution ordered as part of the defendant's sentence. Further, the victim would be in an untenable position if he or she had to reject a settlement offer from a defendant's insurance company that covers only a portion of the victim's losses in order to preserve the uncertain possibility that the full amount might be recovered from the defendant. However, the court held that, on remand, the trial court would be required to offset against defendant's restitution obligation the amounts paid to the victim by defendant's insurer." xx Cal. Penal Code (f) PC - Victim restitution fines (f) Except as provided in subdivisions (q) and (r), in every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. Further, if the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. The court may specify that funds confiscated at the time of the defendant's arrest, except for funds confiscated pursuant to Section of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption. xxi Id. xxii Judicial Council Of California Criminal Jury Instruction 240 CALCRIM

7 xxiii People v. Baumann, 176 Cal.App.3d 67, 80 (1985). For each of the foregoing reasons we conclude the standard of reasonable doubt utilized in criminal proceedings for proving a defendant committed the crime charged is not mandated in determining whether restitution should be ordered as a condition of probation or for determining the amount of restitution to be ordered as a condition of probation. We conclude proof by a preponderance of the evidence is the standard in the absence of a statute or decisional law to the contrary." xxiv People v. Gemelli, 161 Cal.App.4th 1539, 1543 (2008). "Once the victim makes a prima facie showing of economic losses incurred as a result of the defendant's criminal acts, the burden shifts to the defendant to disprove the amount of losses claimed by the victim. See Also, People v. Fulton (2003) 109 Cal.App.4th 876, 886, 135 Cal.Rptr.2d 466. The defendant has the burden of rebutting the victim's statement of losses, and to do so, may submit evidence to prove the amount claimed exceeds the repair or replacement cost of damaged or stolen property." xxv California Penal Code (b). xxvi California Penal Code (a). See Also. People v. Lawson, 69 Cal.App.4th 29, (1999). xxvii Restitution orders are not dischargeable in bankruptcy. 11 U.S.C. 1328(a). A probation term prohibiting any attempt at a bankruptcy discharge of a restitution order is a valid term according to a Superior Court Appellate Department opinion. People v. Warnes, 10 Cal.App.4th Supp. 35 (1992). xxviii Proposition 8 of Section

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

Your Criminal Justice System

Your Criminal Justice System Your Criminal Justice System Helpful Information for the Victims and Witnesses of Crime Provided by Kansas Attorney General Derek Schmidt Victims Services Division 120 SW 10th Ave, 2nd Floor Topeka, KS

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION 1

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION 1 Filed 11/24/15 P. v. Faccone CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

SENATE BILL 1486 AN ACT

SENATE BILL 1486 AN ACT Senate Engrossed State of Arizona Senate Forty-fifth Legislature First Regular Session 0 SENATE BILL AN ACT AMENDING SECTION -, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 00, CHAPTER, SECTION ; AMENDING

More information

Responsibilities. Arnold Schwarzenegger. Governor, State of California. Helping California Crime Victims Since 1965

Responsibilities. Arnold Schwarzenegger. Governor, State of California. Helping California Crime Victims Since 1965 Your Restitution Responsibilities a Brochure for Adult and Juvenile Offenders Arnold Schwarzenegger Governor, State of California Helping California Crime Victims Since 1965 800.777.9229 www.victimcompensation.ca.gov

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

court. However, without your testimony the defendant might go unpunished.

court. However, without your testimony the defendant might go unpunished. Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for

More information

A Victim s Guide to Understanding the Criminal Justice System

A Victim s Guide to Understanding the Criminal Justice System A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

Franklin County State's Attorney Victim Services

Franklin County State's Attorney Victim Services Franklin County State's Attorney Victim Services FREQUENTLY ASKED QUESTIONS What type of services and information can I get through Victim Services Program? A Victim Advocate will be assigned to assist

More information

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Chapter 316-A: VICTIMS' COMPENSATION FUND Table of Contents Part 9. CRIMINAL JUSTICE PLANNING AND ASSISTANCE... Section 3360. DEFINITIONS... 3 Section 3360-A.

More information

SEC Adopts Whistleblower Rules Under Dodd-Frank

SEC Adopts Whistleblower Rules Under Dodd-Frank June 2011 SEC Adopts Whistleblower Rules Under Dodd-Frank On May 25, 2011, the U.S. Securities and Exchange Commission (SEC) by a 3 2 vote adopted final rules implementing the whistleblower award program

More information

Restitution Basics for Victims of Crimes by Adults

Restitution Basics for Victims of Crimes by Adults Restitution Basics for Victims of Crimes by Adults If you are the victim of a crime, you have a right to be repaid for losses that resulted from the crime. This booklet will help you understand: How to

More information

Restoration of Civil Rights. Helping People regain their Civil Liberties

Restoration of Civil Rights. Helping People regain their Civil Liberties Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled

More information

VICTIM IMPACT STATEMENT WHAT IS A VICTIM IMPACT STATEMENT AND HOW IS IT USED? SUGGESTIONS FOR COMPLETING YOUR VICTIM IMPACT STATEMENT

VICTIM IMPACT STATEMENT WHAT IS A VICTIM IMPACT STATEMENT AND HOW IS IT USED? SUGGESTIONS FOR COMPLETING YOUR VICTIM IMPACT STATEMENT MONONGALIA COUNTY VICTIM ASSISTANCE PROGRAM PROSECUTING ATTORNEY'S OFFICE FIRST FLOOR JUSTICE CENTER 75 HIGH STREET MORGANTOWN, WV 26505 (304) 291-7286 Fax: (304) 291-7269 VICTIM IMPACT STATEMENT WHAT

More information

SANTA CRUZ COUNTY CRIMINAL DEFENSE CONFLICTS PROGRAM POLICIES AND PROCEDURES

SANTA CRUZ COUNTY CRIMINAL DEFENSE CONFLICTS PROGRAM POLICIES AND PROCEDURES SANTA CRUZ COUNTY CRIMINAL DEFENSE CONFLICTS PROGRAM POLICIES AND PROCEDURES OVERVIEW The Office of County Counsel administers the County s Criminal Defense Conflicts Program. The Program Administrator

More information

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]

More information

Contents. About This Book How To Use This Book Foreword Acknowledgments About the Author

Contents. About This Book How To Use This Book Foreword Acknowledgments About the Author Contents About This Book How To Use This Book Foreword Acknowledgments About the Author vii ix xi xiii xv Chapter 1 Initial Client Engagement 5 Topical Index 1 1.01 Nature of Federal Tax Law 5 1.02 Role

More information

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following: ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant )

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

Criminal Restitution s Impact on Civil Litigation and Insurance Coverage

Criminal Restitution s Impact on Civil Litigation and Insurance Coverage Criminal Restitution s Impact on Civil Litigation and Insurance Coverage By Patrick J. Hickey and Mark Neider Harris, Karstaedt, Jamison & Powers, P.C. 10333 E. Dry Creek Road, Suite 300 Englewood CO 80112

More information

JUVENILE JUSTICE SYSTEM

JUVENILE JUSTICE SYSTEM JUVENILE JUSTICE SYSTEM A delinquency petition is a court document alleging that a juvenile, between ages 10-16, has violated a law which would be a criminal offense if committed by an adult. Disposition

More information

INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY

INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY Garden City, Idaho 6015 Glenwood St., Garden City, ID 83714 (208) 472-2900 www.gardencityidaho.org A MESSAGE Garden City

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

H. VIOLATION OF COURT ORDER

H. VIOLATION OF COURT ORDER H. VIOLATION OF COURT ORDER 2700. Violation of Court Order (Pen. Code, 166(a)(4) & (b)(1)) The defendant is charged [in Count ] with violating a court order [in violation of Penal Code section 166]. To

More information

AMENDED ADMINISTRATIVE ORDER GOVERNING A COLLECTIONS COURT PROGRAM IN ORANGE COUNTY

AMENDED ADMINISTRATIVE ORDER GOVERNING A COLLECTIONS COURT PROGRAM IN ORANGE COUNTY ADMINISTRATIVE ORDER NO. 07-99-26-5 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA AMENDED ADMINISTRATIVE ORDER GOVERNING A COLLECTIONS COURT PROGRAM IN ORANGE COUNTY

More information

Adult Plea Negotiation Guidelines

Adult Plea Negotiation Guidelines From the office of the Rice County Attorney: Adult Plea Negotiation Guidelines Revision June, 2004 1. These guidelines apply to any adult felony defendant case prosecuted by this office, which is not disposed

More information

Idaho Manual on the Rights of Victims of Crime

Idaho Manual on the Rights of Victims of Crime Office of the Attorney General Idaho Manual on the Rights of Victims of Crime JULY 2004 LAWRENCE WASDEN Attorney General 700 West State Street Boise, ID 83720-0010 www.ag.idaho.gov State of Idaho Office

More information

Cuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND

Cuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND 33.0 ASSIGNMENT AND OF COUNSEL TO DEFEND PART I. (A) No attorney will be assigned to defend any indigent person in a criminal case unless his or her name appears on one of the approved trial counsel lists

More information

OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT:

OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: It is the policy of the Olmsted County Attorney to pursue all domestic abuse allegations with zealous, yet discretionary prosecution

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent

More information

STUDENT STUDY GUIDE CHAPTER NINE

STUDENT STUDY GUIDE CHAPTER NINE Multiple Choice Questions STUDENT STUDY GUIDE CHAPTER NINE 1. Which of the following is a type of case that is often heard by lower level courts? a. Breach of contract b. Federal appeals c. Maritime claims

More information

Information about the Criminal Justice System**

Information about the Criminal Justice System** 1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony

More information

How to Apply for a Pardon. State of California. Office of the Governor

How to Apply for a Pardon. State of California. Office of the Governor How to Apply for a Pardon State of California Office of the Governor Statement of Philosophy A California Governor's pardon is an honor traditionally granted only to individuals who have demonstrated exemplary

More information

Restitution Basics for Victims of Offenses by Juveniles

Restitution Basics for Victims of Offenses by Juveniles Restitution Basics for Victims of Offenses by Juveniles If you are the victim of an offense committed by a youth under the age of 18, you have a right to be repaid for losses that resulted from the offense.

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 3/1/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, Plaintiff and Appellant, v. B264693 (Los Angeles County Super.

More information

The Victims of Crime Act, 1995

The Victims of Crime Act, 1995 1 VICTIMS OF CRIME, 1995 c. V-6.011 The Victims of Crime Act, 1995 being Chapter V-6.011 of the Statutes of Saskatchewan, 1995 (effective February 21, 1997) as amended by the Statutes of Saskatchewan,

More information

Victims of Crime Act

Victims of Crime Act Victims of Crime Act PURPOSE Recognizing the state's concern for victims of crime, it is the purpose of the Victims of Crime Act [31-26-1 NMSA 1978] to assure that: A. the full impact of a crime is brought

More information

KENTUCKY VICTIMS RIGHTS LAWS1

KENTUCKY VICTIMS RIGHTS LAWS1 CONSTITUTION STATUTES KENTUCKY VICTIMS RIGHTS LAWS1 Kentucky does not have a victims' rights amendment to its constitution. Title XXXVIII, Witnesses, Evidence, Notaries, Commissioners of Foreign Deeds,

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION Consumer Financial Protection Bureau and Office of the Attorney General, State of Florida, Department of Legal Affairs, Case No.

More information

SUMMARY OF CONTENTS. C o m m o n R e p re s e n t a t i o n C o n f l i c t s

SUMMARY OF CONTENTS. C o m m o n R e p re s e n t a t i o n C o n f l i c t s SUMMARY OF CONTENTS Contents Preface vii xix Part I Introductory Materials 1 Chapter 1 Introduction 3 Chapter 2 Disqualification Motion Procedure 17 Chapter 3 Grounds for Disqualification 41 P a r t I

More information

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia Case 1:11-cr-00326-SCJ-JFK Document 119-1 Filed 01/20/12 Page 1 of 16 GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF

More information

APPLICATION FOR PAYMENT FROM THE REAL ESTATE RECOVERY FUND FORM RF-107 GENERAL INFORMATION

APPLICATION FOR PAYMENT FROM THE REAL ESTATE RECOVERY FUND FORM RF-107 GENERAL INFORMATION ARIZONA DEPARTMENT OF REAL ESTATE 2910 N. 44TH STREET, SUITE 100 PHOENIX AZ 85018 602-771-7760 www.azre.gov APPLICATION FOR PAYMENT FROM THE REAL ESTATE RECOVERY FUND A.R.S. 32-2186 et seq. FORM RF-107

More information

Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws.

Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws. Criminal Law Month Content Skills August Introduction to law Define the term jurisprudence. What is law? Explain several reasons for having laws. Discuss the relationship between laws and values. Give

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

Arizona Constitution: Article II, Section 2.1 Victims Bill of Rights. Arizona Revised Statutes:

Arizona Constitution: Article II, Section 2.1 Victims Bill of Rights. Arizona Revised Statutes: Arizona Laws Arizona Constitution: Article II, Section 2.1 Victims Bill of Rights Arizona Revised Statutes: Title 13, Chapter 40 Crime Victims Rights Title 8, Chapter 3, Article 7 Victims Rights for Juvenile

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

Prepared by: Barton L. Slavin, Esq. 212-233-1010 Web site: www.nycattorneys.com

Prepared by: Barton L. Slavin, Esq. 212-233-1010 Web site: www.nycattorneys.com Prepared by: Barton L. Slavin, Esq. 1. Identify Insurance Company - On the Police Report there is a three digit code that identifies the insurance company for a vehicle. The following link will take you

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO Filed 2/2/16 P. v. Moore CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Chapter 337-A: PROTECTION FROM HARASSMENT Table of Contents Part 12. HUMAN RIGHTS... Section 4651. DEFINITIONS... 3 Section 4652. FILING OF COMPLAINT; JURISDICTION...

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE Filed 6/21/16 P. v. Archuleta CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

A Victim s Guide to the Capital Case Process

A Victim s Guide to the Capital Case Process A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A15-0415 State of Minnesota, Respondent, vs. Shannon

More information

20-28.3. Seizure, impoundment, forfeiture of motor vehicles for offenses involving impaired driving while license revoked or without license and insurance, and for felony speeding to elude arrest. (a)

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

CRIME VICTIM COMPENSATION APPLICATION

CRIME VICTIM COMPENSATION APPLICATION CRIME VICTIM COMPENSATION APPLICATION Weld County District Attorney s Office Kenneth R. Buck-District Attorney Post Office Box 1167 915 Tenth Street Greeley, CO 80632 (970) 356-4010 Fax (970) 336-7224

More information

VICTIM ASSISTANCE INFORMATION. PHIL SANDLIN Constable

VICTIM ASSISTANCE INFORMATION. PHIL SANDLIN Constable VICTIM ASSISTANCE INFORMATION PHIL SANDLIN Constable Harris County Precinct 8 16603 Buccaneer Ln. Houston, Texas 77062 24 Hour Dispatch (281) 488-4040 Fax (281) 488-8380 Precinct 8 Case #: Officer Name/Unit

More information

Interlocal Cooperation Contract

Interlocal Cooperation Contract Interlocal Cooperation Contract STATE OF TEXAS COUNTY OF I. Parties This Interlocal Cooperation Contract ( Contract ) is made and entered into between the Texas Department of Public Safety ( TDPS ), a

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A10-1742 State of Minnesota, Respondent, vs. Nicholas

More information

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Note that not every case goes through all of the steps outlined here. Some states have different procedures. I. Pre-Trial Crimes that would

More information

STATE OF MINNESOTA IN COURT OF APPEALS A10-1884. State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant.

STATE OF MINNESOTA IN COURT OF APPEALS A10-1884. State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant. STATE OF MINNESOTA IN COURT OF APPEALS A10-1884 State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant. Filed January 3, 2012 Affirmed Kalitowski, Judge Hennepin County District Court File No.

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

TABLE OF CONTENTS I. FLOW CHARTS The Life of a Criminal Prosecution II. THE RIGHTS OF VICTIMS DURING THE COURSE OF THE CRIMINAL JUSTICE PROCESS

TABLE OF CONTENTS I. FLOW CHARTS The Life of a Criminal Prosecution II. THE RIGHTS OF VICTIMS DURING THE COURSE OF THE CRIMINAL JUSTICE PROCESS Know your Rights! Crime victims have many rights. The California Constitution gives all victims of crime a victim s bill of rights known as Marsy s Law. In addition to the rights victims have under Marsy

More information

NEGOTIATING WITH MEDICARE AND MEDICAID

NEGOTIATING WITH MEDICARE AND MEDICAID NEGOTIATING WITH MEDICARE AND MEDICAID I. MEDICARE PROVIDES HEALTHCARE COVERAGE A. Persons 65 Years Old and Older B. Certain Disabled Persons under 65 C. Persons with End-Stage Renal Disease II. MEDICARE

More information

VICTIM COMPENSATION APPLICATION

VICTIM COMPENSATION APPLICATION OFFICE OF THE ATTORNEY GENERAL Crime Prevention & Victim Services Crime Victim Compensation Division Post Office Box 220 Jackson, Mississippi 39205-0220 1-800-829-6766 or 601-359-6766 601-576-4445 (FAX)

More information

Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations

Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations Chapter 13.A Procedure Speedy Trial (Last Updated: May 13, 2013) 29-1207. Trial within six

More information

Alabama Rules of Criminal Procedure. Rule 26. Judgment; presentence report; sentence hearing; sentence.

Alabama Rules of Criminal Procedure. Rule 26. Judgment; presentence report; sentence hearing; sentence. Alabama Rules of Criminal Procedure Rule 26. Judgment; presentence report; sentence hearing; sentence. Rule 26.11. Fines and restitution. (a) IMPOSITION OF RESTITUTION. Restitution should be ordered in

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO Filed 1/27/16 P. v. Morales CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather

More information

Table of Contents. Selected Iowa Wrongful Death Laws and Rules

Table of Contents. Selected Iowa Wrongful Death Laws and Rules Table of Contents 1. What is a wrongful death claim?... 2 2. Who may recover compensation for a wrongful death?... 3 3. How is a wrongful death claim commenced?... 4 4. What types of losses are compensated

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

NOT TO BE PUBLISHED IN OFFICIAL REPORTS COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA Filed 12/22/15 P. v. Sphabmixay CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Michael Dohr x SENATE BILL 1-1 SENATE SPONSORSHIP Lambert, Lundberg (None), HOUSE SPONSORSHIP Senate Committees

More information

Taking Bail 2014-15. Notes

Taking Bail 2014-15. Notes Taking bail is one of the most important magistrate functions performed by municipal judges in Texas. When magistrates give Article 15.17 warnings to defendants in custody, they have a duty to set bail,

More information

RESPONSIBILITIES OF COUNTY ATTORNEYS AND ASSISTANT COUNTY ATTORNEYS

RESPONSIBILITIES OF COUNTY ATTORNEYS AND ASSISTANT COUNTY ATTORNEYS IOWA COUNTY ATTORNEYS ASSOCIATION PROSECUTORIAL STANDARDS RESPONSIBILITIES OF COUNTY ATTORNEYS AND ASSISTANT COUNTY ATTORNEYS (As amended through November 2008) Standard 1.1 A. The County Attorney and

More information

COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT STANDING ORDER NO. 2-86 (AMENDED)

COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT STANDING ORDER NO. 2-86 (AMENDED) COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT SUFFOLK, ss. SUPERIOR COURT DEPARTMENT STANDING ORDER NO. 2-86 (AMENDED) Applicable to All Counties to cases initiated by indictment on or after September

More information

2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION OLD REPUBLIC INSURANCE COMPANY, v. Plaintiff, MICHIGAN CATASTROPHIC

More information

ATTORNEYS MAKING OUT LIKE BANDITS: IT IS LEGAL, BUT IS IT ETHICAL? By Elizabeth Ann Escobar

ATTORNEYS MAKING OUT LIKE BANDITS: IT IS LEGAL, BUT IS IT ETHICAL? By Elizabeth Ann Escobar ATTORNEYS MAKING OUT LIKE BANDITS: IT IS LEGAL, BUT IS IT ETHICAL? By Elizabeth Ann Escobar I. IN WHOSE BEST INTEREST?...2 II. COMPENSATION: WORDS MATTER...3 III. EDUCATION AND STATUTORY REFORM...5 IV.

More information

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by

More information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

The Rights of Crime Victims in Texas

The Rights of Crime Victims in Texas The Rights of Crime Victims in Texas 1 Housekeeping Please turn off cell phones and pagers or place in a silent mode. Questions can be answered in presentations or during break. 2 Constitutional Rights

More information

DRUG COURT DEFERRED JUDGMENT INFORMATION SHEET

DRUG COURT DEFERRED JUDGMENT INFORMATION SHEET DRUG COURT DEFERRED JUDGMENT INFORMATION SHEET If you have been charged with a crime involving possession of a controlled substance and/or possession of drug paraphernalia, you may be eligible to participate

More information

THE PROPERTY TAX PROTEST PROCESS

THE PROPERTY TAX PROTEST PROCESS THE PROPERTY TAX PROTEST PROCESS A summary of the appeal procedures under the Texas Property Tax Code Presented by: Jason C. Marshall THE MARSHALL FIRM PC 302 N. Market Suite 510 Dallas TX 75202 214.742.4800

More information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MARCH 14, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001304-MR DONALD T. CHRISTY APPELLANT v. APPEAL FROM MASON CIRCUIT COURT HONORABLE STOCKTON

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:15-CR-244-T-23AEP PLEA AGREEMENT

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:15-CR-244-T-23AEP PLEA AGREEMENT Case 8:15-cr-00244-SDM-AEP Document 3 Filed 07/08/15 Page 1 of 15 PageID 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. CASE NO. 8:15-CR-244-T-23AEP

More information

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes.

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes. F REQUENTLY A SKED Q UESTIONS A BOUT T HE C RIMINAL J USTICE S YSTEM WHO IS THE DISTRICT ATTORNEY? The New York State Constitution provides that the District Attorney is a public official elected by the

More information

BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS

BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS The following Local Rules replace the current local rules, Part 5, Section

More information

I. ELIGIBILITY FOR BOTH PRE-CHARGE AND POST-CHARGE DIVERSION: 1. Admit guilt and acknowledge responsibility for their action.

I. ELIGIBILITY FOR BOTH PRE-CHARGE AND POST-CHARGE DIVERSION: 1. Admit guilt and acknowledge responsibility for their action. ANOKA COUNTY ADULT CRIMINAL DIVERSION PLAN Effective July 1, 1994 - Revised 8/1/02, 9/5/07, 9/11/08 (Revisions apply only to crimes occurring on or after 9/1/08). The following plan has been developed

More information

DISTRICT CODE: 211 CRIMINAL OR CIVIL ACTION AGAINST SCHOOL DISTRICT, SCHOOL BOARD MEMBER, EMPLOYEE, OR STUDENT

DISTRICT CODE: 211 CRIMINAL OR CIVIL ACTION AGAINST SCHOOL DISTRICT, SCHOOL BOARD MEMBER, EMPLOYEE, OR STUDENT SCHOOL POLICIES HOPKINS SCHOOL DISTRICT 270 1001 HIGHWAY 7 HOPKINS, MINNESOTA 55305 DISTRICT CODE: 211 CRIMINAL OR CIVIL ACTION AGAINST SCHOOL DISTRICT, SCHOOL BOARD MEMBER, EMPLOYEE, OR STUDENT I. PURPOSE

More information

State of New Jersey DEPARTMENT OF LAW AND PUBLIC SAFETY DIVISION OF CRIMINAL JUSTICE PO BOX 085 TRENTON, NJ 08625-0085 TELEPHONE (609) 984-6500

State of New Jersey DEPARTMENT OF LAW AND PUBLIC SAFETY DIVISION OF CRIMINAL JUSTICE PO BOX 085 TRENTON, NJ 08625-0085 TELEPHONE (609) 984-6500 J OHN J. FARMER, JR. Attorney General State of New Jersey DEPARTMENT OF LAW AND PUBLIC SAFETY DIVISION OF CRIMINAL JUSTICE PO BOX 085 TRENTON, NJ 08625-0085 TELEPHONE (609) 984-6500 KATHRYN FLICKER Director

More information